Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 10, 2000 and adjourned Wednesday, April 22, 2000, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 2000 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 10, 2000 through March 7, 2000. Volume II contains March 8, 2000 through March 22, 2000 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 10, 2000 and adjourned Wednesday, March 22, 2000
VOLUME I
2000 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1999-2000
THOMAS B. MURPHY ........................................................ Speaker 18th DISTRICT, HARALSON COUNTY
JACKCONNELL ..................................................Speaker Pro Tern 115th DISTRICT, RICHMOND COUNTY
ROBERTE. RIVERS, JR........................................................... Clerk HARALSON COUNTY
DON CASTLEBERRY.......................................................Messenger STEWARTCOUNTY
WARD EDWARDS ..........................................................Doorkeeper TAYLOR COUNTY
STAFF OF CLERK'S OFFICE
CHRISTELRAASCH................................................ Assistant Clerk GWINNETT COUNTY
JANE C. MAYO .......................................................... Journal Clerk COBB COUNTY
BOBBIE JOHNSON ........................... Assistant Clerk for Enrolling GWINNETT COUNTY
BARBARA B. SMITH....... Assistant Clerk for Information Systems DOUGLASCOUNTY
CAROLYN PETTUS ............................ Assistant Clerk for Roll Call GWINNETT COUNTY
ARTHUR VINING....... Assistant Clerk for Printing & Distributing NEWTON COUNTY
MARYANNAMEEKS............................................... Calendar Clerk FULTON COUNTY
CICERO LUCUS...... Assistant Clerk for Administrative Assistance GWINNETT COUNTY

MONDAY, JANUARY 10, 2000

Representative Hall, Atlanta, Georgia Monday, January 10, 2000

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

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

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

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

Jackson, B Jackson, L James Jamieson Jenkins Jennings Joyce Kaye Lane Lewis Lord Maddox Mann Manning Martin, J Martin, J.L McBee McClinton Millar Mills Mobley Morris Mosley Mueller OTSTeal Orrock Parham Parrish Parsons Pelote Pinholster

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

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

The following members were off the floor of the House when the roll was called:
Representatives Lucas of the 124th, Alien of the 117th, Reed of the 52nd, Watson of the 70th, Heckstall of the 55th, Hanner of the 159th, Day of the 153rd, Ragas of the 64th, McKinney of the 51st, Jones of the 71st, Roberts of the 162nd and Connell of the 115th.
They wish to be recorded as present.
Due to a mechanical malfunction, the vote of Representatives Campbell of the 42nd, Squires of the 78th, Burkhalter of the 41st, Bohannon of the 139th and Hembree of the 98th were not recorded on the attendance roll call. They wish to be recorded as present.

JOURNAL OF THE HOUSE
House of Representatives Legislative Office Building, Room 509
Atlanta, Georgia 30334
February 27, 2000
Mr. Robert E. Rivers, Jr. Clerk, Georgia House of Representatives Georgia State Capitol Atlanta, GA 30334
Dear Mr. Rivers:
Please let it be known that I will occupy my seat for the 2000 legislative session beginning January 26, 2000.
This delay in attendance will allow me to recuperate following the birth of my first child, born on December 24th, 1999. During this time of absenteeism, I will keep up with legislative developments through the internet.
Sincerely, lal Sally R. Harrell
Sally Roettger Harrell House District 62
Prayer was offered by Dr. Alien Wilburn, Pastor, First Baptist Church of Buchanan, Buchanan, 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.
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:

MONDAY, JANUARY 10, 2000
HR 747. By Representative Snow of the 2nd: A resolution reprimanding the Representative from the 64th District.
Referred to the Committee on Rules.

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

HB 1063 HB 1064 HB 1065 HB 1066 HB 1067 HB 1068 HB 1069 HB 1070 HB 1071 HB 1072 HB 1073 HB 1074 HB 1075 HB 1076 HB 1077 HB 1078 HB 1079 HB 1080

HB 1082 HB 1083 HB 1084 HB 1086 HB 1087 HB 1088 HB 1089 HB 1090 HB 1091 HB 1092 HB 1093 HB 1094 HB 1095 HB 1096 HB 1097 HR 645 SB 160 SB 162

Pursuant to Rule 52, Representative West of the 101st moved that the following Bill of the House be engrossed:
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.

The motion prevailed.

Pursuant to Rule 52, Representative West of the 101st moved that the following Resolution of the House be engrossed:
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.

JOURNAL OF THE HOUSE

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

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

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

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

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

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

On the motion, the ayes were 52, nays 105.
The motion was lost.
Due to a mechanical malfunction, the vote of Representatives Bohannon of the 139th, Squires of the 78th, Heckstall of the 55th, Burkhalter of the 41st, Campbell of the 42nd and Hembree of the 98th were not recorded on the preceding roll call. They wished to be recorded as voting "nay" thereon.
Due to a mechanical malfunction, the vote of Representative Trense of the 44th was recorded as "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representative Wix of the 33rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, JANUARY 10, 2000

5

The following Resolutions of the House were read and adopted: HR 743. By Representative Walker of the 141st

A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.
HR 744. By Representative Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Roy E. Barnes, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Tuesday, January 11, 2000, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.
HR 745. By Representatives Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Roy E. Barnes, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 13, 2000, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.
HR 746. By Representative Walker of the 141st

A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Robert Benham, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Friday, January 14, 2000, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Benham.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Benham.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

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

MONDAY, JANUARY 10, 2000

7

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 384. By Senators Starr of the 44th, Walker of the 22nd and Johnson of the 1st: A resolution to notify the Governor that the General Assembly has convened.

The President appointed as a Committee of Notification the following: Senators Starr of the 44th, Walker of the 22nd, Johnson of the 1st, Meyer von Bremen of the 12th, Hill of the 4th, Gillis of the 20th and Dean of the 31st.
SR 385. By Senators Starr of the 44th, Walker of the 22nd and Johnson of the 1st: A resolution to notify the House of Representatives that the Senate has convened.
SR 387. By Senators Hooks of the 14th, Starr of the 44th and Walker of the 22nd: A resolution relative to adjournment.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 744. By Representative Walker of the 141st: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session.
The President has appointed as a Committee of Escort on the part of the Senate the following: Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd, Starr of the 44th, Walker of the 22nd, Burton of the 5th and Smith of the 25th.
HR 745. By Representative Walker of the 141st: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session.
The President has appointed as a Committee of Escort on the part of the Senate the following: Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Starr of the 44th, Walker of the 22nd, Jackson of the 50th, Madden of the 47th and Marable of the 52nd.

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HR 746. By Representative Walker of the 141st:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.

The following Resolution of the Senate was read and adopted:
SR 384. By Senators Starr of the 44th, Walker of the 22nd and Johnson of the 1st
A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.

The following communications were received:

State of Georgia Office of the Governor
Atlanta 30334-0900
MEMORANDUM
TO: Honorable Mark Taylor Honorable Thomas B. Murphy
FROM: Penny Brown Reynolds Executive Counsel
DATE: April 12, 1999
RE: Line Item Vetoes in House Bill 143

Please be advised that Governor Barnes has line item vetoed the following Sections in House Bill 143:
Section 7, Page 6, Pertaining to the Department of Community Affairs Section 7, Page 7, Pertaining to the Department of Community Affairs Section 39, Page 35, Pertaining to the Department of Administrative Services Section 44, Page 38, Pertaining to the Department of Medical Assistance Section 49, Page 39, Pertaining to the Department of Technical and Adult Education Section 50, Page 39, Pertaining to the Department of Transportation

MONDAY, JANUARY 10, 2000

9

Section 59, Page 42, Pertaining to federal funds
Section 60, Pertaining to the State of Georgia General Obligation Debt Fund for projects for the Department of Technical and Adult Education - see special veto message attached

The veto messages are attached for each item referenced above.
PBR:pr Attachments

cc: Honorable Frank Eldridge, Secretary of the Senate Honorable Robert E. Rivers, Jr., Clerk, House of Representatives Honorable Sewell R. Brumby, Legislative Counsel Honorable Thubert E. Baker, Attorney General Honorable Cathy Cox, Secretary of State

Governor's Vetoes In House Bill 143
Section 7, pertaining to the Department of Community Affairs, page 6, line 266:
The increase of $600,000 in Contracts for Regional Planning and Development was requested by Regional Development Centers (RDCs) for operations in the area of economic development. The RDCs wanted these funds to increase their economic development presence in the regions. The $600,000 is to be allocated equally among RDCs that conform to the new state regional boundaries. Eleven regions are expected to each receive $54,500. An additional $55,000 is included in the Per Diem, Fees and Contracts line item for one RDC with a satellite office that does not conform.
The purpose of these funds is not clear and the funds will not be distributed on a performance basis. Funds might be used to hire new staff for economic development, to work on specific economic development projects, or to increase current economic development efforts. By providing these funds to RDCs in this manner, the state would be paying for an unidentified program with no implementation plan or measures of success of measures or performance. The state may also be providing funds to RDCs that duplicate the work of the state funded regional development offices staffed by the Department of Community Affairs and the Department of Industry, Trade and Tourism.
Finally, Senate Resolution 184 was approved by the General Assembly and would establish a joint study committee on RDCs and Metropolitan Area Planning and Development Commissions. Six members of the Senate and six members of the House would study the conditions, needs, issues, and problems related to RDCs and would make recommendations. Accountability and performance are also among the topics to be discussed. It would seem appropriate to wait for the findings of this committee before increasing the funding for the state's RDCs.

Section 7, pertaining to the Department of Community Affairs, page 7, line 275:
In the F.Y. 1999 Budget, $1,000,000 was appropriated to the Department of Community Affairs (DCA) to assist counties and Regional Development Centers in conforming to the 12 new state service delivery regions. RDC and local government activity to conform to the regions has been slow and $247,250 would lapse if it were not shifted to another purpose. In the F.Y. 1999 Amended Budget, the Legislature transferred $247,250 that

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remained from the $1,000,000 into a line item in DCA called Downtown Redevelopment Loan Program. However, DCA has funds for the program in F.Y. 2000 and there is limited need to initiate the program in F.Y. 1999.
The full appropriation of $247,250 was scheduled by DCA to be loaned to the City of Waynesboro for a project in its downtown. This exceeds the DCA maximum loan amount of $200,000, which can be waived at the discretion of the DCA Commissioner. It is inappropriate to begin this loan program with the first appropriation going to one city and exceeding the funding limits just established.
This program is authorized and will begin next fiscal year. In the F.Y. 2000 Budget, the Governor recommended and the Legislature approved the expanded use of $2,000,000 located in the Export Assistance Loan Program for a new Downtown Redevelopment Loan Program. The purpose of the fund to provide low interest loans to non-entitlement communities for revitalization projects in downtown commercial districts is a good one for small towns, but it should be competitive. An application period should be established and then the best loan projects selected.
Section 39, pertaining to the Department of Administrative Services, page 35, lines 1608 through 1610:
This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800 mega hertz system. We now believe that a limited number of communication equipment purchases need to be made for security and safety reasons that may not be compatible with an 800 mega hertz system. The Office of Planning and Budget has issued policy guidelines relative to communications equipment purchases that will address budgetary approval and technical review requirements. This language has been vetoed previously.
Section 44, pertaining to the Department of Medical Assistance, page 38, lines 1701 through 1702:
This language states that Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness. The inclusion of the proposed language would compromise the department's ability to effectively and efficiently manage the use of pharmaceuticals by Medicaid recipients. The department already utilizes a prior authorization system that is based on the individual patient's clinical and medical criteria.
In addition, the language establishes an unnecessary intrusion into the day to day operation of an executive branch agency by the legislature. Specific benefits and service limitations are determined by agency Board review and amendments to the state plan. This language has been voted previously.
Section 44, pertaining to the Department of Medical Assistance, page 38, lines 1705 through 1706:
This language states that it is the intent of the General Assembly that the Department of Medical Assistance develop an acuity based payment system for nursing homes. This language is unnecessary since the department currently has existing authority to develop an acuity based payment system. In addition, the department has been analyzing the feasibility of developing such a system, contingent upon available resources. This language has been vetoed previously.
Section 49, pertaining to the Department of Technical and Adult Education, page 39, lines 1746 through 1747:

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This language provides authorization for the conversion of Atlanta and Savannah Area Technical Institutes to State operated institutions. The language is no longer needed since the official conversion of Atlanta Tech and Savannah Tech to state management has already occurred. This language has been vetoed previously.

Section 50, pertaining to the Department of Transportation, page 39, lines 1772 through 1776:

This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendations to the General Assembly or in the annual Appropriations Act. Therefore, this language is unnecessary. This language has been vetoed previously.

Section 59, pertaining to federal funds, page 42, lines 1871 through 1875:

This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously.

Section 60, pertaining to the State of Georgia General Obligation Debt Sinking Fund for projects for the Department of Technical and Adult Education - see special veto message attached.

DEPARTMENT OF TECHNICAL AND ADULT EDUCATION:

The Department of Technical and Adult Education (DTAE) is one of the most important in state government. It will be an emphasis of this administration to improve and expand the reach of technical schools in providing a trained work force to meet the modern demand of industry for the technology based workers necessary for a growing and prosperous Georgia. However, this growth must be planned growth, and its management must adhere to good business practices.

DTAE establishes a capital outlay list in which it recommends to the Governor and General Assembly, in priority order, new construction. Additionally, DTAE creates a renovation priority list in which major renovations and retrofitting of existing facilities also are placed in priority order. Each of these lists is attached to this message so as to better understand the action which is taken in regard to the capital outlay and renovation appropriations.

During my review of the budget, I became convinced that a more thorough and orderly capital planning process was needed by DTAE. In a desire to improve and strengthen the capital planning process, I included in my budget recommendation $175,000 for this purpose. I believe as little as possible of a capital nature should be done before there is a completed review and revision of this process. In preparing for this new process I included $405,000 in my proposed budget to pre-design top priority capital budgets, but the General Assembly deleted this funding. The Appropriation Committee's own study committee report on Capital Outlay and Construction strongly

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suggests that "agencies perform significant work in pre-planning for projects in order that the General Assembly can be confident that a proposed construction project fits into the state strategic plan and is otherwise well thought out." (p. 7 emphasis supplied)
With the foregoing thoughts in mind, the General Assembly in the Amended Appropriations Act funded the following amounts.
1. $6,615,000 for critical repairs on technical institutions.
2. $3,970,000 in renovation projects at DeKalb Tech, Pickens Tech and Columbus Tech.
3. $3,084,000 for planning and design for facilities at Atlanta Tech, Griffin Tech, Macon Tech, Moultrie Tech, Flint River Tech, the Tift Area Satellite, Albany Tech, Athens Tech, Augusta Tech and Savannah Tech. $6,000 was also included for a master plan at Dekalb Tech even though it was estimated that the services would cost $75,000.
In the funding which is described in this paragraph, Priority Nos. 1-5; 7-8; 18; 23; and 24 were funded for design. Priority No. 6 was funded for construction as the design had been completed. Priority no. 10, Carroll Tech was funded through construction. No reason was given by the General Assembly to overlook Priority No. 9; 11-17 and 19-22. The Tift Area Satellite is not on any priority list.
4. $3,570,000 was funded for the construction of a new building at Altamaha Tech, which as stated above is Priority No. 6.
5. $23,780,000 was funded for construction of a new campus at Carroll Tech, which is No. 10 on the Priority List.
6. $2,465,000 was funded for renovation at Coosa Valley Tech.
7. $2,200,000 was funded for an economic development building at the Polk County Satellite of Coosa Valley Tech. The Polk County Satellite is not yet open and the Economic Development Building described in this paragraph is not on any priority list.
8. $1,500,000 was funded for adult learning centers in Randolph, Liberty and Telfair Counties. These adult learning centers are not on any priority list.
It can be seen that there was a total of $47,184,000 in design, construction and repairs funded in the Amended Budget. If buildings were constructed as a result of the design funds as described above, new construction of over $93,000,000 would be required in the next budget cycle. Apparently, no estimate of the recurring cost to operate these facilities has been considered. Since I will recommend that the Education Reform Study Commission consider a move toward formula funding of technical schools, it is important that the demand for new facilities be critically assessed not only with regard to up from capital expenditures, but also with regard to life time operating expenses.
For several years, the General Assembly has prepared for the use of its members and the public what is commonly referred to as a Comparative Summary or "tracking document". The tracking document is one illustration of the intent of the General Assembly as to the expenditure of such funds, but the actual appropriations act accompanying that document does not contain any language earmarking such funds for specific purposes or projects. For example, Item No. 13, page 52, of the tracking document, states that certain funds were appropriated "to authorize $3,970,000 in 20-year bonds to

MONDAY, JANUARY 10, 2000

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fund major renovation projects at DeKalb Tech, Pickens Tech and Columbus Tech." On page 43 of HB 143, the Amended Appropriations Act, the actual appropriating language states as follows:
From the appropriation designated "State General Funds (new)", $341,420 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult and Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,970,000 in principal amount of General Obligation Debt, the instruments of which shall mature in not in excess of two hundred and forty months.
Funds for each of the appropriations listed above are identified by similar language in the Amended Appropriations Act, and none of the language in the actual appropriation in the Amended Appropriations Act directs expenditure of such funds for the specific projects or purposes set forth in the tracking document.
In seeking to bring order and predictability to this situation and create a procedure for the capital expenditures for technical schools, the Governor has two tools at his disposal: the line item veto or appropriations and his authority as director of the budget.
The line item veto of the Governor as it applies to the appropriations act is found at Article III, Section V, Paragraph Xlll(e) of the 1983 Constitution of Georgia which reads as follows:
The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.
This provision has been in the Constitution of the State of Georgia since 1861. It is firmly established and the use of it by previous Governors is without dispute. The line item veto serves two purposes. First, it prevents "log-rolling", i.e., the loading of good appropriations with dubious projects so as to force the Governor to sign the entire appropriations bill or to bring the operations of the State to a halt. The second purpose is to place strict control of public funds in the hands of the executive. See 1973 Opinions of the Attorney General, U 73-94. I therefore conclude that I clearly have the power to exercise a line item veto in regard to appropriations that I deem to be inadvisable.
Additionally, the Governor has the duty as Director of the Budget to see that public funds are expended in a prudent and business-like fashion. O.C.G.A. 45-12-72(b)states in relevant part as follows:
The Governor, through the Office of Planning and Budget, shall have such supervision of every public department, agency and institution as shall be necessary ... [for the] efficient conduct of its fiscal affairs.
Additionally, through the control of what is termed in the Budget Act as a budget allotment, the Governor must determine the prudent expenditure of the funds generally appropriated to each state department. Budget allotment is defined as a "process of authorizing the withdrawal of the state funds from the treasury based on a determination that the budget allotment request is consistent with an approved work program." O.C.G.A. 45-12-71(5).
O.C.G.A. 45-12-83 states in relevant part as follows:

14

JOURNAL OF THE HOUSE

No funds may be made available for expenditure for any budget unit, other than the units of the legislative branch and the judicial branch until such budget unit has filed a request for allotment of appropriations with the Office of Planning and Budget and the request for allotment has been approved by the Governor. _ (emphasis supplied)
Finally, O.C.G.A. 45-12-85(b) states in relevant part as follows:
The Governor, through the Office of Planning and Budget shall seek to effect economy, efficiency, decentralization of state government, and sound fiscal management in reviewing budget allotment requests and may make such changes to budget allotment requests to meet these goals and objectives and which are consistent with and subject to the method and provisions contained in the General Appropriations Act... (emphasis supplied)
Therefore, where funds are not specifically appropriated for a particular and identified purpose in the Appropriations Act, the Governor through the control of the budget allotment process has the duty to direct the expenditure of such funds for the general purposes stated in the Appropriations Act.
This brings us to the question as to what effect, if any, the intent language of the General Assembly as contained in the tracking document has on the Governor's authority and duty to control the fiscal affairs of the State.
The tracking document illustrates the intent of the General Assembly in appropriating the funds, but it is not a binding expression of legislative intent. The Governor should undertake the due consideration of the intent of the General Assembly, but because the language in the tracking document is not contained in a specific appropriation line item of the Appropriations Act, he is not bound thereby and indeed, O.C.G.A. 45-1285(b) requires that the Governor exercise such consideration not with reference to the tracking document, but specifically with reference to "the General Appropriation Act." The General Assembly always has the power to appropriate for a specific purpose in a line item appropriation. Under such circumstances, the Governor can exercise his authority to line item veto or approve such appropriation. See 1973 Opinions of the Attorney General, 73-132. What the General Assembly cannot do is to control the purpose of an appropriation without placing a line item stating that purpose in the appropriation act. As stated by the Attorney General in 1974 Opinions of the Attorney General, U 7436, p. 386-387, "the overriding theory underlying the constitutional grant of the appropriations veto power is inconsistent with the theory that by the tactical device of a particular form, an amendment to an existing appropriation, whether increasing or decreasing it, is shielded by the constitutionally expected determination by the Governor of whether the amendment is sound." In fact, this exact issue has been opined upon in an official opinion of the Attorney General found at 1993 Opinions of the Attorney General, 93-19. In that opinion the Attorney General stated as follows:
The Comparative Summary is prepared by employees of the legislative branch as a means of "tracking" appropriations during the session of the General Assembly. The summary does not have the force of law and is not a binding expression of legislative intent... To restrict grant program eligibility to recipients listed in a housekeeping document of the legislative branch, without any further and independent determination of basis by DCA, would violate the "separation of powers" doctrine of the Georgia Constitution...
In exercising this duty, I will always be mindful of such expressions of the will of the General Assembly and seek to carry out their intent where it does not conflict with established state policy or good business practices.

MONDAY, JANUARY 10, 2000

15

Based upon the foregoing discussion and seeking to enforce an orderly expenditure of capital expenditure funds within DTAE which expenditures follow an approved priority list as established by the department, I take the following actions:
1. In regard to the appropriation of $6,615,000 for critical repairs on technical institutions, I APPROVE such appropriation.
2. In regard to the appropriation of $3,970,000 for renovation projects at DeKalb Tech, Pickens Tech and Columbus Tech, I APPROVE such appropriation, but direct that the Office of Planning and Budget coordinate the preparation of a resolution by the Department of Technical and Adult Education that allocates these funds in accordance with the attached renovation priority list, regardless of the language in the tracking document or the Budget Report. Upon certification to me by the Office of Planning and Budget that this has been properly completed, I will recommend to the Georgia State Financing and Investment Commission that the bonds be issued. Otherwise I will not so recommend.
3. In regard to the $3,084,000 appropriation for planning and design for facilities at Atlanta Tech, Griffin Tech, Macon Tech, Moultrie Tech, Flint River Tech, Tift Area Satellite, Albany Tech, Athens Tech, Augusta Tech, and Savannah Tech and the $6,000 for the master plan at DeKalb Tech, I APPROVE such appropriation. I direct the Office of Planning and Budget, however, to coordinate the preparation of a resolution by the Department of Technical and Adult Education allocating these funds in accordance with the attached priority list regardless of the language in the tracking document. Since the Tift Area Satellite is not on any priority list, I direct that no allocation be made for such capital expenditure. Upon certification to me by the Office of Planning and Budget that this has been properly completed, I will recommend to the Georgia state Financing and Investment Commission that these bonds be issued, otherwise I will not so recommend.
4. In regard to the appropriation for the $3,570,000 for construction at Altamaha Tech, since this is contained in the current priority list and has been designed, I APPROVE such appropriation.
5. In regard to the $23,780,000 appropriation for construction of a new campus for Carroll Tech, since this facility is No. 10 on the priority list and since by the actions I take herein the other priorities will be funded in order either in construction or planning and design, I APPROVE such appropriation.
6. In regard to the $2,465,000 for renovation at Coosa Valley Tech, I APPROVE such appropriation as the same is No. 3 on the approved renovation priority list. I note, however, that the cost of this renovation is $63.00 per square foot. I direct that the Office of Planning and Budget determine whether it is more economically feasible for the construction of a new building rather that the renovation of an existing building. Upon completion of this review and consideration of its findings, I will determine whether or not it is appropriate for me, as chairman of the Georgia State Finance and Investment Commission, to recommend that these bonds be issued.
7. In regard to the $2,200,000 appropriation for an economic development building at the Polk County Satellite found on page 49, lines 2157-2163, since this project is not on any priority list, I VETO such appropriation.
8. In regard to the $1,500,000 appropriation for the adult learning centers in Randolph, Liberty and Telfair Counties found on page 47, line 2112-2118, since these projects are not on any priority list, I VETO such appropriation.

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In the future, I intend to follow the above described procedure as to the funding of capital expenditures within DTAE on a priority list basis and to require pre-design, planning and design. I am willing to discuss with the General Assembly a method in setting priorities for capital outlay, but until such process is complete, I will follow the priority list as set by DTAE.
No department head should commit funds that are appropriated but whose purpose is listed solely in the tracking document until they have discussed the matter with the Office of Planning and Budget and a determination has been made that the intent in the tracking document is consistent with the established policy and good business practices as required by law.
This 12th day of April, 1999.
/s/ Roy E. Barnes Governor

DEPARTMENT OF TECHNICAL AND ADULT EDUCATION New Construction

Technical Institute In DTAE priority order

Project Description

Request

HB 143 Amount

1. Griffin 2. Atlanta 3. Moultrie 4. Albany
5. Savannah
6. Altamaha 7. Macon
8. Augusta
9. Southeastern 10. Carroll
11. Swainsboro 12. Ogeechee
13. Sandersville
14. East Central 15. Pickens 16. Coosa Valley 17. Northwestern
18. Athens 19. North Georgia 20. Thomas 21. Valdosta 22. Heart of

Multipurpose Building Multipurpose Building Campus Extension Building H-for computer-
related instruction Occupational Technology
Building Technology Center Human Resources/Information
Technology/Child Care Building Classroom & Student
Services Building Allied Health Building Classroom/Student
Services Building Technology Center Agribusiness & General
Education Classroom Building Jefferson County Technical
Education Center Child Development Center Collaborative Learning Center Health Occupations Building Center for Manufacturing
Excellence Business/Technology Building Transportation Center Classroom Building Multipurpose Building Office Technology

9,414,290 6,764,290 15,291,818 7,143,463

377,000 271,000 612,000 286,000

7,250,277

290,000

3,572,962 3,570,000 8,967,150 360,000

8,642,857

325,000

4,344,540

0

8,677,040 23,780,350

3,419,500

0

6,515,790

0

1,465,438

0

1,115,357

0

4,645,426

0

4,702,200

0

3,486,264

0

5,850,415 5,881,603 7,938,362 5,044,230 4,349,540

290,000 0 0 0 0

Georgia 23. Flint River
24. DeKalb 25. Macon
26. DeKalb
27. Macon

MONDAY, JANUARY 10, 2000
Building Workforce Development
Center, Crawford County Campus Master Plan Administration Building
Addition South Parking Lot, Clarkston Campus Warehouse & Central Supply Building

1,465,438
150,000 1,234,995
396,900
324,000

17
55,000 6,000 0
0 0

Not on priority list

Coosa Valley
Moultrie
Telfair County Randolph County Liberty County

Polk County Satellite: Economic Development Center
Tift Area Satellite: Expansion Space
Adult Learning Center Adult Learning Center Adult Learning
Center Total

0 2,200,000

0 212,000

500,000 500,000

0

500,000

138,054,145 34,134,350

DEPARTMENT OF TECHNICAL AND ADULT EDUCATION Major Renovations

Technical Institute InDTAE priority order

Project Description

Request

HB 143 Amount

1. DeKalb 2. Columbus 3. Coosa Valley 4. Middle Georgia
5. North Metro 6. Pickens 7. Lanier

Renovate 4 buildings Re-roof and replace
carpet in North Building Renovate 3 wings
of Rome campus. Retrofit Warner Robins
campus for Economic Development & Adult Literacy Center. Renovate Economic Development Phase 2 of HVAC renovation Renovate Building 100 classrooms & offices Total

4,406,400 749,829
2,462,400 453,600
610,800 1,036,800
646,800
10,366,629

2,183,371 749,829
2,465,000 0
0 1,036,800
0
6,435,000

State of Georgia Office of the Governor
Atlanta 30334-0900
MEMORANDUM
TO: The Honorable Mark Taylor The Honorable Thomas B. Murphy

18

JOURNAL OF THE HOUSE

FROM: Penny Brown Reynolds Executive Counsel
DATE: May 3, 1999
RE: Line Item Vetoes in House Bill 144

Please be advised that Governor Barnes has line item vetoed the following Sections in House Bill 144:
Section 39, Page 35, Pertaining to the Department of Administrative Services
Section 40, Page 59, Pertaining to the Department of Community Affairs
Section 49, Page 62, Pertaining to the Department of Transportation
Section 58, Page 65, Pertaining to Federal Funds
Page 7, Line 274, Pertaining to the Local Development Fund
Page 7, Line 282, Pertaining to the Department of Community Affairs
The veto messages are attached for each item referenced above.
PBR:kc Attachments
cc: Honorable Frank Eldridge, Secretary of the Senate Honorable Robert E. Rivers, Jr., Clerk, House of Representatives Honorable Sewell R. Brumby, Legislative Counsel Honorable Thubert E. Baker, Attorney General Honorable Cathy Cox, Secretary of State
Governor's Vetoes in House Bill 144

Section 39, pertaining to the Department of Administrative Services, page 35, lines 1614 through 1616;
This language was approved in the 1996 session of the General Assembly to control the purchase of communications equipment that was not compatible with an 800 mega hertz system. We now believe that a limited number of communication equipment purchases need to be made for security and safety reasons that may not be compatible with an 800 mega hertz system. The Office of Planning and Budget has issued policy guidelines relative to communications equipment purchases that will address budgetary approval and technical review requirements. This language has been vetoed previously.
Section 40, pertaining to the Department of Community Affairs, page 59, lines 2684 through 2692:

MONDAY, JANUARY 10, 2000

19

This language is designed to allow a change in Local Assistance Grants recipients and purposes if a grant identifies the wrong recipient or an ineligible purpose. The need for this language is necessitated by the fact that the General Assembly, most likely due to time constraints, is limited in screening these grants for accuracy and legality before
listing them in the budget. The effect of vetoing this language will be that the intent and purpose for which these funds are appropriated will have to be corrected in the Amended Budget. I think this is a more appropriate way to handle this issue.

Section 49, pertaining to the Department of Transportation, page 62, lines 2800 through 2804:

This language authorizes the Department to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law. All executive branch agencies are legally authorized to amend their budgets and transfer positions between budget functions when a properly drawn amendment to the annual operating budget has been approved by the Office of Planning and Budget. In addition, the number of positions in each budget function is not specified in the Governor's budget recommendation to the General Assembly or in the annual Appropriations Act. Therefore, this language is unnecessary. This language has been vetoed previously.

Section 58, pertaining to Federal Funds, page 65, lines 2899 through 2903:

This language essentially provides a pool of federal money to be available only to supplant state funds. It prohibits an amendment of federal funds above the amount appropriated in the Appropriations Act for purposes other than to supplant state appropriations for the pertinent programs. This language limits the state's ability to accept additional federal funds as they become available throughout the fiscal year. This language has been vetoed previously.

There are two items contained in the budget of the Department of Community Affairs that require some adjustment although not an outright veto. Because the programs are beneficial to the state and because I do not wish to completely veto the item, I have decided to veto a portion of the appropriation and retain the balance.

On page 7, line 274 of HB 144, there is an appropriation in the amount of $650,000 for "Local Development Fund". In the department's redirection request and in my recommendations to the General Assembly, the amount of funding for the Local Development Fund was reduced by $32,500 from $650,000 to $617,500. That reduction was sustained through the House, Senate and Conference Committee versions of the appropriations bill. However, the "as passed" version of HB 144 shows the line item for the Local Development Fund at $650,000 reversing the reduction that was agreed to throughout the process. Thus, a change was made in the appropriations bill with no reference shown in the tracking document and no discussion by the conference committee. There was no opportunity for debate or discussion on reversing a reduction that I proposed and the House and Senate agreed to in their versions of the bill.

Likewise, on page 7, line 282, of HB 144, pertaining to the Department of Community Affairs there is an amount appropriated for "Regional Economic Development Grants" in the amount of $1,187,500. In the department's redirection request and in my recommendations to the General Assembly, the amount of funding for the Regional Economic Development Grants was reduced by $59,375 from $1,187,500 to $1,128,125. That reduction was sustained through the House, Senate and Conference Committee versions of the appropriations bill. However, the "as passed" version of HB 144 shows the line item for the Regional Economic Development Grants at $1,187,500 reversing the reduction that was agreed to throughout the process. Thus, a change was made in the appropria-

20

JOURNAL OF THE HOUSE

tions bill with no reference shown in the tracking document and no discussion by the conference committee. There was no opportunity for debate or discussion on reversing a reduction I proposed and the House and Senate agreed to in their versions of the bill.
The question arises as to whether the Governor can veto a partial amount in an appropriation while allowing the balance of the funds to be spent. Since both of the programs described above are desirable ones for the State of Georgia, I have decided that under the constitutional provisions and discussion to be contained herein that I have the power to partially veto an amount in an appropriation.
Ga. Const., Art. Ill, 5, fl3(e), states as follows:
The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such a veto is overridden in the manner herein provided.
This constitutional provision by its very nature allows a Governor to exercise a veto to a portion of an amount appropriated. This necessarily follows as the right to exercise the whole power must by its very nature include the parts that make up the whole. The Supreme Court of Pennsylvania in considering a very similar provision in the Pennsylvania Constitution found that the Governor did have the power to veto a portion of an amount appropriated. 1
In the case of Commonwealth ex rel. Attorney Gen. v. Barnett, 48 A. 976 (Pa. 1901), the Supreme Court of Pennsylvania examined the exact issue regarding partial vetoes. In finding that the Governor possessed the power of partial veto, the Supreme Court of Pennsylvania stated as follows:
[E]very appropriation, though it be for a single purpose necessarily presents two considerations almost equally material, namely, the subject and the amount. The subject may be approved on its merits, and yet the amount disapproved, as out of the proportion to the requirements of the case, or as beyond the prudent use of the [S]tate's income. The legislature had full control of the appropriation in both its aspects and the plain intent of [Section 16] was to give the governor the same control, as to disapproval, over each subject and each amount. A contrary construction would destroy the usefulness of the constitutional provision. If the legislature, by putting purpose, subject, and amount inseparable together, and calling them an "item" can coerce the governor to approve the whole or none, then the old evil is revived which [section 16] was intended to destroy... [The governor] was entitled to approve as to the object, and to disapprove as to a portion of the amount. That is what he has done in the present case, and his action was within his constitutional powers.
48 A. at 978 (emphasis added).

1 The provision in the Pennsylvania Constitution granted to the Governor the "power to disapprove any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts of the bill approved shall be the law and the item or items of the appropriation disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto."

MONDAY, JANUARY 10, 2000

21

This issue has never been directly decided by the courts in Georgia, but the Attorney General has opined that a governor may exercise his right to veto in an amended appropriations bill so as to reduce the amount to the General appropriation level, and that such action is clearly within his power as Governor. See Opinions of Attorney General, U73-94 and U74-36.

Based upon the above and wishing to preserve the appropriation for the Local Development Fund and for Regional Economic Development Grants, in regard to page 7, line 274 pertaining to the Department of Community Affairs, I hereby APPROVE the appropriation in the amount of $617,500 and VETO any amounts above the said $617,500. Specifically, I VETO the amount of $32,500 from the total amount appropriated. In regard to page 7, line 282, pertaining to the Department of Community Affairs, in regard to Regional Economic Development Grants, I APPROVE the appropriation in the amount of $1,128,125 and VETO any amount above said sum, specifically, I VETO the amount of $59,375 from the total amount appropriated.

This 3rd day of May, 1999

Isi Roy E. Barnes GOVERNOR

State Of Georgia Office of the Governor
Atlanta 30334-0900 May 3, 1999
Honorable Thomas B. Murphy Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 6, 407, 547, 677 and 991 which were passed by the General Assembly of Georgia at the 1999 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their vetoes are attached.
Sincerely, Isl Roy E. Barnes
REB/rsk
Attachments cc: Honorable Mark Taylor, Lieutenant Governor
Honorable Robert E. Rivers, Jr., Clerk, House of Representatives
Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Thubert E. Baker, Attorney General Honorable Cathy Cox, Secretary of State

22

JOURNAL OF THE HOUSE

Veto Number 1
This bill changes the compensation for the Clerk and the Chief Deputy Clerk of the State Court of Cobb County. After the bill was introduced, a mistake was found in the effective date. At the request of the author, I hereby veto House Bill 547.

Veto Number 2
This bill changes the compensation of the chairperson of the Board of Commissioners of Pierce County. After the bill was introduced, an error was discovered. At the request of the author, I hereby veto House Bill 991.

Veto Number 4
This bill provides for grievance procedures for state employees, including the institution of procedure for the grievance of annual salary increases which are subject of Georgia Gain. Many of our state departments object to this legislation on the basis that the grievance procedures, particularly with respect to pay increases, will negate the positive effects which the state is experiencing from the institution of Georgia Gain.
While I feel that it is important to establish grievance procedures, those procedures should not include the opportunity to engage in lengthy contests, at considerable cost in agency and personnel time, to dispute pay raise decisions which are based upon the Georgia Gain principle of rewarding productivity and achievement rather than simple longevity in a position.
Accordingly, while I am vetoing this measure, I have issued an executive order requiring state departments to prepare and submit to me internal grievance procedures with respect to employees covered by Georgia Gain. For these reasons, I hereby veto House Bill Number 677.

Veto Number 5
This bill would require judges making custody determinations to consider the desires of children ages 12 and 13 as to the custodial parent. Present law permits the judge discretion to do so, but does not require the court to interview the child where the court feels that the best interests of a particular child would be better served by not requiring the child to fact such a potentially traumatic choice. I believe that the decision as to which children of these tender years are appropriately exposed to such potentially disturbing dilemmas is best left in the discretion of the judge overseeing the proceedings. For these reasons, I hereby veto House Bill Number 407.

Veto Number 6
This bill exempts the so-called "Roth IRA" from garnishment under Georgia law until such time as the monies therein are paid or otherwise transferred to the beneficiary. This bill attempts to address potential concerns that such accounts are preempted by federal law from garnishment under the law of this state, but the courts of this state have not ruled on that issue. Accordingly, as attempts to restrict assets reachable in garnishment threaten the legitimate and well-recognized public policy of causing debtors to be responsible to their creditors, a policy reflected in our extensive garnishment statutes, it is preferable that this issue await definitive resolution in the courts. For these reasons, I hereby veto House Bill Number 6.

MONDAY, JANUARY 10, 2000

23

State Of Georgia Office of the Governor
Atlanta 30334-0900 May 3, 1999
Honorable Mark Taylor Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor:
I have vetoed Senate Bill 72 which was passed by the General Assembly of Georgia at the 1999 Regular Session.
Article III, Section V, Paragraph XIII of the Georgia Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bill and corresponding reason for its veto is attached.
Sincerely, /s/ Roy E. Barnes
REB/rsk
Attachments cc: Honorable Thomas B. Murphy, Speaker of the
House of Representatives Honorable Robert E. Rivers, Jr., Clerk,
House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Thubert E. Baker, Attorney General Honorable Cathy Cox, Secretary of State
Veto Number 3
This bill is a compilation of nine separate education bills that were put together in the last hours of the legislative session. While there are strong points to the bill, there are also some portions with good potential that require further consideration as to how they would impact education and the schools. Additionally, there are budgetary costs and priority-setting budgetary issues that need further attention before a commitment is implied through passage and signing of this bill.
It is my intention to have the principal issues addressed in SB 72 included as part of the work of the Governor's Education Reform Study Commission, which has been created by the General Assembly at my request for the express purpose of considering some of these very same issues. To assist in this endeavor, it is also my intention to ask several key education leaders of the House and Senate, who are also authors of portions of SB 72, to serve on this Commission. For these reasons, I hereby veto Senate Bill 72.
THE STATE OF GEORGIA EXECUTIVE ORDER

24

JOURNAL OF THE HOUSE

BY THE GOVERNOR:
WHEREAS: 1996 Ga. Laws, page 684, Act 816, is intended to promote the overall effectiveness and efficiency of state government by allowing state agencies greater flexibility in personnel management through the decentralization of responsibility and authority for personnel management to those agencies; simplification of personnel management processes, including classification, hiring and termination of employees; and the reduction of paperwork; and
WHEREAS: It is the policy of the State of Georgia to maintain a standard of personnel administration which assures fair and equitable treatment of employees in all aspects of personnel administration; and
WHEREAS: It is in the public interest to ensure consistent treatment of state employees across all executive branch agencies with respect to employee opportunity to address non-disciplinary employment concerns; and
WHEREAS: The Georgia General Assembly has expressed its desire that executive branch agencies provide a grievance procedure to employees in the unclassified service of the State Merit System;
NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY
ORDERED: That the State Merit System shall convene a group of all executive branch agencies for the purpose of developing a consistent process for resolution of non-disciplinary employment concerns for employees in the unclassified service. Such process shall be developed by September 30, 1999 and shall be made available by each agency to all employees in the unclassified service.
This 3rd day of May, 1999.
Is/ Roy E Barnes GOVERNOR
ATTEST: Is/ Robert S. Kahn
EXECUTIVE SECRETARY
House of Representatives Atlanta, Georgia 30334
July 21, 1999
Honorable Roy Barnes Governor State of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Barnes:
I do hereby submit my resignation as a member of the Georgia General Assembly effective at 9:00 A.M., July 21, 1999. I do this with mixed emotions, but I must move on to full-fill one of my life long ambitions.

MONDAY, JANUARY 10, 2000

25

Thank you for the confidence that you have shown in me and rest assured that I will uphold this confidence.
Yours truly, 1st Billy
William C. Randall
WCR/jg
cc: Honorable Tom Murphy, Speaker of the House Honorable Robert Rivers, Clerk of the House of Representatives

House of Representatives Atlanta
August 26, 1999
Honorable Tom Bordeaux Representative, District 151 126 East Liberty Street Savannah, Georgia 31401
Dear Tom:
Pursuant to your request, I am this date appointing you to the House Special Rules (Policy) Committee.
With kind personal regards, I am

TBM:bdg
Cc: Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby Mr. Frank Eldridge House Information House Research

Sincerely, 1st Thomas B. Murphy
Speaker

Honorable Joe Heckstall Representative, District 55 2713 Briarwood Boulevard East Point, Georgia 30344
Dear Joe:

House of Representatives Atlanta
August 26, 1999

26

JOURNAL OF THE HOUSE

I am this date appointing you as Secretary of the House Special Judiciary Committee.
With kind personal regards, I am

TBM:bdg
Cc: Hon. Curtis Jenkins Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby Mr. Frank Eldridge House Information House Research

Sincerely, Isi Thomas B. Murphy
Speaker

House of Representatives Atlanta
August 26, 1999
Honorable Barbara Mobley Representative, District 69 P.O. Box 371442 Decatur, Georgia 30037-1442
Dear Barbara:
I am this date appointing you as Vice-Chair of the House Special Judiciary Committee.
With kind regards, I am

TBM:bdg
Cc: Hon. Curtis Jenkins Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby Mr. Frank Eldridge House Information House Research

Sincerely, Isi Thomas B. Murphy
Speaker

MONDAY, JANUARY 10, 2000

27

House of Representatives Atlanta
August 26, 1999
Honorable Curtis Jenkins Representative, District 110 Post Office Box 634 Forsyth, Georgia 31029
Dear Curtis:
Pursuant to your request, I am this date appointing you Chair of the House Special Judiciary Committee.
Congratulations! I know you will do a great job. With kind personal regards, I am

TBM:bdg
Cc: Mr. Paul Lynch Mr. Robby Rivers Mr. Sewell Brumby Mr. Frank Eldridge House Information House Research

Sincerely, Isi Thomas B. Murphy
Speaker

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King, Jr. Drive, S.E. Atlanta, Georgia 30334-1505
November 3, 1999
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the November 2, 1999, Special Election for the Office of State Representative in the General Assembly of Georgia from District 127, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, 1st Cathy Cox
Secretary of State

28

JOURNAL OF THE HOUSE

CC:LWB:bt Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Cathy Cox, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 2nd day of November, 1999, in District 127 of the State House of Representatives in Bibb County, to fill the vacancy existing due to the resignation of the Honorable William C. Randall, show the following results:
Jerome Collins 1423 Nikki Randall -2027
Having received a majority of the votes cast, Nikki Randall was duly elected to this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 3rd day of November, in the year of our Lord One Thousand Nine Hundred and Ninety Nine, and of the Independence of the United States of America the Two Hundred and Twenty-fourth.

(SEAL)

/s/ Cathy Cox Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Nikki T. Randall State Representative
Sworn to and subscribed before me, this 10th day of Nov, 1999.
/s/ Walker P. Johnson, Jr. Judge,

MONDAY, JANUARY 10, 2000

29

House of Representatives Atlanta
November 10, 1999
Honorable Nikki Randall Representative, District 127 Post Office Box 121 Macon, Georgia 31202
Dear Rep. Randall:
Pursuant to your request, I am this date appointing you to the following committees:
Health & Ecology Special Judiciary State Planning & Community Affairs
Congratulations on your election and welcome to the Georgia House of Representatives.
With kind regards, I am

TBM:bdg
Hon. Buddy Childers Hon. Curtis Jenkins Hon. Richard Royal Mr. Paul Lynch Mr. Robby Rivers Mr. Frank Eldridge House Information House Research

Sincerely, /s/ Thomas B. Murphy
Speaker

Office of Legislative Counsel 316 State Capitol Atlanta, Ga 30334 January 3, 2000
TO: Members of the General Assembly From the Sixth Congressional District
RE: Caucus to Elect Sixth District State Transportation Board Member
Pursuant to the provisions of the O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Sixth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 12, 2000, at 3:00 P.M.

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JOURNAL OF THE HOUSE

Members of the Senate from those senatorial districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus.

Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp
Office of Legislative Counsel 316 State Capitol Atlanta, Ga 30334 January 3, 2000
TO: Members of the General Assembly From the Eighth Congressional District
RE: Caucus to Elect Eighth District State Transportation Board Member
Pursuant to the provisions of the O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Eighth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Wednesday, January 12, 2000, at 4:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Eighth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Eighth Congressional District are eligible to participate in said caucus.

SRB:jp

Sincerely, /s/ Sewell R. Brumby
Legislative Counsel

The following Resolution of the House was read and referred to the Committee on Rules:
HR 748. By Representatives Snelling of the 99th, Coleman of the 80th, Kaye of the 37th, Wiles of the 34th, Shipp of the 38th and others:
A resolution commending FRED, the 1999 International Barbershop Quartet champion of the Society for the Preservation and Encouragement of Barbershop Quartet Singing in America, Inc., and inviting the members of said quartet to appear before the House of Representatives.

MONDAY, JANUARY 10, 2000

31

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

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Representative Hall, Atlanta, Georgia Tuesday, January 11, 2000

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

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

Anderson Ashe Bannister Barnard
Barnes
Birdsong Borders Bridges Brooks Brown Buck
Buckner Bulloch Bunn Byrd Callaway Cash Channell Childers Clark Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M Davis, T

Dean
DeLoach, B DeLoach, G Dixon Dodson
Dukes Ehrhart Epps Evans Everett
Felton Ployd Franklin Golick Graves Greene
Grindley Hammontree Harbin E Harrell
Heard Heckstall
Henson Holland Houston
Howard Hudgens Hudson, H Hudson, N

Hugley Jackson, B
Jackson, L James Jennings Joyce Kaye Lane
Lewis Lord 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 Randall
Ray Reaves
Reece Reichert
Rice Richardson Rogers
Royal Sanders Sauder Scarlett Scheid
Scott Shanahan
Shipp Sholar
Sims Skipper Smith, C Smith, C.W

Smith, L Smith, L.R Smith, P Smith, V Smyre Snelling Snow Stallings Stancil Stephens Stokes E Taylor Teper Tillman Tolbert Trense Turnquest
Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Jones of the 71st, Roberts of the 162nd, Ragas of the 64th, Reed of the 52nd, Hegstrom of the 66th, Shaw of the 176th, Hanner of the 159th, Day of the 153rd, Campbell of the 42nd, Stuckey of the 67th, Williams of the 114th, Reese of the 85th, Jamieson of the 22nd, Sinkfield of the 57th, Bordeaux of the 151st, Lucas of the 124th, Coan of the 82nd, Alien of the 117th, Bailey of the 93rd, Smith of the 91st and Teague of the 58th.
They wish to be recorded as present.
Due to a mechanical malfunction, the vote of Representatives Campbell of the 42nd, Squires of the 78th, Burkhalter of the 41st, Bohannon of the 139th and Hembree of the 98th were not recorded on the attendance roll call. They wished to be recorded as present.

TUESDAY, JANUARY 11, 2000

33

Prayer was offered by the Reverend Barry W. Draper, Associate Pastor, Ash Street Baptist Church, Forest Park, Georgia.

The members pledged allegiance to the flag.

Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1098. By Representatives Franklin of the 39th, Joyce of the 1st, Scarlett of the 174th, Bridges of the 9th and Kaye of the 37th: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that retirement income of taxpayers who are 65 years of age or older shall not be subject to state income tax.
Referred to the Committee on Ways & Means.
HB 1099. By Representatives Franklin of the 39th, Joyce of the 1st and Bridges of the 9th: A bill to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of the employment of minors, so as to delete certain provisions requiring the issuance of employment certificates as a condition of employment for minors; to provide that minors between the ages of 12 and 16 years shall have the written permission of parents or guardians before employment and shall submit proof of age.
Referred to the Committee on Industry.
HB 1100. By Representatives Franklin of the 39th, Joyce of the 1st and Kaye of the 37th: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to eliminate all state income tax withholding requirements with respect to taxpayers, employees, and employers.
Referred to the Committee on Ways & Means.

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HB 1109. By Representative Squires of the 78th: A bill to amend Chapter 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide that when a court awards real property or an interest in real property located in this state in any judgment or decree issued pursuant to said chapter, within 30 days after granting the order, the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located.
Referred to the Committee on Judiciary.
HB 1110. By Representative Squires of the 78th: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing, so as to provide for issuance of duplicate license plates and simultaneous display thereof on the front and rear of certain motor vehicles.
Referred to the Committee on Motor Vehicles.
HB 1111. By Representative Squires of the 78th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated in Articles 1, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles.
Referred to the Committee on Judiciary.
HB 1112. By Representative Squires of the 78th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated in Articles 1, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles.
Referred to the Committee on Judiciary.
HB 1113. By Representatives Holmes of the 53rd, Hudson of the 120th, Dodson of the 94th, Ponder of the 160th and DeLoach of the 172nd: A bill to amend Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, so as to require counties to provide election returns to the Secretary of State in an electronic format within a certain time frame for certain elections.
Referred to the Committee on Governmental Affairs.
HB 1114. By Representatives Jamieson of the 22nd, Porter of the 143rd, Parham of the 122nd, Smith of the 109th, Lane of the 146th and others: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History of the Old Testament Era and the History of the New Testament Era.

TUESDAY, JANUARY 11, 2000

35

Referred to the Committee on Education.
HB 1115. By Representatives Franklin of the 39th and Yates of the 106th: 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 any person to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor.
Referred to the Committee on Rules.
HB 1116. By Representatives Franklin of the 39th, Stuckey of the 67th, Massey of the 86th and Coan of the 82nd: A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a child under the age of 18 years who has a good faith, objectively reasonable basis for concern that such child is the victim of the criminal conduct of another may consent on behalf of the child for recording and divulging a telephonic conversation or an electronic communication between the child and one or more persons.
Referred to the Committee on Judiciary.
HB 1117. By Representatives Holmes of the 53rd, Dodson of the 94th, Hudson of the 120th and DeLoach of the 172nd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to make clerical and conforming changes to the Georgia Election Code; to provide that candidates for county and municipal offices who pay a qualifying fee with a check that is dishonored are automatically found not to have met the qualifications for holding the office sought; to allow the State Elections Board to authorize the Secretary of State to investigate violations of the Georgia Election Code.
Referred to the Committee on Governmental Affairs.
HB 1118. By Representatives Burkhalter of the 41st and Graves of the 125th: A bill to amend Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, so as to provide for the inclusion of expenditures incurred in preserving specimen trees.
Referred to the Committee on Ways & Means.
HB 1119. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd, Smith of the 102nd, Hugley of the 133rd and others: A bill to amend Code Section 36-89-1 of the Official Code of Georgia Annotated, relating to definitions regarding homeowner tax relief grants, so as to change certain definitions with respect to applicability to consolidated governments.
Referred to the Committee on Ways & Means.

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HB 1120. By Representatives Dean of the 48th, McClinton of the 68th, Randall of the 127th, Sholar of the 179th and Holmes of the 53rd: A bill to amend Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, so as to extend the smoking prohibition to certain health care institutions.
Referred to the Committee on Industry.
HB 1121. By Representatives Buck of the 135th, Brown of the 130th, Davis of the 132nd, Smith of the 102nd, Hugley of the 133rd and others: A bill to provide for an additional judge of the superior court of the Chattahoochee Judicial Circuit.
Referred to the Committee on Judiciary.
HB 1122. By Representatives Hegstrom of the 66th, Martin of the 47th, Holland of the 157th and Lucas of the 124th: A bill to amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of the "Parking" Law for Persons with Disabilities," so as to provide for identification of persons appointed to enforce such law.
Referred to the Committee on Motor Vehicles.
HB 1123. By Representatives Lane of the 146th, Floyd of the 138th, Royal of the 164th Hudson of the 156th and Smith of the 169th: A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to provide for a statement of legislative purpose; to provide that it is the intent of the General Assembly to fund certain activities; to provide that it shall not be necessary to obtain a permit to burn leaf piles.
Referred to the Committee on Natural Resources & Environment.
HB 1124. By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and DeLoach of the 172nd: A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net.
Referred to the Committee on Game, Fish & Parks.
HB 1125. By Representative Squires of the 78th: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the inclusion of certain sidewalks within the definition of the term "other transportation purposes"; to change the provisions relating to priority of expenditures from the State Public Transportation Fund.
Referred to the Committee on Transportation.

TUESDAY, JANUARY 11, 2000

37

HB 1126. By Representatives Murphy of the 18th, Coleman of the 142nd and Walker of the 141st:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 2000, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.

HB 1127. By Representatives Murphy of the 18th, Coleman of the 142nd and Walker of the 141st:
A bill to provide supplementary appropriations for the State Fiscal Year ending June 30, 2001, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein.
Referred to the Committee on Appropriations.

HB 1128. By Representatives Murphy of the 18th, Coleman of the 142nd and Walker of the 141st:
A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.
Referred to the Committee on Appropriations.

HB 1129. By Representatives Murphy of the 18th, Coleman of the 142nd and Walker of the 141st:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000, and ending June 30, 2001.
Referred to the Committee on Appropriations.

HB 1130. By Representative Poag of the 6th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Securities Act of 1973," so as to provide for the regulation of day trading.
Referred to the Committee on Industry.

HB 1131. By Representative Poag of the 6th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from sales and use taxes for certain sales of coins or currency, and for certain sales of gold, silver, or platinum bullion.
Referred to the Committee on Ways & Means.

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HR 749. By Representatives Buck of the 135th, Walker of the 141st, Connell of the 115th, Skipper of the 137th and Smyre of the 136th:
A resolution to amend the Rules of the House so as to create an uncontested resolutions calendar for resolutions naming things and creating study committees.
Referred to the Committee on Rules.

HR 750. By Representative Squires of the 78th:
A resolution proposing an amendment to the Constitution so as to provide that, in addition to current purposes, motor fuel taxes may be appropriated and expended for all activities incident to providing and maintaining sidewalks and bicycle lanes on or adjacent to public roads, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing sidewalk and bicycle lane construction and maintenance.
Referred to the Committee on Transportation.

HR 751. By Representatives Snow of the 2nd, Skipper of the 137th, Ehrhart of the 36th, Hugley of the 133rd, Sauder of the 29th and others:
A resolution amending the Rules of the House of Representatives with respect to the Committee on Ethics, standards of conduct, and related matters.

January 11, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution 751. This notice is made prior to or upon reading the Resolution the first time.

Referred to the Committee on Rules.

/a/ Mike M. Snow Representative 2nd District

By unanimous consent, the following Resolution of the House was read the second time:
HR 747

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Rules and referred to the Committee on Ethics:
HR 747. By Representative Snow of the 2nd: A resolution reprimanding the Representative from the 64th District.

TUESDAY, JANUARY 11, 2000

39

The following Resolution of the Senate was read:
SR 387. By Senators Hooks of the 14th, Starr of the 44th and Walker of the 22nd
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 14, 2000, and shall reconvene on Monday, January 24, 2000.
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
Barnes Benefield Y Birdsong Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn 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
DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

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

On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution was adopted.

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Due to a mechanical malfunction, the vote of Representatives Squires of the 78th, Burkhalter of the 41st, Bohannon of the 139th and Hembree of the 98th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Shaw of the 176th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:
HR 752. By Representatives Everett of the 163rd and Roberts of the 162nd: A resolution commending and recognizing Mr. James E. "Jim" Ervin of Albany.
HR 753. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Byrd of the 170th, Benefield of the 96th and others: A resolution commending James L. Martin, Jr,

The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 744 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.

Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Roy E. Barnes, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Taylor, Speaker Murphy, Members of the General Assembly:
The good times we live in don't always mean easy choices.
The good news is a strong economy.
The hard question is how to use it to invest in our future.
Many of you want to invest by spending the money to preserve our natural resources and maintain the quality of life that makes Georgia a great place to live.
Many want to develop our human resources to keep our economy prosperous and growing.
Others say the best investment we can make is returning money to taxpayers to reinvest.

TUESDAY, JANUARY 11, 2000

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It reminds me of a court case I once saw.
When the prosecutor finished presenting her case, the judge said "You know, I believe you're right."
Then the lawyer for the defendant got up and made his argument. And, after he finished, the judge said "I can't argue with that."
Well, about that time, the bailiff leaned over to whisper in the judge's ear: "Excuse me, your honor, but both sides can't be right."
So the judge scratched his chin and said, "You know, you're right too."
And just like that judge, you are all correct.
The fact is: Georgia is a national pacesetter in tax relief.
Just in the last six years, we've taken the sales tax off groceries, repealed the intangibles tax, and cut state income taxes twice by increasing the state exemption and two more times by raising the exemption for dependents.
We've cut taxes by increasing the standard deduction for taxpayers over 65, excluding more of the income of retirees.
And we will exclude even more this year.
We've increased job tax credits, and provided new tax credits for child care.
Last year we passed the largest tax cut in Georgia's history - a $1 billion reduction in the unemployment tax that took effect last week.
And last year we also cut the last tax that had escaped the knife: property taxes.
I'm recommending that we double that property tax cut to $166 million this year.
This is the second installment in my eight-year plan to raise the homestead exemption to $50,000 for Georgia homeowners.
While taxpayers reinvest this tax cut in today's economy, we need to invest for tomorrow.
One way to do that is keeping a little money in the bank.
If we spend everything we have now, when times are good, we'll be back here in a special session cutting the budget when a recession hits.
That's what happened in 1991.
And I don't want that to happen again on my watch.
That's why we have estimated revenues below current collections.
An even more important way to invest in our future is to invest in our children.
No investment we can make will pay higher dividends than education reform.
We all know our schools aren't where they need to be.

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They aren't even close.
And we all know that the most important thing we can do not just for our children, but also for our economy and our quality of life in decades to come is to start improving our schools right now.
Because tomorrow won't wait.
The future of Georgia will be determined by the education of our workforce. And that's not something you can change overnight.
It takes 17 years for a child to go through our education system, and that means it will be at least that long before we see the final product of the work we start today.
We can make sure children graduate with the skills they need.
We can make sure that they will be able to get good jobs.
And we can make sure that companies will create jobs here because of our educated workforce.
And, because of all that, we can make sure that Georgia will continue to prosper.
The greatest part of improving education is not money - even though that is important.
The greatest part is accountability.
That's why I'll present most of my education proposals later this week instead of today's budget document.
But some of the things we need to do have a price tag, and first among them is early intervention.
We have known for years that reducing class sizes in the earliest years is one of the surest ways to help students learn.
This budget does that.
For students performing below grade level in kindergarten through third grade, we are going to cut the student-teacher ratio by more than half.
Right now, the average student-teacher ratio in Georgia is 25 to 1.
For students in kindergarten through third grade who need it the most, there will be no more than 11 students for every teacher.
And this budget cuts the maximum class size to 20 for all other K-3 classes.
If a school system claims it doesn't have the space to have classes this small, then we'll make them do it by putting two teachers in a classroom.
The days are over when school bureaucrats can hoard money for their administrative expenses by making classes in our early grades too large.

TUESDAY, JANUARY 11, 2000

43

We're also going to put counselors in every school, including every elementary school. And to make sure they can do the job, we're lowering the counselor to student ratio as well - from as high as 624 to 1 in the middle school grades to 400 to 1 in every grade from kindergarten through high school.
I am also recommending that we increase the number of social workers and school psychologists by over a third because we recognize that the children of today come to school with problems that did not exist just a few years ago.
And if we want to stop the violence in our public schools, let us give our teachers the tools to deal with our problem children.
School and system administrators - and there are many good ones - have complained for years that essential functions like maintenance and operations are shortchanged in the QBE formula. I agree.
I am recommending the largest increase ever: from the current $268 per student to $300 per student.
Another area where we have fallen short is funding for the additional training and experience teachers have that is not included in the QBE formula.
We have always funded this based on 2-year-old data.
We now have the technical capability to shorten this time lag to one year, and I recommend that we do it.
This one action will provide $28 million dollars in state money and free up an equal amount at the local level.
I think we all know how important technology is to our schools.
And by now we should also know that buying the hardware doesn't do much good if we don't teach the teachers - much less the students - how to use it.
This budget doubles the number of technology specialists and gives local systems an additional $25 million to implement this important function.
It also puts a school nurse in every school, because teachers should teach rather than spend their time dispensing medication.
And it beefs up our alternative schools for students in grades 6-12.
If we combine our current In-School Suspension and Alternative School programs with $13 million in new state funds, we can create a new program in the QBE formula that can work for those students who are not succeeding in the regular program and whose frustration is preventing others from succeeding.
This proposal will increase the average funding for an alternative school student from the current $1,694 per student to a more adequate level of $3,375 per student.
We also recognize that for children to learn, they can't fall behind. Some children, in order to keep up, must have an extended day and an extended year.
The budget that I recommend to you today has funding for 20 additional days of instruction for 10% of the school population of this state.

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We must recognize that Georgia is a growing economy, but it also has a changing population.
Many of our new students have difficulty in understanding and speaking the English language.
Our English for Speakers of Other Languages program is funded in this budget at a ratio of one instructor to seven students.
If we are to improve student achievement, all segments of our population must advance.
This funding assures that those with some of the greatest difficulty in understanding instruction are given an equal opportunity to learn.
In order to increase the quality of instruction, it is necessary that teachers and administrators, like the students they teach, continue to learn.
This essential function is referred to as staff development and improvement.
Historically, funding for continuing education of teachers and administrators has been inadequate and irregular.
The budget I submit today sets aside 1.5% of the salaries of our teachers and administrators for continuing education programs.
After reviewing the ways we currently spend money for education, I have included several cuts.
The most important of these is a decrease in funding for administration.
Under the proposal I send to you today, the state will fund a superintendent, an accountant, and a secretary for every school system.
For systems up to 5,000 students, two assistant superintendents will be funded.
For systems between 5,000 and 10,000 students, four assistant superintendents will be funded.
And for systems over 10,000 students, eight assistant superintendents will be funded.
Additionally, no more than one principal will be funded in any local school.
Now, let me tell you something, if a school system can't operate with a superintendent and eight assistant superintendents, something is badly wrong.
The net effect of these changes, including the cuts, is an additional expenditure of $133 million.
This does not include money for the growth in our school population -which is also funded - or for salary increases - which I will describe later.
As I said earlier in my remarks, money is not the only answer to the improvement of education -- but it is a part of the solution.

TUESDAY, JANUARY 11, 2000

45

We cannot seek to hold educators accountable unless we are held accountable for providing adequate funding for education.
This proposed budget also addresses funding equity.
Our constitution says very plainly that Georgia is to provide an adequate public education for its citizens.
It doesn't say anything about where they live or how much money is in their county till.
We passed the Quality Basic Education Act in 1985 to repair the inequities in our school funding before a court held our feet to the fire and made us do it, as has happened in all too many other states.
Unfortunately, the gap in resources between wealthy school systems and poorer ones has widened since then, and many local systems can no longer provide their students with the educational opportunities the constitution guarantees and requires of them.
To address these inequities, I am proposing a variety of strategies -from providing more resources in the QBE funding formula to changing the equalization program so that more state funds flow to those systems that need them most.
Over the last several years, teacher salaries in Georgia have become competitive. This year, I am recommending a three percent across-the-board salary increase for teachers and for Board of Regents faculty and support staff, technical school teachers, public librarians, and adult literacy instructors.
I am also proposing $155 million to increase the state's contribution to teacher health insurance and another $25 million for health insurance for non-certified personnel and retired teachers.
I have included nearly $500,000 to pay the tuition of teachers who successfully complete the training for National Board Certification by November of this year.
Those who achieve national certification will receive a ten percent salary supplement.
National Board Certified teachers are leaders in their schools.
We should recognize this leadership where it counts: at the bank.
I have also recommended $1.5 million for the Georgia Learning Connection a web-based computer tool allowing teachers to access up-to-date instructional information and make lesson plans - and $34.4 million in Lottery money for technology equipment and training.
If high school students are enterprising enough to take college courses, they deserve our financial support. That's why this budget contains $1.5 million in Lottery funds to accommodate anticipated growth in the Post Secondary Options program. This will allow qualified high school students to take courses for college credit.
Following the recommendation of the Education Reform Study Commission, I am proposing $8.4 million so that operations enrollment at technical institutions can be budgeted on a student enrollment formula basis.

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For technical schools, I am also requesting $12.5 million to replace obsolete equipment, as well as $5.4 million for major repairs.
The HOPE Scholarship program has been one of Georgia's great success stories, and I am proposing $196 million in Lottery money to fund it this year.
The greatest issue confronting the Board of Regents this year is its transition from the quarter system to the semester system. This has cost $103 million.
Enrollment will eventually increase again, and I am requesting $47 million to keep our colleges and universities from losing staff and other resources while the enrollment figures recover.
As I said earlier, most of my education accountability proposals will come on Thursday, but I have included $3 million in this proposed budget to start monitoring the performance of our schools.
That's what it will take to run an Office of Education Accountability that will develop the accountability system for pre-kindergarten, elementary and secondary schools, colleges, technical schools, and others - and then gather and analyze the data we need to determine student and school progress.
And for that Office to do its job, it has to be independent of all of the education bureaucracies.
We all know that health problems caught early are often health problems prevented.
It is vital that we expand Medicaid and PeachCare for Kids to cover many of the Georgians who do not have health insurance now.
Medicaid is a health care service whose value can never be quantified. PeachCare for Kids has reached its two-year enrollment goal in its first year of existence.
In fact, Georgia's enrollment plan for PeachCare for Kids was recognized as a "best practice" at three national conventions last year.
PeachCare for Kids provides comprehensive health care coverage for uninsured children through the age of 18 who do not qualify for Medicaid.
There are nearly 140,000 children in our state who qualify for this program, and the Department of Community Health is working very diligently to enroll those children who are not yet covered.
Another area of dire need is dental care, especially for children.
With that in mind, I am asking for $10.9 million to more than double reimbursements for Medicaid and PeachCare for Kids dentists, many of whom have stopped accepting these patients because they can't afford to treat them.
As you know, I am also recommending a significant portion of the tobacco settlement funds for health care initiatives.
We can begin to help the neediest among the 1.3 million Georgians who have no health insurance by appropriating $7.7 million to provide Medicaid coverage for pregnant women and infants up to 235% of the federal poverty level. We can also help reduce or eliminate waiting lists for home and community based services by combining

TUESDAY, JANUARY 11, 2000

47

available federal funds of $19 million with $16.6 million in tobacco settlement funds to address the problem.
I am also recommending almost $21 million in tobacco settlement funds for antismoking education efforts targeted toward young people. This program meets the nine criteria recommended by the Centers for Disease Control.
Two million dollars in tobacco settlement funds will help us take advantage of recent developments in medical technology that now allow doctors to address and remedy hearing problems in young children before they begin to affect their development.
And that's not the only reason I am recommending $2 million for a statewide infant hearing screening program.
Marie has insisted that I put this money in the budget for Georgia's children, and, if you decide to take it out, let me assure you that she has the telephone number of each and every one of you.
Finally, $30 million in tobacco settlement funds will provide the school nurses that I mentioned earlier.
General funds will also address many of Georgia's health care needs. We can save almost $40 million by bringing on board a Pharmacy Benefits Manager for these two programs to bring down drug costs that have gotten out of hand.
I'm also recommending $1.25 million to address needs in cancer screening and follow-up services, and $350,000 to expand the state cancer treatment registry to northeast Georgia.
We all know about the problems in Child Protective Services.
I am proposing a new Child Advocate, independent of the Division of Family and Children Services, to investigate and intervene in child abuse and fatality cases - and make sure the cases we have all read about don't happen again.
In support of this legislation, I'm also requesting $4.1 million in state funds to combine with already available federal money to start an early outreach program for atrisk families. This program will target poor and first-time parents, as well as mothers and fathers with substance and alcohol abuse problems.
In our effort for Georgia to better and more efficiently deliver the services of the State, we must not forget about our state employees.
I have recommended to you in this budget a three percent increase under Georgia Gain for state employees.
Additionally, for those who are at the top of their targets, I have recommended a three percent increase.
This is the first such increase in four years for those dedicated employees with little or no headroom for performance based increases.
For Georgia Gain to work, we must assure that our employees are paid at least the beginning target for the position they hold. Among these jobs are hospital workers, house parents, food service employees, clerks and secretaries, caseworkers, nurses and health services workers. Turnover has reached 40 percent in some of these job classes.

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This would cost $30 million; however, turnover is costing us close to $250 million in state government.
So I have taken the first step this year to remedy this situation which is causing unproductive turnover by adding $10 million to begin the process of bringing employees to their beginning target.
In addition, I am also proposing an additional three percent for certain front line workers where turnover is reaching crisis proportions including probation and parole officers, child protective services workers, and POST-certified DNR officers.
For too long, economic opportunity has divided us into two Georgias: thriving areas of prosperity and growth . . . and rural areas left behind . . . islands of poverty in a sea of material wealth.
To remedy that, I propose we use one-third of Georgia's tobacco settlement money to establish the OneGeorgia Fund.
Sixty-three million dollars this year and $ 1.6 billion over the next quarter-century to promote sustained economic growth throughout rural Georgia.
A series of planned and coordinated investments that communities can build on.
These initiatives mean more than dumping money piecemeal on far-flung communities that have nothing to do with each other.
They are a commitment to regional prosperity - because economic prosperity -like economic stagnation doesn't stop at the county line.
The economic jump-start of OneGeorgia will help the people of rural Georgia use their natural resources and abilities to bring prosperity home.
Georgia already leads the nation in the rate of creation of advanced technology jobs. But in a world of disappearing trade barriers, we must do more. We must push to become one of the top high-tech regions in the world.
To do that we need high-tech research, development, and marketing that are geared toward economic productivity.
Another important program to spur economic growth in the 21st century is the Yamacraw Mission, which was launched last year to make Georgia second to none in designing electronic components for the communications and computer industries.
By designating $12.7 million in new funds for Yamacraw this year - combined with $34 million for the Georgia Research Alliance - we can help to solidify Georgia's position among the world's technology centers.
Another area where Georgia is a leader is quality of life.
Georgia has prospered and grown because this is a great place to live.
Trees. Forests. Rivers. And plenty of land for children to play.
But if we keep losing 50 acres of green space a day, there won't be enough left for the parks and playgrounds our children need.

TUESDAY, JANUARY 11, 2000

49

Our children deserve the quality of life we grew up with, and it's up to us to make sure they have it.
The Chattahoochee River is a prime example. Not only do we rely upon it for our water, but this is a river great in history and beauty.
What we hope to do with help from the private sector is to preserve 167 miles of this river, from the headwaters near Helen all the way down to Columbus. The $20 million appropriated in this year's supplemental budget will be matched by private funds for this critical program.
To expand the Chattahoochee River protection initiative to other natural resources around the state, I am recommending $30 million this year for the Governor's Community Green Space program.
This program will provide grants to locale entities to encourage them to preserve at least 20 percent of their land for undeveloped, publicly accessible green space.
To further address quality of life, I am also proposing $3 million for 65 new positions in the Environmental Protection Division of the Department of Natural Resources to address issues of air quality, water pollution, and hazardous waste management.
If we don't provide better enforcement of our natural resource protection laws, how can we assure that future generations of Georgians will enjoy the same natural beauty and recreational resources we enjoy today?
A quality of life issue we began to address last year is transportation. But the steps we took last year are only the first steps down a long road.
For FY 2001, I'm asking you to provide an additional $1.6 million for the Georgia Regional Transportation Authority.
This is in addition to the amount which I have proposed in the Supplemental Budget, where I recommended $12 million.
Part of this money will have an immediate impact. Buses in Clayton County and vans for regional vanpools will be up and running no later than the end of this year's ozone season.
For continued long-range planning, new funds will allow GRTA to study the feasibility of a regional bus system, rail transit between Cumberland Mall in Cobb County and midtown Atlanta, and the potential for passenger rail service in Georgia.
My top priority for GRTA continues to be the development of a comprehensive plan that addresses not only how commuters get from Mableton to Atlanta, but also how to ensure that poorly planned growth and excessive pollution don't make both Mableton and Atlanta places no one wants to live.
Let's face it, Metropolitan Atlanta is to the Georgia economy what the heart is to the human body: the engine that makes it run when it's healthy, and something that can die when its arteries get clogged.
Transportation - like education - is an issue we can't set aside any longer. And, like education, our approach to transportation solutions must be comprehensive.
GRTA, the Department of Transportation, and the Rail Passenger Authority are working together to do just that. So far they have done a good job with a tough problem.

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Georgia's correctional facilities are a major part of what we do to protect our families from harm.
And as our population expands, so do the numbers in our prisons and county work camps.
This year, I am proposing $2.5 million to make operational 1,000 county work camps beds, as well as $2.2 million to open the new Dodge State Prison in October and another $7.3 million to fully fund a total of 1,168 beds at six prisons, transitional centers, and detention centers across the state.
As I said to you last year, there is no reason why prisoners shouldn't work to pay back their debt to society.
It is essential that Georgia have a correctional system that allows judges the option of placing non-violent offenders in facilities other than the more expensive maximum-security facilities so that we can keep those available for violent offenders.
These new appropriations will increase the alternative beds available by 2,568, an increase of nearly 50 percent.
I encourage the Department of Corrections to find the cheapest and safest way to operate its facilities, whether that means privatizing them or letting the state operate them.
This year's prison bed add-ons will bring Georgia's adult prison capacity to over 47,000.
Finally, I have included $12.8 million to fulfill the commitment outlined in the Department of Juvenile Justice's Memorandum of Agreement with the United States Department of Justice.
These funds include $2 million for medical and dental services, $2 million to provide alternatives to incarceration, and $750,000 for vocational education programs.
In addition, I am requesting $7.4 million to hire 73 new intensive supervision officers for at-risk youth and to phase in 300 more juvenile correctional officers. These are also expenditures required by the Memorandum of Agreement.
As I look out across this chamber, I see history - some of which I am proud to say I witnessed - and in some of which I was even able to play a small part.
Behind me sits one living legend . . . and another who may be on his way.
I also see many lawmakers squirming in their seats.
After 23 years in this building - not counting my two years in exile I'll bet I can guess why.
I know budget speeches aren't very exciting.
I don't think I've ever seen a line from one in a book of quotations.
The only people who get excited over numbers are economists, and you know what is said of them: ask two economists their opinion, and they will give you three answers.

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51

And I know there's somebody in this room that's unhappy they didn't hear about their budget item.
I say that because there are many good proposals that didn't make it.
I received $1.5 billion more in agency budget requests than we have in revenues.
And nobody's ever brought down that magic wand I keep asking for.
Nevertheless, I believe you have some good proposals in front of you. And I emphasize "proposal" because right now that's all they are.
In my first year in this job, I've heard it said that I may be trying to do too much too fast.
Well, we all have our weaknesses, and I guess if you have to have one, then trying too hard is as good as any.
But I know this: I can't do anything without you - and I wouldn't have it any other way.
I've sat next to you in these chambers.
Like you, I've lived for weeks at a time on crackers and Diet Coke.
I've shaken hands until they blistered and had my back slapped until I thought it was corporal punishment.
I've watched the big board up there to see if my bill would pass.
And I've seen the Speaker's gavel mark the end for some of my projects.
In our constitutional system, the working relationship between the executive and legislative branches of government is like a marriage.
It's set in law, based on respect, can't last without compromise, and works best when the partners treat each other as equals.
Don't get me wrong. There's only one person in this room that I want to have or to hold, and she said "I do" almost 30 years ago.
And with her help and yours, I think there are some great things that we can do this year.
So let's get started.
Thank you.

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

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

WEDNESDAY, JANUARY 12, 2000

53

Representative Hall, Atlanta, Georgia Wednesday, January 12, 2000
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Joel Richardson, Pastor, Central Baptist Church, Newnan, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1101. By Representatives Kaye of the 37th, Everett of the 163rd, Joyce of the 1st, Davis of the 60th, Mann of the 5th and others: A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that a sentence of death shall be carried out by electrocution unless, prior to the

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date of execution, a court of competent jurisdiction declares death by electrocution to be illegal or in violation of the Constitution of the United States or the Constitution of the State of Georgia.
Referred to the Committee on Judiciary.

HB 1132. By Representatives Reaves of the 178th, Floyd of the 138th 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 change references to the "Grade A Pasteurized Milk Ordinance".
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1133. By Representatives Ehrhart of the 36th, Stuckey of the 67th, Wiles of the 34th and Richardson of the 26th:
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 change certain provisions relating to custody of children.
Referred to the Committee on Judiciary.

HB 1134. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Heard of the 89th and Jamieson of the 22nd:
A bill to amend Code Section 48-7-29.3 of the Official Code of Georgia Annotated, relating to a state income tax credit for certain federal qualified transportation fringe benefits, so as to change certain provisions regarding the amount of such credit.
Referred to the Committee on Ways & Means.

HB 1135. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Heard of the 89th and Jamieson of the 22nd:
A bill to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties.
Referred to the Committee on Ways & Means.

HB 1136. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Heard of the 89th and Jamieson of the 22nd:
A bill to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties.
Referred to the Committee on Ways & Means.

WEDNESDAY, JANUARY 12, 2000

55

HB 1137. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Heard of the 89th 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.

January 12, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1137. This notice is made prior to or upon reading the bill the first time.

Is/ Thomas B. Buck Representative 135th District
Referred to the Committee on Ways & Means.
HB 1138. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th: A bill to amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to authorize additional methods for the disposal of dead animals; to repeal certain provisions relating to carcasses which are burned.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1139. By Representatives Reaves of the 178th, Floyd of the 138th 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 change the provisions relating to unlawful acts and the use or possession of certain cans, bottles, and other receptacles.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1140. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th: A bill to amend Code Section 2-2-10 of the Official Code of Georgia Annotated, relating to imposition of penalties by the Department of Agriculture and the Commissioner of Agriculture in lieu of other action, so as to provide for monetary penalties in lieu of permit suspensions for violations of Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980".
Referred to the Committee on Agriculture & Consumer Affairs.

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HB 1141. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to change the provisions relating to the rights and powers of cooperative marketing associations and their boards of directors.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1142. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1143. By Representatives Ehrhart of the 36th, Wiles of the 34th, Stuckey of the 67th and Richardson of the 26th: A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change certain provisions relating to investigation of adoption petitioners by child-placing agency or other agent.
Referred to the Committee on Judiciary.

HB 1144. By Representatives Murphy of the 18th, Birdsong of the 123rd, Walker of the 141st, Buck of the 135th, Connell of the 115th and others:
A bill to provide a supplementary appropriation for the state fiscal year ending June 30, 2000, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein; to make such appropriation to the Office of Governor to make a contribution to the National World War II Memorial Campaign for the purpose of establishing a World War II Memorial on the National Mall in Washington, D.C., for the state fiscal year ending June 30, 2000.
Referred to the Committee on Appropriations.

HB 1145. By Representatives Stephens of the 150th, Day of the 153rd, Mueller of the 152nd and Pelote of the 149th: A bill to amend Code Section 48-5-73 of the Official Code of Georgia Annotated, relating to limitations applicable to homestead tax deferral, so as to increase the gross household income limitation.
Referred to the Committee on Ways & Means.

HB 1146. By Representatives Everett of the 163rd, Bridges of the 9th and Campbell of the 42nd:
A bill to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA analysis upon conviction of certain sex offenses, so as to require such analysis upon conviction of certain felony offenses.

WEDNESDAY, JANUARY 12, 2000

57

Referred to the Committee on Special Judiciary.
HB 1147. By Representatives Jenkins of the 110th, Smith of the 109th, Birdsong of the 123rd, Ray of the 128th and Holland of the 157th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales by certain historic fraternal benefit associations.
Referred to the Committee on Ways & Means.
HB 1148. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th: A bill to amend Code Section 47-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Defined Contribution Plan, so as to provide that members of state boards and commissions shall not be deemed employees.
Referred to the Committee on Retirement.
HB 1149. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the specific date by which certain conference and convention center facilities or similar facilities must be substantially completed and in operation.
Referred to the Committee on Ways & Means.
HB 1150. By Representatives Parham of the 122nd, Porter of the 143rd, Orrock of the 56th, Irvin of the 45th, Ashe of the 46th and others: A bill to amend Code Section 10-1-662 of the Official Code of Georgia Annotated, relating to certain unlawful practices of motor vehicle franchisors, so as to provide an exception for application of results of an audit, investigation, or inquiry to alleged fraud which took place prior to the time covered by such audit, investigation, or inquiry.
Referred to the Committee on Motor Vehicles.
HB 1151. By Representatives Powell of the 23rd, Walker of the 141st, Stancil of the 16th, Connell of the 115th, Manning of the 32nd and others: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide that application materials submitted to the Georgia Real Estate Appraisers Board shall be confidential; to provide for the public availability of certain information regarding real estate appraisers that is maintained by such board; to authorize such board to require certain applicants and real estate appraisers to submit fingerprints to the board.
Referred to the Committee on Industry.

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HR 754. By Representatives McCall of the 90th, Jackson of the 112th and Bailey of the 93rd:
A resolution designating a portion of State Highway 43 as the Pierce Jackson Ferguson Memorial Highway.

Referred to the Committee on Transportation.

HR 755. By Representatives Stephens of the 150th, Martin of the 145th, Day of the 153rd, Mueller of the 152nd, Barnard of the 154th and others: A resolution urging Congress to repeal all federal estate taxes.
Referred to the Committee on Ways & Means.

HR 756. By Representatives Stephens of the 150th, DeLoach of the 172nd, Lane of the 146th, Smith of the 169th, Mueller of the 152nd and others: A resolution designating the Tom Triplett Parkway.
Referred to the Committee on Transportation.

HR 757. By Representatives Mosley of the 171st, Murphy of the 18th, McClinton of the 68th, Coleman of the 142nd, Walker of the 141st and others:
A resolution recognizing the 20th Century as the Century of Women in the United States.
Referred to the Committee on Rules.

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

HB 1098

HB 1099 HB 1100

HB 1109

HB 1110

HB 1111

HB 1112

"HLTBD 1111 11 3O THjTBj m 1114A WR 1115
JHi 1115

TTT>

11 Ifi

SB nil
HB 1118 HB 1119
HB 1120

HB 1121 HB 1122 HB 1123 HB 1124 HB 1125 HB 1126 HB 1127
WB 1128
titR* "is
TTT)
HR 749
HR 75
HR 751

Pursuant to Rule 52, Representative Snow of the 1st moved that the following Resolution of the House be engrossed:

WEDNESDAY, JANUARY 12, 2000

59

HR 751. By Representatives Snow of the 2nd, Skipper of the 137th, Ehrhart of the 36th, Hugley of the 133rd, Sauder of the 29th and others: A resolution amending the Rules of the House of Representatives with respect to the Committee on Ethics, standards of conduct, and related matters.
The motion prevailed.

Representative Snow of the 2nd District, Chairman of the Committee on Ethics, submitted the following report:

Mr. Speaker:
Your Committee on Ethics 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 747 Do Pass
Respectfully submitted, /a/ Snow of the 2nd
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1113 Do Pass, by Substitute
Respectfully submitted, Isl Holmes of the 53rd
Chairman

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

Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 747. By Representative Snow of the 2nd: A resolution reprimanding the Representative from the 64th District.

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

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JOURNAL OF THE HOUSE

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

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

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

Y Hugley
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 N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Hay
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 Y 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 Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles E Williams, J Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 161, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
Due to a mechanical malfunction, the vote of Representative Squires of the 78th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Walker of the 141st assumed the Chair.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 758. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th, Smyre of the 136th and Walker of the 141st: A resolution commending the University of Georgia women's gymnastics team and inviting Head Coach Suzanne Yoculan to appear before the House of Representatives.

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HR 759. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th, Smyre of the 136th and Walker of the 141st: A resolution commending the University of Georgia women's swimming team on winning the NCAA swimming and diving championship and inviting Coach Jack Bauerle to appear before the House of Representatives.
HR 760. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th, Smyre of the 136th and Walker of the 141st: A resolution commending the University of Georgia golf team on winning the Bulldog's first national championship in golf and inviting Coach Chris Haack to appear before the House of Representatives.
HR 761. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th, Smyre of the 136th and Walker of the 141st: A resolution commending the University of Georgia men's tennis team on winning the 1999 NCAA Tennis Championship and inviting Head Coach Manuel Diaz to appear before the House of Representatives.
HR 777. By Representatives Purcell of the 147th and Murphy of the 18th: A resolution commending the 4-H Clubs of Georgia, recognizing the observance of 4-H Day at the state capitol, and inviting Austin Carter, State 4-H President, and Dr. Roger C. (Bo) Ryles to appear before the House of Representatives.
HR 778. By Representatives Mosley of the 171st, Murphy of the 18th, Byrd of the 170th and Smith of the 169th: A resolution commending and congratulating Amy Denty, and inviting her to appear before the Georgia House of Representatives.
HR 779. By Representatives Mosley of the 171st, Murphy of the 18th, Byrd of the 170th and Smith of the 169th: A resolution commending and congratulating Dr. Claire Hicks and inviting her to appear before the House of Representatives.
HR 780. By Representatives Mosley of the 171st, Murphy of the 18th, Byrd of the 170th and Smith of the 169th: A resolution commending and congratulating Barbara Struckhoff and inviting her to appear before the Georgia House of Representatives.
HR 781. By Representatives Mosley of the 171st, Murphy of the 18th, Byrd of the 170th and Smith of the 169th: A resolution commending and congratulating Lois Thornton of Jesup, Georgia, and inviting her to appear before the Georgia House of Representatives.
The following Resolutions of the House were read and adopted:
HR 762. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution recognizing and commending Ms. Margaret Logan.

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HR 763. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Frances Sosebee and Norman Sosebee.

HR 764. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution recognizing and commending Ms. Mary Lyle.

HR 765. By Representative Purcell of the 147th:
A resolution recognizing Tuesday, January 25, 2000, as "Effingham County Day".

HR 766. By Representatives Parsons of the 40th, Manning of the 32nd, Shipp of the 38th, Golick of the 30th, Wix of the 33rd and others:
A resolution commending Leadership Cobb and the Leadership Cobb Class of 2000.

HR 767. By Representatives Unterman of the 84th, Walker of the 87th and Purcell of the 147th:
A resolution recognizing and commending Jessica Davis.

HR 768. By Representative McCall of the 90th: A resolution commending Mrs. Frances Prater.

HR 769. By Representatives Hudgens of the 24th and Purcell of the 147th: A resolution recognizing and commending John Dean.

HR 770. By Representatives Unterman of the 84th, Walker of the 87th and Purcell of the 147th:
A resolution recognizing and commending Alexandra Nelson.

HR 771. By Representatives Unterman of the 84th, Walker of the 87th and Purcell of the 147th:
A resolution recognizing and commending Ruthie Hull.

HR 772. By Representatives Unterman of the 84th, Walker of the 87th and Purcell of the 147th:
A resolution recognizing and commending Seth Turner.

HR 773. By Representatives Coleman of the 142nd and Purcell of the 147th: A resolution recognizing and commending Trayvis Manuel.

HR 774. By Representatives Coleman of the 142nd and Purcell of the 147th: A resolution recognizing and commending Merideth Barrs.

HR 775. By Representatives Skipper of the 137th, Hanner of the 159th and Purcell of the 147th:
A resolution recognizing and commending Sommer Statham.

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HR 776. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Squires of the 78th, Sims of the 167th, Poag of the 6th and others:
A resolution commending the 13,000 men and women of the Georgia Army and Air National Guard and declaring National Guard Day in Georgia.

HR 782. By Representatives Ray of the 128th and Purcell of the 147th: A resolution recognizing and commending Christina Williams.

HR 783. By Representatives Morris of the 155th and Purcell of the 147th: A resolution recognizing and commending Heather Sheppard.

HR 784. By Representatives McBee of the 88th, Hudgens of the 24th, Heard of the 89th and Purcell of the 147th:
A resolution recognizing and commending Asma Anwar.

HR 785. By Representatives McBee of the 88th, Hudgens of the 24th, Heard of the 89th and Purcell of the 147th:
A resolution recognizing and commending Fred Smith, Jr.

HR 786. By Representatives Hudson of the 156th and Purcell of the 147th: A resolution commending Matthew Lovett.

HR 787. By Representatives Sims of the 167th and Purcell of the 147th: A resolution recognizing and commending Jennifer White.

HR 788. By Representatives Holland of the 157th and Purcell of the 147th: A resolution recognizing and commending Austin Carter.

HR 789. By Representatives Floyd of the 138th and Purcell of the 147th: A resolution commending Ashley Musselwhite.

HR 790. By Representatives Shaw of the 176th and Purcell of the 147th: A resolution recognizing and commending Hal Darsey.

HR 791. By Representatives Birdsong of the 123rd and Purcell of the 147th: A resolution commending Kristie Harris.

Representative Skipper of the 137th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
Representative Walker of the 141st announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, January 13, 2000

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

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

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

Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G E Dix Dixon Dodson Dukes Ehrhart Everett Felton Floyd Franklin Graves Greene Grindley Hammontree Harbin E Harrell Heard E Heckstall Hegstrom Hembree Holland Howard

Hudgens Hudson, H Hugley Jackson, B James Jenkins Jennings Kaye Lane Lewis Lord Maddox Mann Manning Martin, J Martin, J.L McBee Millar Mills Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons Pelote Pinholster

Poag Purcell Randall Ray Reece Reese Reichert Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P

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

The following members were off the floor of the House when the roll was called:
Representatives Houston of the 166th, Jackson of the 148th, Banner of the 159th, McKinney of the 51st, Ragas of the 64th, Reed of the 52nd, Lucas of the 124th, Coan of the 82nd, Massey of the 86th, Jamieson of the 22nd, Powell of the 23rd, Porter of the 143rd, Stallings of the 100th, Hudson of the 156th, Twiggs of the 8th, Bordeaux of the 151st, Rogers of the 20th, McClinton of the 68th, Golick of the 30th, Jones of the 71st, Stanley of the 49th, Ponder of the 160th, Epps of the 131st, Sinkfield of the 57th, Henson of the 65th, Irvin of the 45th, Walker of the 87th, Teague of the 58th and Smyre of the 136th.
They wish to be recorded as present.
Prayer was offered by the Reverend W. F. Davis, Pastor, St. Peter's AME Church, Jesup, Georgia.

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The members pledged allegiance to the flag.

Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the committees:
HB 1152. By Representatives Rice of the 79th, Irvin of the 45th, Ashe of the 46th and Coleman of the 80th:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs under the "Quality Basic Education Act," so as to provide for a midterm adjustment in the amount of funds appropriated and allocated for the program for limitedEnglish-proficient students.
Referred to the Committee on Education.
HB 1153. By Representatives Rice of the 79th, Benefield of the 96th, Walker of the 141st and Murphy of the 18th:
A bill to amend Code Section 32-4-2 of the Official Code of Georgia Annotated, relating to official maps and records and rules and regulations of the Department of Transportation, so as to provide for an official list of those portions and features of the state highway system which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board; to amend Code Section 50-25-7 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority's sale of files of public information, receipt of data in electronic format from the public, and application of statutory restrictions on confidentiality to the authority, so as to provide an exception.

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Referred to the Committee on Transportation.
HB 1154. 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 the provisions relating to the corporate limits; to change the provisions on the filling of vacancies in the office of mayor or councilmember.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1155. By Representatives Pelote of the 149th and Stephens of the 150th:
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 require local board of education policies prohibiting attendance of students having fingernails over a certain length and to provide for inclusion of such policies in certain codes of conduct and publications.
Referred to the Committee on Education.
HB 1156. By Representative Barnard of the 154th: A bill to amend Code Section 7-5-4 of the Official Code of Georgia Annotated, relating to credit card charges and fees, so as to restrict the application of late fees to minimum installment payments not paid within seven days following the due date; to allow agreements specifying periods exceeding three days following the due date for the application of late fees.
Referred to the Committee on Banks & Banking.
HB 1157. By Representatives Stuckey of the 67th, Martin of the 47th, Walker of the 141st, Campbell of the 42nd, Ragas of the 64th and others: A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that certain clerks of probate court shall deposit cash bonds transferred by the sheriff into interest-bearing trust accounts; to provide that interest from such funds shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17.
Referred to the Committee on Judiciary.
HB 1158. By Representatives Jenkins of the 110th, Stuckey of the 67th, Murphy of the 18th, Holland of the 157th and Smith of the 109th: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for appointment as senior judges certain judges of probate courts; to provide that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court.
Referred to the Committee on Special Judiciary.

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HB 1159. By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th, Walker of the 141st, Skipper of the 137th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion.

January 12, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1159. This notice is made prior to or upon reading the bill the first time.

/s/ Kenneth Birdsong Representative 123rd District
Referred to the Committee on Ways & Means.
HB 1160. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001.
Referred to the Committee on Appropriations.
HB 1161. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others: A bill to provide supplementary appropriations for the health insurance plans for state and University System employees for the State Fiscal Year ending June 30, 2000, in addition to the appropriations made by the General Appropriations Act and any other appropriations.
Referred to the Committee on Appropriations.
HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.
Referred to the Committee on Appropriations.
HB 1163. By Representative Purcell of the 147th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Eflingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1164. By Representative Purcell of the 147th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide for the employment of a clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1165. By Representative Pelote of the 149th:
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 require local board of education policies prohibiting attendance of students having fingernails over a certain length and to provide for inclusion of such policies in certain codes of conduct and publications.
Referred to the Committee on Education.

HB 1166. By Representatives Golick of the 30th, Wix of the 33rd, Wiles of the 34th, Manning of the 32nd, Shipp of the 38th and others:
A bill to provide for a homestead exemption from certain Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1167. By Representative Borders of the 177th:
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 prosthetic devices.
Referred to the Committee on Ways & Means.

HB 1168. By Representative Squires of the 78th:
A bill to amend Chapters 14 and 15 of Title 33 of the Official Code of Georgia Annotated, relating respectively to domestic stock and mutual insurers and to fraternal benefit societies, so as to assign certain duties formerly assigned to the Secretary of State to the Commissioner of Insurance; to provide for filing with the Commissioner of Insurance applications for charters, amendments to charters, and applications for voluntary dissolution and surrender of charters.
Referred to the Committee on Insurance.

HR 792. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A resolution designating the John F. Lawler Memorial Bridge.
Referred to the Committee on Transportation.

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

HB 1101 HB 1132 HB 1133 HB 1134 HB 1135 HB 1136 HB 1137 HB 1138 HB 1139 HB 1140 HB 1141 HB 1142
HB 1143

HB 1144 HB 1145 HB 1146 HB 1147 HB 1148 HB 1149 HB 1150 HB 1151 HR 754 HR 755 HR 756 HR 757

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:
HB 1137. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Heard of the 89th 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" end thereby to incorporate provisions of federal law into Georgia law.
The motion prevailed.

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 176 Do Pass, by Substitute
Respectfully submitted, /si Martin of the 47th
Chairman

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

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Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 748 Do Pass HR 751 Do Pass HR 757 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 748. By Representatives Snelling of the 99th, Coleman of the 80th, Kaye of the 37th, Wiles of the 34th, Shipp of the 38th and others:
A resolution commending FRED, the 1999 International Barbershop Quartet champion of the Society for the Preservation and Encouragement of Barbershop Quartet Singing in America, Inc., and inviting the members of said quartet to appear before the House of Representatives.

Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 1113. By Representatives Holmes of the 53rd, Hudson of the 120th, Dodson of the 94th, Ponder of the 160th and DeLoach of the 172nd:
A bill to amend Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, so as to require counties to provide election returns to the Secretary of State in an electronic format within a certain time frame for certain elections.

The following Committee substitute was read and adopted: A BILL
To amend Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, so as to require counties to provide election returns to the Secretary of State in an electronic format within a certain time frame for certain elections; to provide for a two step phase-in of this requirement; 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.
Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, is amended by adding following Code Section 21-2-76, relating to eligibility of a person holding a political party office to serve as superintendent, a new Code section to read as follows:

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"21-2-77.
(a) Beginning with the election cycle in the year 2000, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal or state offices held in that year or any following year.
(b) Beginning with the election cycle in the year 2002, the superintendent of elections of each county shall provide electronically to the Secretary of State, within 45 days after the close of voting, election returns divided by precinct for each precinct in their respective counties for all primaries, elections, special primaries, special elections, and runoffs for such elections for federal, state, or county offices held in that year or any following year.
(c) The Secretary of State is authorized to prescribe by rule or regulation the type of electronic format for the provision of such election returns."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of prescribing rules and regulations and shall become effective July 1, 2000, for all other purposes.
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 745 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Roy E. Barnes, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Taylor, Speaker Murphy, Members of the General Assembly.

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This has been billed as an education address, but I'm here this morning to talk about something more important: Georgia's future.
It's our responsibility to make sure the prosperity we enjoy today is passed along to the next generation.
Georgia's prosperity and the improvement of education are inextricably woven together.
The most important thing we can do for our economy is to start improving our schools right now.
Because tomorrow won't wait.
As Georgia's leaders, the question that confronts us is whether we will improve education -- or whether we will shrink from our responsibility and fail our children.
If we stand still, we go backwards.
One thing we should always remember is that we live in a competitive world.
Our children compete not just with other children in Mableton and Marietta; they compete with children from Tennessee to Tokyo.
So this is not simply about education, this is about whether Georgia continues to prosper or whether we fall behind.
The currency of the new economy that is emerging in Georgia and throughout the world is not dollars and cents. It's knowledge and information. And to prosper we must create more of it.
Where do we stand in education?
How do we measure up against states in the southeast?
How do we measure up against other fast-growing states?
How do we measure up against the rest of the nation?
The answer isn't pretty.
Georgia ranks second from the bottom nationally in SAT scores.
In fact, no matter what yardstick you look at - SAT scores, 8th grade math proficiency, the Armed Forces Qualification Test, high school completion rates - we are failing to give our children the education they need.
We have students graduating from high school who can't fill out a basic application for employment.
And when you look at the high school graduation test and see that it only tests for 8th or 9th grade skills - and that 32 percent still fail - you can't help but know that something is wrong.
Of every ten children who began school this fall, only six will be there at graduation.

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Of those six, only three will go on to college.
And of those three, only one will graduate.
Do you believe Georgia can be internationally competitive when only one out of ten of our children graduates from college?
Of course not!
Year after year, the education bureaucracy says: don't mind the test scores, things aren't really so bad - in fact, we're doing a pretty good job.
You know, it's cute when you see an eight-year-old look sheepishly up at the teacher and say "the dog ate my homework."
It's not cute when it comes from the people responsible for educating our children.
It's time to stop making excuses and start doing something about it.
I have a message for those who say that the education system we have, the bureaucracy we have, and the progress we have made are good enough.
You are wrong.
Dead wrong.
And I simply can't allow it any more.
Our economy has grown because, for the last 30 years, we have imported a million new people every decade. And these people have generally been better educated and more skilled than our own sons and daughters.
We cannot continue along this path forever.
We know we can't keep importing that many people into Georgia every year, and we can't keep leaving generations of Georgians behind - replaced by better educated and better trained workers from somewhere else.
Georgians demand better than that.
Our children deserve better than that.
And our job - starting right here and right now - is to deliver better than that.
I want to tell you the story of two states: Georgia and North Carolina. Both are growth states. They have almost identical populations, budgets, and demographic make up.
At the beginning of this decade, North Carolina was far behind Georgia in education. While 47 percent of Georgia 8th graders tested at the basic level of mathematics in 1990, only 38 percent of North Carolina 8th graders were at that level.
By 1996, the number of Georgia 8th graders with a basic understanding of math had barely moved: from 47 to 51 percent. But North Carolina had gone from 38 to 56 percent.

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And in the last ten years, while Georgia's SAT scores rose only 15 points, North Carolina gained 43 points.
Why is North Carolina improving at least three times as fast as Georgia?
Two reasons: responsibility and accountability.
Earlier this week, I spoke with you about the responsibility and accountability of us all.
I challenged you to give school boards, administrators, and teachers the tools they need to do their jobs. That is our responsibility.
Now is the time to also give local administrators and school boards the tools they need to make sure only the best and brightest teach our children.
In the bill I will send you tomorrow, I will ask you to abolish tenure for all new teachers.
Tenure guarantees employment regardless of performance, and in today's world not one of us is guaranteed a job unless we perform.
I know this will be controversial because it is bold. It says to the world that no group, no special interest will stand in the way of the improvement of education in Georgia.
Don't back away from this responsibility. Take it up and allow us to encourage great teaching and reward it financially.
And those with the responsibility to teach our children must be held accountable if they fail.
Accountability is a joint responsibility. It is the responsibility of educators, parents, students - and, yes, legislators and governors.
Accountability has moved North Carolina ahead.
And accountability is the only way to ensure that we improve.
The bill I will send you requires us to set high standards and then measure our progress toward those goals.
Yes, this means tests.
There are those who say that tests do not accurately reflect a student's ability or achievement. There are those who say that tests are unfair -- that it is unfair to use paper test performance for rewarding educators or to decide if students have adequately learned the subject taught.
I am here to tell you that there is a test coming -- a test called life.
And if we don't find out early whether or not these skills are being taught - and learned - it will be too late to do anything about it,
If we want an accountability system that will work, it must be two things: fair and independent.

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It must assure that all students regardless of their race, color or creed or economic status can and should learn. And it should fully integrate the subjects that are being taught with the tests of the skills students need to learn.
Just as important, it must be independent of all the education bureaucracies.
I have advocated, and I will recommend to you in the bill that I will submit to you, that the curriculum and the tests on the curriculum be developed by the Department of Education. Additionally, the interventions and assistance for low performing schools should be performed by the Department of Education.
But just as our system is made up of checks and balances, we must have an independent Office of Education Accountability to provide a check on the bureaucracies of all of the educational institutions that must be held accountable.
Education accountability is not simply about our K-12 schools.
It's about technical schools and the University System, pre-kindergarten and the Professional Standards Commission.
For there to be a check on all of the institutions of education, an independent office of accountability is essential. Otherwise, the educational bureaucracies will swallow it up and co-opt the keystone for the improvement of education in Georgia.
You cannot be for education reform and be opposed to the creation of an independent check on the education bureaucracies.
Your choice is simple: you can stand with the bureaucrats who say everything is just fine and what we've got is good enough.
Or you can stand with us.
This accountability system will reward great teaching and improvement, and will identify schools that need additional assistance and, possibly, intervention. I spoke with you earlier this week in my budget address about the most important of these interventions: for students performing below grade level in kindergarten through 3rd grade, the bill that I will send to you tomorrow will cut the student-teacher ratio by more than one-half. For students in kindergarten through 3rd grade who need it the most, there will be no more than 11 students for every teacher.
Counselors in every school and more social workers, psychologists, and school nurses will free up our teachers to teach our children, especially those who bring to school the problems of home and a complex society.
But, accountability means teachers too.
Great teaching will be rewarded.
And improvement of achievement of a school above that which is expected in any year will be rewarded by accountability bonuses on a school basis.
In those hard-to-fill areas such as math and science and locations such as rural Georgia, teachers will no longer be paid the same salary. Signing bonuses will be given to attract the best and the brightest wherever we need them and to teach the subjects we need them for.

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National Board Certified Teachers will receive not only reimbursement for the cost to become National Board Certified, but an additional ten percent over and above their state salaries.
The accountability system that I recommend to you rewards great teaching while at the same time providing us information to improve those schools where assistance is needed.
The primary thought we must keep in mind is that every child can learn, every child can succeed, and, if you have the courage to enact the legislation I will forward to you, every child in the State of Georgia will have the God-given right to fully embrace a bright and prosperous future.
And I emphasize every child - with no one being left behind.
We must find the courage to require more. We must find the political will to hold our students and educators accountable. And we must use every resource available to encourage and support our teachers, to involve our parents, and to inspire our children to achieve.
This is not a condemnation of teaching or teachers or administrators and is not meant to be punitive in any way.
This is a way - in fact, the only way - to reward great teaching and to encourage and attract great teachers.
We recognize that this is a shared responsibility among parents, teachers, students, and yes, even the Governor and General Assembly. We all have a responsibility, and we all must exercise and shoulder that responsibility.
In order to encourage more parental and business involvement in our local schools and decentralize the control of our schools, I will recommend that each local school form a school council chaired by the principal and containing two teachers, two parents, and two members of the business community.
This school council will oversee the local, site-based management and local control that is necessary to make our neighborhood schools better. There is much talk about the bureaucracy that exists from the state to the local boards, and I will do everything I can to decrease that bureaucracy.
But there is even greater bureaucracy from the local school board down to the local school.
And this too must be reduced.
Without community and parental involvement, our schools will never improve. And the creation of school councils with real power to make their schools work is the way to do that.
Technology is as important today in our schools as a blue back speller was 50 years ago.
I am alarmed by some of the things that I hear today about technology and education.
Some folks think technology has no place in education. Well, let me tell you: it's the people who think that way who have no place in education.

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Technology will remake the way we deliver education. We must have teachers who understand technology, and students who master technology. No good-paying job will be available to any of our students in the future unless they have a basic knowledge of technology. And for students to have a basic knowledge of technology, teachers must have a knowledge of technology so that they can teach it to their students.
Earlier this week, I asked you to provide technology specialists to teach our teachers.
The bill that I will send to you tomorrow will require that all teachers have a basic tested competency in technology before they are hired or re-certified.
Equally important, we must find ways to make our education system seamless. A student belongs to no particular institution of education and should be able to move freely from one educational institution to another. I want to see movement back and forth between our high schools and technical schools and between our technical schools and our university system, so that we can provide the kind of technical training and basic skills and knowledge the business community badly needs to be profitable.
Finally, students should not be forced to attend a school that is failing them. They should have a choice.
In schools identified as underperforming three years in a row, students and their parents should be able to choose another school in that district, and the school district should pay to transport the student to that new school.
I prefaced my remarks this morning by telling you that I wanted to talk with you about the future of Georgia.
Twenty-five years from now, the Atlanta metropolitan area should incorporate all of north Georgia and begin to encroach on Macon, Columbus, and Chattanooga. By the year 2025, there will probably be more than 12.5 million people living in our state, and the total school enrollment in our public schools will climb from 1.4 million to well over 2 million students. Georgia's population as well as her schools will be more diverse than today.
Those numbers tell us is that the challenges facing our public schools are only going to increase in scope and complexity.
But I also want to tell you that 25 years from now there will be a Governor standing in this very place, and he or she, Democrat or Republican, will recount the progress of Georgia in the last quarter century.
I do not want that Governor speaking to that General Assembly to be able to say that at the turn of this century, we had greatness and improvement in education within our grasp, but we blew it because we did not have the courage to improve public education. That is the challenge that confronts you today.
Are these proposals bold and maybe even controversial?
Yes.
Will there be special interest groups that will oppose some or all of these proposals?
Absolutely.

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But now is the time for bold action.
The actions I ask of you require courage.
Can these proposals lead to your political defeat or mine?
Maybe so.
But there are times to come to the General Assembly and enjoy the fellowship and, yes, even the fun.
But there are other times when we stand at a crossroads in history.
This is one of those times.
Be not timid or shrink from this challenge - take it up, treasure it, and do something that means something.
Smith Pass is a member of the Coweta County Board of Education. She has also been serving this year on the Governor's Education Reform Study Commission.
I don't know if she is a Democrat or a Republican, I never asked her, and I really don't care.
This week she sent me an e-mail that encouraged me to take bold action. She also sent me this short poem:
"There was a very cautious man Who never laughed or played, He never risked, he never tried, He never sang or prayed. And when one day he passed away His insurance was denied. For since he never really lived, They claimed he never died."
The future of Georgia's children is in your hands.
There are no Republican children.
There are no Democratic children.
Only Georgia's children.
Rise to this occasion, and generations of children yet unborn will eternally be in your debt.
Thank you and God bless you.
Senator Walker of the 22nd moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

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The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 793. By Representatives Murphy of the 18th, Richardson of the 26th and Purcell of the 147th: A resolution recognizing and commending Kaleb McMichen.
HR 794. By Representatives Watson of the 70th and Walker of the 141st: A resolution recognizing "Community Health Centers Day".
HR 795. By Representatives Cummings of the 27th, Childers of the 13th, Lewis of the 14th and Purcell of the 147th: A resolution commending Joseph Walraven.
HR 796. By Representatives Anderson of the 116th and Purcell of the 147th: A resolution recognizing and commending Kari Cope.
HR 797. By Representatives McCall of the 90th and Purcell of the 147th: A resolution commending Ross Oglesby.
HR 798. By Representatives Mosley of the 171st, Byrd of the 170th and Purcell of the 147th: A resolution recognizing and commending Haley Carswell.
HR 799. By Representatives Jackson of the 112th and Bailey of the 93rd: A resolution commending Ms. Inez Marshall Bray.
HR 800. By Representatives Mosley of the 171st, Byrd of the 170th and Purcell of the 147th: A resolution commending Isaiah Houston.
HR 801. By Representatives Smith of the 109th, Jenkins of the 110th and Purcell of the 147th: A resolution commending Trey Cocus.
HR 802. By Representative O'Neal of the 75th: A resolution recognizing and commending Don Patterson.
HR 803. By Representatives Purcell of the 147th and Lane of the 146th: A resolution commending Captain Ion Mclver Gignilliat as the Peace Officer of the Year for Meritorious Service.

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HR 804. By Representatives Purcell of the 147th, Lucas of the 124th, Reichert of the 126th, Graves of the 125th, Ray of the 128th and others:
A resolution commending Lt. Vie Moore, Sgt. Tonnie Williams, Sgt. Mark Cotton, Officer John Roberts, and Officer Brett Newman on receiving the Earl Hamrick Award for Acts of Valor.

HR 805. By Representatives Purcell of the 147th, Hembree of the 98th and Snelling of the 99th:
A resolution commending Captain Boyd Clines.

HR 806. By Representatives Pelote of the 149th, Brooks of the 54th, Jackson of the 148th, Stephens of the 150th, Day of the 153rd and others:
A resolution expressing regret at the passing of Curtis V. Cooper.

Representative Skipper of the 137th assumed the Chair.

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
Representative Skipper of the 137th announced the House adjourned until 10:00 o'clock, tomorrow morning.

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81

Representative Hall, Atlanta, Georgia Friday, January 14, 2000

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

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

Anderson Bailey Barnes
Benefield Birdsong Bohannon Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn
E Burkhalter Byrd Campbell Childers Clark Coan
Coleman, B Connell Cooper
Cox Cummings Davis, M Davis, T
Day Dean

E DeLoach, B DeLoach, G
E Dix
Dixon Dodson Dukes Ehrhart Everett Felton Floyd Franklin Golick Graves Grindley Hammontree Hanner Harbin E Harrell
Heard Heckstall
Hegstrom Hembree Howard Hudgens Hudson, N Hugley Jackson, B Jackson, L

James Jenkins Jennings Jones Kaye Lane Lewis Lord Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall McKinney Millar Mills Mosley Mueller O'Neal Orrock Par ham Parrish Parsons Pelote Pinholster

Poag Porter Powell Purcell Randall
Ray Reaves Reece Reese Rice Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shipp Sholar Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling Snow Squires S tailings Stancil Stephens Stokes Stuckey Taylor Teague Teper Tillman Tblbert Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lucas of the 124th, Houston of the 166th, Shaw of the 176th, Reichert of the 126th, Whitaker of the 7th, Ponder of the 160th, Rogers of the 20th, Holland of the 157th, Sims of the 167th, Ragas of the 64th, Callaway of the 81st, Channell of the lllth, Alien of the 117th, Ashe of the 46th, Jamieson of the 22nd, Stanley-Turner of the 50th, Morris of the 155th, Mobley of the 69th, Bannister of the 77th, Barnard of the 154th, Bordeaux of the 151st, Cash of the 108th, McClinton of the 68th, Hudson of the 120th, Trense of the 44th, Evans of the 28th, Williams of the 83rd, Henson of the 65th, Smyre of the 136th, Stanley of the 49th, Holmes of the 53rd, Coleman of the 142nd and Reed of the 52nd.
They wish to be recorded as present.
Prayer was offered by the Reverend Charles Sineath, Pastor, Wesleyan Fellowship Church, Marietta, Georgia.

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The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1105. By Representatives Snelling of the 99th, Irvin of the 45th, Day of the 153rd, Dixon of the 168th and Benefield of the 96th: A bill to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual income tax rates, tax tables, credit for withholding and other payments, and applicability to estates and trusts, so as to change the computation of the amount of tax imposed by adjusting tax tables' income brackets to account for the accumulated effect of inflation from 1971 to date.
Referred to the Committee on Ways & Means.
HB 1169. By Representatives Snelling of the 99th, Irvin of the 45th, Day of the 153rd, Brown of the 130th and Stephens of the 150th: A bill to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to the income tax rates for individuals, fiduciaries, and partnerships, so as to provide for a gradual reduction in the income tax rates over a period of five years.
Referred to the Committee on Ways & Means.

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HB 1170. By Representative Smith of the 109th: A bill to provide for an additional judge of the superior court of the Towaliga Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1171. By Representatives Smith of the 109th and Jenkins of the 110th:
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 Butts County, the Superior Court of Lamar County, and the Superior Court of Monroe County.
Referred to the Committee on Judiciary.

HB 1172. By Representatives Manning of the 32nd, Squires of the 78th, Golick of the 30th, Wix of the 33rd and Unterman of the 84th:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a child under the age of 18 years who has a good faith, objectively reasonable basis for concern that such child is the victim of the criminal conduct of another may consent on behalf of the child for recording and divulging a telephonic conversation or an electronic communication between the child and one or more persons.
Referred to the Committee on Judiciary.

HB 1173. By Representatives Smith of the 12th, Royal of the 164th, Cummings of the 27th, Floyd of the 138th, Jamieson of the 22nd 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 molds sold, produced, or used for the production of products from plastic polymers.

January 13, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1173. This notice is made prior to or upon reading the bill the first time.

/s/ Paul Smith Representative 12th District
Referred to the Committee on Ways & Means.
HB 1174. By Representatives Snelling of the 99th, Irvin of the 45th, Day of the 153rd, Brown of the 130th and Stephens of the 150th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of and ex-

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emption from income taxes, so as to equalize tax treatment of married and single persons in certain matters.
Referred to the Committee on Ways & Means.

HB 1175. By Representatives Hugley of the 133rd and Taylor of the 134th:
A bill to amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of workers' compensation laws to employers and employees generally, so as to provide that the exemption from workers' compensation laws granted to employers with less than three employees shall not apply if the employer's occupation has been declared hazardous by the Commissioner of Labor.
Referred to the Committee on Industrial Relations.

HB 1176. By Representative Parham of the 122nd:
A bill to amend Article 3 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to breast cancer patient care, so as to change certain provisions relating to coverage for inpatient care and follow-up visits after mastectomies or lymph node dissections.
Referred to the Committee on Insurance.

HB 1177. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
A bill to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to the ascertainment of taxable real and personal property by the county boards of tax assessors, so as to repeal certain prohibitions regarding the change of valuations which have been established by certain appeals.
Referred to the Committee on Ways & Means.

HB 1178. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th and Everett of the 163rd:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, the "Tax Deferral for the Elderly Act," so as to authorize such tax deferral with respect to certain municipal ad valorem taxes for municipal purposes.
Referred to the Committee on Ways & Means.

HB 1179. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to management of budgetary and financial affairs, so as to provide for a criminal penalty with respect to the authorization of payments in violation of the provisions of Part 1.
Referred to the Committee on Appropriations.

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HB 1180. By Representative Parham of the 122nd:
A bill to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings.
Referred to the Committee on Motor Vehicles.

HB 1181. By Representatives Parham of the 122nd, Graves of the 125th, Twiggs of the 8th, 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.
Referred to the Committee on Health & Ecology.

HB 1182. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Greene of the 158th, Houston of the 166th and others:
A bill to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1183. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st, Powell of the 23rd, Parham of the 122nd and others:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, so as to prohibit the operation on public roads of certain motor vehicles which supply or are specially equipped to supply the motor vehicles' combustion engines with nitrous oxide fuel additives.
Referred to the Committee on Motor Vehicles.

HB 1184. By Representatives Orrock of the 56th, Smith of the 109th, Martin of the 47th, Howard of the 118th, Bordeaux of the 151st and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change a provision relating to the presumed dependency of the husband or wife of a deceased employee; to authorize the Board of Workers' Compensation to approve a noliability stipulated settlement between parties; to authorize agreements for lump sum settlements prorated over the life expectancy of the injured employee.
Referred to the Committee on Industrial Relations.

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HB 1185. By Representatives Wiles of the 34th, Parham of the 122nd and Rice of the 79th:
A bill to amend Code Section 40-2-37 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles of state and political subdivisions, so as to provide that license plates for such vehicles shall display the year of expiration.
Referred to the Committee on Motor Vehicles.

HB 1186. By Representatives Channell of the lllth, Jamieson of the 22nd, Parrish of the 144th and Scarlett of the 174th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes.
Referred to the Committee on Ways & Means.

HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th, Jamieson of the 22nd, Porter of the 143rd and others:
A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 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.
Referred to the Committee on Education.

HR 807. By Representatives Stephens of the 150th, Byrd of the 170th, Mosley of the 171st, Graves of the 125th and Watson of the 70th: A resolution urging Georgia's congressional delegation to vote for passage of an amendment to the United States Constitution so as to authorize voluntary group prayer in the nation's public school classrooms.
Referred to the Committee on Education.

HR 808. By Representatives Stephens of the 150th, Byrd of the 170th, Graves of the 125th and Watson of the 70th: A resolution urging the study of the Bible in the public schools.
Referred to the Committee on Education.

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

HB 1152 HB 1153 HB 1154 HB 1155 HB 1156

HB 1157 HB 1158 HB 1159 HB 1160 HB 1161

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HB 1162 HB 1163 HB 1164 HB 1165

HB 1166 HB 1167 HB 1168 HR 792

Pursuant to Rule 52, Representative Birdsong of the 123rd moved that the following Bill of the House be engrossed:
HB 1159. By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th, Walker of the 141st, Skipper of the 137th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion.
The motion prevailed.
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 160 Do Pass SB 162 Do Pass
Respectfully submitted, lal Royal of the 164th
Chairman
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

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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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 122, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 296. By Senator Cheeks of the 23rd: A bill to provide homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for the taxable year beginning on January 1,2001, for certain residents of that school district who have annual incomes not exceeding $40,000.00 and who are 65 years of age or older.

The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 616. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law,"so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law.
HB 617. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law".
HB 804. By Representatives Stokes of the 92nd, Walker of the 141st, Martin of the 47th and others: 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.

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By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 296. By Senator Cheeks of the 23rd:
A bill to provide homestead exemption from Burke County School District ad valorem taxes for educational purposes in the total amount of the assessed value of the homestead for the taxable year beginning on January 1, 2001, for certain residents of that school district who have annual incomes not exceeding $40,000.00 and who are 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 809. By Representative Rogers of the 20th: A resolution commending Brenau University's Golden Tiger tennis team on winning the 1999 NAIA National Championship and inviting the team and Coach Rogers to appear before the House of Representatives.
HR 810. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution commending Clarke Central High School on winning the 1999 National High School Mock Trial Championship and inviting team teachers George Harwood and Joyce Harrison to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:
HR 813. By Representatives Jenkins of the 110th and Murphy of the 18th: A resolution commending Honorable Robert F. Ray.
HR 814. By Representative Jenkins of the 110th: A resolution in memory of Coach Lester Tracy Davis, Jr.

Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 751. By Representatives Snow of the 2nd, Skipper of the 137th, Bhrhart of the 36th, Hugley of the 133rd, Sauder of the 29th and others: A resolution amending the Rules of the House of Representatives with respect to the Committee on Ethics, standards of conduct, and related matters.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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

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

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

Y Hugley 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 N McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

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

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil 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 E 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 165, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Reed of the 52nd and Coleman of the 142nd stated they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 746 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Robert Benham, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.

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The Honorable Robert Benham appeared upon the floor of the House and addressed the Joint Session.

Senator Dean of the 31st moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Mark Taylor, announced the Joint Session dissolved.

The Speaker called the House to order.

Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 757. By Representatives Mosley of the 171st, Murphy of the 18th, McClinton of the 68th, Coleman of the 142nd, Walker of the 141st and others:
A resolution recognizing the 20th Century as the Century of Women in the United States.

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

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

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

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

Y Scott 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
Smith, P 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

92
Turnquest Y Twiggs E Unterman

JOURNAL OF THE HOUSE

Y Walker, L Walker, R.L
Y Watson

Y West Y Westmorland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

Y Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 120, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Smyre of the 136th, Henson of the 65th, Reed of the 52nd and Smith of the 169th 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.
Pursuant to SR 387, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 24, 2000.

MONDAY, JANUARY 24, 2000

93

Representative Hall, Atlanta, Georgia Monday, January 24, 2000

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

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

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

Cummings Davis, T Dean E DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Evans Everett Floyd Franklin Golick Graves Greene Grindley Hammontree Manner Harbin E Harrell Heard E Henson Holland Holmes Houston

Hudgens Hudson, H Hudson, N Hugley Jackson, L Jennings Kaye Lewis Lord Lucas Maddox Mann Martin, J Martin, J.L Massey E McBee McCall McKinney Millar Mills Morris Mosley Mueller OTSTeal Orrock Parham

Panish Parsons Pinholster Poag Ponder Powell Ray Reaves Reese Rekhert Rice Richardson Roberts Royal Sanders Scarlett Scheid Shanahan Shaw Shipp Sholar Sims Skipper Smith, B Smith, C

Smith, C.W Smith, L Smith, P Smith, V Smyre Snelling Snow Stancil Stanley-Turner Stephens Stokes Taylor Teper Tolbert Turnquest E Unterman Walker, L Watson West Westmorland Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Twiggs of the 8th, Scott of the 165th, Smith of the 103rd, Randall of the 127th, Cooper of the 31st, Reed of the 52nd, Bulloch of the 180th, Manning of the 32nd, Whitaker of the 7th, Mobley of the 69th, Day of the 153rd, Jackson of the 112th, Jenkins of the 110th, Hegstrom of the 66th, Rogers of the 20th, Bpps of the 131st, Callaway of the 81st, Purcell of the 147th, James of the 140th, Walker of the 87th, Borders of the 177th, Jamieson of the 22nd, Squires of the 78th, Irvin of the 45th, Lane of the 146th, Stanley of the 49th, Sauder of the 29th, Howard of the 118th, Sinkfield of the 57th, Jones of the 71st, Stallings of the 100th, Stuckey of the 67th, McClinton of the 68th, Smith of the 169th, Davis of the 60th, Tillman of the 173rd, Hembree of the 98th, Williams of the 83rd, Heckstall of the 55th, Anderson of the 116th, Bordeaux of the 151st, Trense of the 44th, Joyce of the 1st, Ragas of the 64th, Alien of the 117th, Reece of the llth and Teague of the 58th.
They wish to be recorded as present.
Prayer was offered by the Reverend John D. Pennington, Pastor, First Baptist Church of Douglasville, Douglasville, Georgia.

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The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1108. By Representatives Grindley of the 35th, Mobley of the 69th, Irvin of the 45th, Campbell of the 42nd, Richardson of the 26th and others: A bill to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person.
Referred to the Committee on Judiciary.
HB 1188. By Representative Scarlett of the 174th: A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to the offense of possession of firearm or knife during commission of or attempt to commit certain crimes, so as to include certain possession of straight-edge razors and razor blades within the scope of the offense.
Referred to the Committee on Special Judiciary.

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95

HB 1189. By Representatives McBee of the 88th, Hudgens of the 24th, Pinholster of the 15th, Pelote of the 149th, Porter of the 143rd and others:
A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the "Georgia Qualified State Tuition Program".
Referred to the Committee on University System of Georgia.

HB 1190. By Representatives McBee of the 88th and Buck of the 135th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that any person who owns real property on which a kudzu vine is growing and who allows such kudzu vine to spread to the property of an adjoining property owner shall be guilty of a misdemeanor.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1191. By Representative Scarlett of the 174th:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, and Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to wills, trusts, and estates, so as to provide that persons who commit homicide by vehicle in the first degree shall not benefit in certain ways from the victim's death.
Referred to the Committee on Judiciary.

HB 1192. By Representatives Wix of the 33rd and Benefield of the 96th:
A bill to amend Code Section 48-10-11 of the Official Code of Georgia Annotated, relating to the prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, so as to provide for an exception for certain trailers and semitrailers.
Referred to the Committee on Transportation.

HB 1193. By Representatives Bulloch of the 180th, Royal of the 164th, Parham of the 122nd, Martin of the 145th and Day of the 153rd:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to change the income qualifications for homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or older.
Referred to the Committee on Ways & Means.

HB 1194. By Representative Smith of the 109th:
A bill to amend Article 1 of Chapter 20A of Title 33 of the Official Code of Georgia Annotated, known as the "Patient Protection Act of 1996," so as to provide additional provisions and requirements for certification of qualified managed care plans.
Referred to the Committee on Insurance.

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JOURNAL OF THE HOUSE

HB 1195. By Representatives Roberts of the 162nd, Parham of the 122nd, Powell of the 23rd, Teague of the 58th and Yates of the 106th:
A bill to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal, storage of unlicensed vehicles, jurisdiction, display of temporary notice, and disposition of fines, so as to require valid certificates of registration to be kept in certain vehicles and produced on demand of law enforcement officers in certain circumstances.
Referred to the Committee on Motor Vehicles.

HB 1196. By Representatives Lane of the 146th, Jenkins of the 110th, Walker of the 141st, Everett of the 163rd, Ehrhart of the 36th and others:
A bill to amend Article 4 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to judgment liens, so as to provide that the clerk of each superior court shall maintain a record indexed to the general execution docket showing the place of employment of each judgment debtor; to provide that each person against whom an unsatisfied judgment appears on the general execution docket shall notify the clerk of the court of his or her place of employment.
Referred to the Committee on Judiciary.

HB 1197. By Representatives Purcell of the 147th, Walker of the 141st, Ashe of the 46th and McClinton of the 68th:
A bill to amend Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to art in state buildings, so as to change a definition; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the Georgia Art Policy Committee.
Referred to the Committee on Rules.

HB 1198. By Representative Channell of the lllth:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the assignment of certain corporate income tax credits.
Referred to the Committee on Ways & Means.

HB 1199. By Representatives Bordeaux of the 151st, Jackson of the 148th, Pelote of the 149th, Mueller of the 152nd, Stephens of the 150th and others:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding selection and qualification of candidates, so as to authorize the extension of certain time periods for required filings by candidates in the event of a declared state of emergency or disaster.
Referred to the Committee on Governmental Affairs.

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97

HB 1200. By Representatives Smith of the 169th, Byrd of the 170th, Tillman of the 173rd, Mosley of the 171st, Dixon of the 168th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum for elementary and secondary students under the "Quality Basic Education Act," so as to provide for the offering of state funded high school courses in the History and Literature of the Old Testament Era and the History and Literature of the New Testament Era.
Referred to the Committee on Education.

HB 1201. By Representative Campbell of the 42nd:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to change certain provisions relating to persons not to be licensed; to require a course of driver education for certain applicants for drivers' licenses; to allow public schools to offer such courses over the summer and to charge for them.
Referred to the Committee on Motor Vehicles.

HB 1202. By Representatives Jennings of the 63rd, Smith of the 12th, Buck of the 135th, Scarlett of the 174th and Jamieson of the 22nd:
A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment, deficiencies, assessment, and collection of income taxes, so as to provide for the payment of interest on refunds of overpayments of state income tax at the same interest rate as with respect to underpayments.

January 14, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1202. This notice is made prior to or upon reading the bill the first time.

/s/ E. P. Jennings Representative 63rd District
Referred to the Committee on Ways & Means.
HB 1203. By Representatives Jennings of the 63rd, Smith of the 12th, Buck of the 135th, Scarlett of the 174th and Birdsong of the 123rd: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the armed services of the United States stationed outside the United States as a result of military orders shall not be subject to state income tax.

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JOURNAL OF THE HOUSE

January 14, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1203. This notice is made prior to or upon reading the bill the first time.

Isi E. P. Jennings Representative 63rd District
Referred to the Committee on Ways & Means.
HB 1204. By Representative Murphy of the 18th: A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to descent and distribution under the Revised Probate Code of 1998, so as to provide for the vesting in the heirs subject to divestment of certain interests in real property owned by an intestate decedent.
Referred to the Committee on Judiciary.
HB 1205. By Representative Murphy of the 18th: A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to provide that development authorities may be dissolved by action of the parent governments so long as the authority to be dissolved does not have any outstanding unpaid bonds or bond anticipation notes.
Referred to the Committee on State Planning & Community Affairs.
HB 1206. By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and Crawford of the 129th: 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 training requirements for clerks of the juvenile courts; to provide for clerks pro tempore.
Referred to the Committee on Judiciary.
HB 1207. By Representative Poag of the 6th: A bill to amend Part 15 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Quality Basic Education Act," so as to require local school systems to ensure that the Ten Commandments is displayed in every classroom within the school district, in order to receive state funds under the "Quality Basic Education Act".
Referred to the Committee on Education.

MONDAY, JANUARY 24, 2000

99

HB 1208. By Representative Poag of the 6th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to define a certain term; to provide that the Environmental Protection Division of the Department of Natural Resources shall not permit a solid waste disposal facility which uses plasma arc technology without a local Act of the General Assembly authorizing such a facility.
Referred to the Committee on Natural Resources & Environment.

HB 1209. By Representative Poag of the 6th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require local boards of education to adopt policies permitting student-initiated spoken prayer during the school day, subject to certain conditions.
Referred to the Committee on Education.

HB 1210. By Representatives Poag of the 6th and Jenkins of the 110th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from sales and use taxes for certain sales of coins or currency, and for certain sales of gold, silver, or platinum bullion.

January 21, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1210. This notice is made prior to or upon reading the bill the first time.

/s/ Poag Representative 6th District
Referred to the Committee on Ways & Means.
HB 1211. By Representatives Kaye of the 37th, Stallings of the 100th, Mills of the 21st, Ehrhart of the 36th, Irvin of the 45th and others: A bill to amend Code Section 47-2-29 of the Official Code of Georgia Annotated, relating to postretirement benefit adjustments in the Employees' Retirement System of Georgia, so as to provide that a postretirement benefit increase shall not be granted to any person who is drawing a retirement benefit pursuant to Code Section 47-2-123 because of involuntary separation from employment unless such increase is expressly authorized by general law.
Referred to the Committee on Retirement.
HR 811. By Representative Bordeaux of the 151st: A resolution compensating Ms. Anita Bryant.

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Referred to the Committee on Appropriations.
HR 812. By Representatives Purcell of the 147th, Walker of the 141st, Ashe of the 46th and McClinton of the 68th: A resolution creating the Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion.
Referred to the Committee on Rules.
HR 815. By Representatives Skipper of the 137th and Walker of the 141st: A resolution to amend the Rules of the House of Representatives.

January 21, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution 815. This notice is made prior to or upon reading the resolution the first time.

Referred to the Committee on Rules.

/s/ Jimmy Skipper Representative 137th District

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

HB 1105 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174 HB 1175 HB 1176 HB 1177 HB 1178
HB 1179

HB 1180 HB 1181 HB 1182 HB 1183 HB 1184 HB 1185 HB 1186 HB 1187 HR 807 HR 808 SB 296

Pursuant to Rule 52, Representative Smith of the 12th moved that the following Bill of the House be engrossed:
HB 1173. By Representatives Smith of the 12th, Royal of the 164th, Cummings of the 27th, Floyd of the 138th, Jamieson of the 22nd 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

MONDAY, JANUARY 24, 2000

101

for an exemption with respect to molds sold, produced, or used for the production of products from plastic polymers.
The motion prevailed.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bjll of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1161 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
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 758 Do Pass HR 759 Do Pass

HR 760 Do Pass HR 761 Do Pass

Respectfully submitted, Is/ 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 1154 Do Pass HB 1163 Do Pass

HB 1164 Do Pass HB 1166 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1154. 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 the provisions relating to the corporate limits; to change the provisions on the filling of vacancies in the office of mayor or councilmemher.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1163. By Representative Purcell of the 147th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1164. By Representative Purcell of the 147th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, so as to provide for the employment of a clerk.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1166. By Representatives Golick of the 30th, Wix of the 33rd, Wiles of the 34th, Manning of the 32nd, Shipp of the 38th and others: A bill to provide for a homestead exemption from certain Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead.
The following amendment was read and adopted:
Representative Golick, et al. move to amend HB 1166 by striking on line 31 of page 1 the word "granted" and inserting in lieu thereof the following:
"first granted to the most recent owner of such homestead".

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103

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

Alien Anderson Y Ashe Y Bailey Y 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 E Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash 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 YDay Y Dean E 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 Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Manner Y Harbin B Harrell Y Heard
Heckstall Y Hegstrom
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
James Y Jamieson Y Jenkins Y Jennings
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 E McBee Y McCall 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 Y Pinholster Y Poag Y Ponder Y Porter
Powell Y Purcell Y Ragas Y Randall
Ray Y Reaves
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott 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

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

On the passage of the Bills, the ayes were 143, nays 0. The Bills, having received the requisite constitutional majority, were passed.
Representatives Smith of the 103rd, Wix of the 33rd and Hembree of the 98th 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 communications were received:
Office of Legislative Counsel 316 State Capitol Atlanta, Ga 30334

104
Honorable Cathy Cox Secretary of State 214 State Capitol Atlanta, Ga 30334 Dear Cathy:

JOURNAL OF THE HOUSE January 14, 2000

Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Johnny Gresham was elected as a member of the State Transportation Board from the Sixth Congressional District. He will serve for a term beginning April 16, 2000, and expiring April 15, 2005. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.

With best regards, I am.

SRB:jp Enclosures cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable Johnny Gresham Honorable Michael J. Egan Honorable Tom Campbell Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Penny Brown Reynolds

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

The General Assembly State Capitol Atlanta
TO: Honorable Cathy Cox Secretary of State
This is to certify that Honorable Johnny Gresham has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Sixth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2000, and expiring April 15, 2005.
This 14th day of January, 2000.

/s/ Mark Taylor President of the Senate

MONDAY, JANUARY 24, 2000

105

/s/ Thomas B. Murphy Speaker, House of Representatives

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

The General Assembly State Capitol Atlanta
January 14, 2000

Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 2000, in the Senate Chamber of the state capitol building. At that caucus Honorable Johnny Gresham was elected as a member of the State Transportation Board from the Sixth Congressional District to serve a term beginning April 16, 2000, and expiring April 15, 2005.

Respectfully submitted, /s/ Michael J. Egan
Senator, 40th District Chairman Sixth Congressional District Caucus

/s/ Tom Campbell Representative, 42nd District Secretary Sixth Congressional District Caucus

The General Assembly State Capitol Atlanta
January 14, 2000
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334

Dear Mr. Speaker:

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JOURNAL OF THE HOUSE

Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 2000, in the Senate Chamber of the state capitol building. At that caucus Honorable Johnny Gresham was elected as a member of the State Transportation Board from the Sixth Congressional District to serve a term beginning April 16, 2000, and expiring April 15, 2005.

Respectfully submitted, /s/ Michael J. Egan
Senator, 40th District Chairman Sixth Congressional District Caucus

/s/ Tom Campbell Representative, 42nd District Secretary Sixth Congressional District Caucus

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

Office of Legislative Counsel 316 State Capitol Atlanta, Ga 30334
January 14, 2000

Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District. He will serve for a term beginning April 16, 2000, and expiring April 15, 2005. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.

With best regards, I am.

SRB:jp Enclosures cc: Honorable Roy E. Barnes
Honorable Mark Taylor Honorable Thomas B. Murphy Honorable Frank C. Pinkston

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

MONDAY, JANUARY 24, 2000

107

Honorable Hugh M. Gillis, Sr. Honorable Roger Byrd Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Penny Brown Reynolds

The General Assembly State Capitol Atlanta
TO: Honorable Cathy Cox Secretary of State
This is to certify that Honorable Frank C. Pinkston been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Eighth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 2000, and expiring April 15, 2005.
This 14th day of January, 2000.

lal Mark Taylor President of the Senate

Is/ Thomas B. Murphy Speaker, House of Representatives

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

The General Assembly State Capitol Atlanta
January 14, 2000

Dear Lieutenant Governor Taylor:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 2000, in the Senate Chamber of the state capitol building. At that caucus Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District to serve a term beginning April 16, 2000, and expiring April 15, 2005.

Respectfully submitted, lal Hugh M. Gillis, Sr.
Senator, 20th District Chairman

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JOURNAL OF THE HOUSE

Eighth Congressional District Caucus

/s/ Roger Byrd Representative, 170th District Secretary Eighth Congressional District Caucus

The General Assembly State Capitol Atlanta
January 14, 2000
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334

Dear Mr. Speaker:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 2000, in the Senate Chamber of the state capital building. At that caucus Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District to serve a term beginning April 16, 2000, and expiring April 15, 2005.

Respectfully submitted, /s/ Hugh M. Gillis, Sr.
Senator, 20th District Chairman Eighth Congressional District Caucus

/s/ Roger Byrd Representative, 170th District Secretary Eighth Congressional District Caucus

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 758. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th, Smyre of the 136th and Walker of the 141st: A resolution commending the University of Georgia women's gymnastics team and inviting Head Coach Suzanne Yoculan to appear before the House of Representatives.

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HR 759. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th, Smyre of the 136th and Walker of the 141st:
A resolution commending the University of Georgia women's swimming team on winning the NCAA swimming and diving championship and inviting Coach Jack Bauerle to appear before the House of Representatives.

HR 760. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th, Smyre of the 136th and Walker of the 141st:
A resolution commending the University of Georgia golf team on winning the Bulldog's first national championship in golf and inviting Coach Chris Haack to appear before the House of Representatives.

HR 761. By Representatives McBee of the 88th, Heard of the 89th, Hudgens of the 24th, Smyre of the 136th and Walker of the 141st:
A resolution commending the University of Georgia men's tennis team on winning the 1999 NCAA Tennis Championship and inviting Head Coach Manuel Diaz to appear before the House of Representatives.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 818. By Representative Lewis of the 14th: A resolution honoring the members and coaches of the Cartersville High School football team and inviting them to appear before the House of Representatives.
HR 819. By Representatives Jamieson of the 22nd and Porter of the 143rd: A resolution commending Andy Baumgartner, 1999 National Teacher of the Year, and inviting him to appear before the House of Representatives.
HR 820. By Representatives Dukes of the 161st, Everett of the 163rd, Roberts of the 162nd, Smyre of the 136th and Murphy of the 18th: A resolution declaring January 25, 2000, as Albany-Dougherty County Day at the State Capitol and inviting officials of the city, the county, and the chamber of commerce to appear before the House of Representatives.
HR 821. By Representatives Jamieson of the 22nd, Smith of the 109th and Porter of the 143rd: A resolution inviting Mr. Earl Cosby to appear before the House of Representatives.
HR 837. By Representatives Wix of the 33rd, Parsons of the 40th, Ehrhart of the 36th, Wiles of the 34th, Golick of the 30th and others: A resolution recognizing Roger Bisher and Addie Mathes and inviting them to the House of Representatives.

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HR 838. By Representatives Borders of the 177th, Shaw of the 176th and Reaves of the 178th:
A resolution commending the Lowndes High School football team and inviting the team and the coaches to appear before the House of Representatives.

HR 839. By Representatives Borders of the 177th, Shaw of the 176th and Reaves of the 178th:
A resolution commending the Valwood School football team and inviting the team and the coaches to appear before the House of Representatives.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 617. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law".

The following Senate substitute was read: A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to enact the "Public Retirement Systems Investment Authority Law"; to provide that all public retirement systems shall be subject to Chapter 20 of Title 47 of the Official Code of Georgia Annotated; to define a certain term; to provide the investment authority for public retirement systems in this state that are by law made subject to such provisions; to provide that such provisions shall be applicable to certain public retirement systems; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-20-3 a new Code section to read as follows:
"47-20-4.
Any other provision of law to the contrary notwithstanding, any public retirement system or pension fund supported wholly or partially by public funds shall be subject to the provisions of this chapter. This Code section applies, without limitation, to the Georgia Municipal Employees Benefit System created by Chapter 5 of this title and to any association of like political subdivisions which contracts with its members for the pooling of assets. This Code section shall not apply to any defined contribution retirement system."
SECTION 2.
Said title is further amended by inserting at the end of Chapter 20, the "Public Retirement Systems Standards Law," the following:

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"ARTICLE 7
47-20-80.
This article shall be known and may be cited as the 'Public Retirement Systems Investment Authority Law.'
47-20-81.
(a) As used in this article, the term 'fund' means the investment fund of any public retirement system or pension system supported wholly or partially from public funds. Such term shall include any pool of such funds for investment purposes.
(b) The provisions of this article shall not apply to political subdivisions which contract with an association of like political subdivisions for the pooling of assets; provided, however, that the provisions of this article shall apply to such association.
47-20-82.
(a) Funds shall invest in or lend their assets on the security of, and shall hold as invested assets, only eligible investments as prescribed in this article.
(b) Eligibility of an investment shall be determined as of the date of its making or acquisition.
(c) Any investment limitation based upon the amount of the fund's assets shall relate to such assets on the basis of the assets' aggregate historical cost.
47-20-83.
(a) Subject to limitations stated in this article, funds may invest in the following in certificated or uncertificated form:
(1) Corporations or obligations of corporations organized under the laws of this state or any other state or under the laws of Canada, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that except as provided in Code Section 47-20-84, no fund shall invest in corporations or in obligations of corporations organized in a country other than the United States or Canada; provided, further, that such obligation shall be listed as investment grade by a nationally recognized rating agency;
(2) Repurchase and reverse repurchase agreements for direct obligations of the United States government and for obligations unconditionally guaranteed by agencies of the United States government and for investments eligible under paragraph (1) of this Code section;
(3) Cash assets or deposits in checking or savings accounts under certificates of deposit or in other form in banks and trust companies and in savings accounts, certificates of deposit, or similar certificates or evidences of deposits in savings and loan associations and building and loan associations which have qualified for the insurance protection afforded by the Federal Deposit Insurance Corporation;
(4) Bonds, notes, warrants, and other evidence of indebtedness which are direct obligations of the government of the United States of America or for which the full faith and credit of the government of the United States of America is pledged for the payment of principal and interest;

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(5) Loans guaranteed as to principal and interest by the government of the United States of America, or by any agency or instrumentality of the government of the United States of America, to the extent of such guaranty;
(6) Taxable bonds, notes, warrants, and other securities not in default which are the direct obligations of any state of the United States or of the District of Columbia, or of the government of Canada or any province of Canada, or for which the full faith and credit of such state, district, government, or province has been pledged for the payment of principal and interest;
(7) Bonds, notes, warrants, and other securities not in default which are the direct obligations of the government of any foreign country which the International Monetary Fund lists as an industrialized country and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided such securities are listed as investment grade by a nationally recognized rating agency;
(8) Bonds, debentures, or other securities issued or insured or guaranteed by any agency, authority, unit, or corporate body created by the government of the United States of America whether or not such obligations are guaranteed by the United States;
(9) Collateralized mortgage obligations that are listed as investment grade by a nationally recognized rating agency;
(10) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Financial Corporation;
(11) In addition to those investments eligible under paragraph (1) of this Code section, bonds, debentures, notes, and other evidences of indebtedness issued, assumed, or guaranteed by any solvent institution existing under the laws of the United States of America or of Canada, or any state or province thereof, which are not in default as to principal or interest and which are secured by collateral worth at least 50 percent more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of the required collateral consists of common stocks;
(12) In addition to those investments eligible under paragraph (1) of this Code section, secured and unsecured obligations of issuers described in paragraph (11) of this Code section other than the obligations described in paragraph (11) of this Code section, bearing interest at a fixed rate, with mandatory principal and interest due at specified times, if the net earnings of the issuing, assuming, or guaranteeing institution available for its fixed charges for a period of five fiscal years next preceding date of acquisition by the fund have averaged per year not less than one and one-half times its average annual fixed charges applicable to such period and if during either of the last two years of the period of such net earnings have been not less than one and one-half times its fixed charges for the year; provided, however, that any such obligation shall be listed as investment grade by a nationally recognized rating agency;
(13) In addition to those investments eligible under paragraph (1) of this Code section, equipment trust obligations or certificates adequately secured and evidencing an interest in transportation equipment, wholly or in part within the United States of America, and the right to receive determinated portions of rental, purchase, or other fixed obligatory payments for the use or purchase of the transportation equipment;

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(14) Loans that are secured by pledge or securities eligible for investment under this article;
(15) Purchase money mortgages or like securities received upon the sale or exchange of real property acquired;
(16) In addition to those investments eligible under paragraph (1) of this Code section, a mortgage or a mortgage participation, pass-through, conventional passthrough, trust certificate, or other similar security which represents an undivided, beneficial interest in a pool of loans secured by first mortgages, deeds of trust, or deeds to secure debt upon fee simple, unencumbered, improved, or income-producing real property located in the United States or Canada, which is improved with a residential building or condominium unit or buildings designed for occupancy by not more than four families, including leasehold estates in such real estate if such first mortgages, deeds of trust, or deeds to secure debt are fully guaranteed or insured by the Federal Housing Administration, the United States Department of Veterans Affairs, the Farmers Home Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal National Mortgage Association, or any similar governmental entity or instrumentality;
(17) Land and buildings on such land used or acquired for use as a fund's office for the convenient transaction of its own business; provided, however, that portions of such buildings not used for its own business may be rented by the fund to others; provided, further, that the amount investment by a fund in office property shall not exceed 10 percent of the retirement system assets;
(18) Real property acquired in satisfaction in whole or in part of loans, mortgages, liens, judgments, decrees, or debts previously owing to the fund in the course of its business;
(19) Real property acquired in part payment of the consideration on the sale of other real property owned by the fund if such transaction effects a net reduction in the fund's investment in real estate;
(20) Real property acquired by gift or devise, or through merger or consolidation with another fund; and
(21) Additional real property and equipment incident to real property if necessary or convenient for the enhancement of the marketability or sale value of real property previously acquired or held by the fund under paragraphs (18), (19), and (20) of this Code section.
(b) Notwithstanding the provisions of subsection (a) of this Code section, the Georgia Municipal Employees Benefit System and any association of like political subdivisions which contracts with its members for the pooling of assets may invest up to 5 percent of the total assets of its fund in real estate; provided, however, that in the event the fund's assets decrease in value, the association shall be entitled to retain all real estate investments if owned prior to the reduction in value of assets; provided, further, that any such association shall be entitled to retain all real estate assets it owned on July 1, 1999, without regard to the limitation imposed by this subsection.
47-20-84.
(a) As used in this Code section, the term 'large retirement system' means:

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(1) Any retirement system created by this title which has an accumulated unfunded actuarial accrued liability not greater than 25 percent of the total of its assets;
(2) The Georgia Municipal Employees Benefit System created by Chapter 5 of this title;
(3) Any association of like political subdivisions which, on, before, or after July 1, 1999, contracts with its members for the pooling of assets; and
(4) Any public retirement system other than a retirement system defined in paragraphs (1), (2), and (3) of this subsection which meets the following criteria:
(A) The retirement system assets are in excess of $50 million;
(B) The retirement system provides a defined benefit plan;
(C) The retirement system investments are managed by one or more independent professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research;
(D) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments; and
(E) Has an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets.
(b) A large retirement system may not invest more than 10 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of Code Section 47-20-83.
(c) A fund shall not invest more than 55 percent of retirement system assets in equities; provided, however, that a large retirement system shall invest not more than 60 percent of its assets in equities. Any fund which is not in compliance with the limitations imposed by this subsection shall be granted a two-year period to come into compliance; provided, however, that during such two-year period, the fund shall not increase the percentage of its assets invested in equities.
(d) In the event the value of a fund's assets decreases so as to render such fund ineligible to invest in foreign equities as provided in subsection (b) of this Code section and to invest in excess of 55 percent of its assets in total equities as provided in subsection (c) of this Code section, such fund shall have 12 months from the date of such event to come into compliance with the investment authority provided by this article; provided, however, that during such period such fund shall not increase its holdings in foreign equities and shall not increase its total holdings in equities.
47-20-85.
Notwithstanding any provision of the federal Secondary Mortgage Market Enhancement Act, 15 U.S.C. Section 77r-l, to the contrary, any fund subject to the provisions of this article shall comply with all provisions, restrictions, and limitations concerning investments provided in this article.

MONDAY, JANUARY 24, 2000

US

47-20-86.

?

This article shall be enforced as provided in Article 3 of this chapter."

I

SECTION 3.

Said title is further amended by striking in its entirety Code Section 47-1-12, relating to the investment and reinvestment of any local retirement system fund, and inserting in lieu thereof the following:

"47-1-12.

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

(1) 'Defined contribution plan' means a plan which provides for an individual account for each participant and for bcncfita baaed aolcly on the amount contributed to the partieipant'a account; any income, cxponaca, goina, and loaaca; and any forfeiture of accounts of other participants which may be allocated to aueh participant's account, which plan ia intended to be qualified under Section 401(a) of the Internal Revenue Code, 42 U.S.C. Section 401(a).

(2) 'Local retirement system' moans any retirement oyotcm catabliahcd or maintained under Article IX, Section II of the Constitution of Georgia including, without limitation, any pooling of assets pursuant to a contract between a county governing authority and any association of like political subdivisions.

'

(b) Notwithstanding Code Section 36 80 3, Code Section 36 83 4, or any other law, the

The board of trustees of any local retirement system shall have full power to invest

and reinvest assets of the retirement system and to purchase, hold, sell, assign, trans-

fer, and dispose of any securities and other investments in which assets of the retire-

ment system have been invested, any proceeds of any investments, and any money be-

longing to the retirement system; provided, however, that, except as otherwise

provided in this Code section, such power shall be subject to all terms, conditions, lim-

itations, and restrictions imposed by the laws of this state upon domestic life insur-

ance companies in making and disposing of their investments.

(e) For purpoaca of thia aubacction, retirement system aaacta shall be valued at the coat of such aaacta to the retirement ayatcm. Except aa provided in subsection (f) of thia Code section, the board of truatccs of a local retirement system except a local re tircmont ayatcm which offers only a defined contribution plan ahall not invest more than 60 percent of retirement system aaacta in oquitica, except that the board of trust GOB may invest no more than 66 percent of retirement ayatcm aaacta in cquitica if the retirement ayatcm moots the following criteria:

(1) The retirement system aaocto arc in cxccaa of $60 million;

(2) The retirement system provides a defined benefit plan;

(3) The retirement ayatcm investments arc managed by one or more independent professional invcatmcnt monagcra recognized by the National Aaaociation of Securities Dealers and the United Statoa Securities and Exchange CommiaBion and which adhere to the code of ethical atandards and conduct of the Aaaociation for Invcat mcnt Management and Research; and

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(4) The retirement ayatom investments arc limited to those cquitica of investment grade quality or better, provided that leverage techniques, option tcchniquca, fu turca, oommoditica, private placements, and direct participation plans may not bo uaod in making equity invoatmcnta.
Xb) Notwithstanding the provisions of Code Section 33-11-21, the board of trustees of any local retirement system shall not be restricted to investing in those equities which have paid a cash dividend in at least three of the last five years preceding the purchase of such equities.
(c) Each local retirement ayatem shall adopt written guidelines and procedures for the investment of retirement system assets. 8uch written guidelines shall meet all re quircmcnts of general law and shall be adopted by ordinance or reaolution of the gov crning authority of the political subdivision, except that the guidelines and proccduroo for the investment of nsacta of a retirement ayotcm meeting the criteria dcacribcd in paragraphs (1) through (4) of subsection (c) of this Code section shall bo adopted by the governing body of the retirement ayatom. 8uch guidelines shall, at a minimum, ad drcas the investment goals of the retirement system, the authorized investments of system assets, the frequency of evaluation of retirement plan invcatmcnt returns, and the ratio between fixed income and equity investments of system assets.
(Kc) Nothing in this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law.
The state auditor shall monitor the investment activity of local retirement systems and shall submit a report to the Governor and the presiding officer of each chamber of the General Assembly describing the effect, if any, changes in investment policy have had on those systems. Such report shall be submitted not later than December 31, 2001."
SECTION 4.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-2-31, relating to the investment authority of the board of trustees of the Employees' Retirement System of Georgia and related matters, and inserting in lieu thereof the following:
"(a) The board of trustees shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that?
(1) Such such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance eompanioa in mailing and dispoaing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invcat in corporationa or in obligationa of corporations organized under the laws of this state or any other state or under the lawa of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board ohall not invcat more than 6 percent of the invcat mont portfolio in corporationa or in obligationa of corporations organized in a coun try other than the United Statco or Canada; and
(2) The board of truatcca shall not invest more than 60 percent of retirement system assets in equities."

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s

SECTION 5.

| Said title is further amended by striking in its entirety subsection (a) of Code Section 47-3-27, relating to the investment powers of the board of trustees of the Teachers Retirement System of Georgia and related matters, and inserting in lieu thereof the following:

"(a) The members of the board of trustees shall be the trustees of the retirement system and shall have full power to invest and reinvest its assets, subject to all the terms, conditions, limitations, and restrictions imposed by the lawa of this state upon domestic life inourcro in the malting and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invest in corporationa or in obligations of corpo rationa organized under the laws of this atatc or any other state or under the lawa of

to $100 million; provided, however, that the board shall not invest more than 6 per cent of the investment portfolio in corporationa or in obligationo of corporations organized in a country other than the United States or Canada. No more than 60 percent of retirement system asacts may be invented in equities. Subject to like restrictions, the board of trustees shall have the power to hold, transfer, and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The board of trustees is authorized to employ agents, including banks and trust companies, to act as investment advisors advisers and make investments if the board of trustees so authorizes."

SECTION 6.

Said title is further amended by striking in its entirety subsection (b) of Code Section 47-4-26, relating to the power of the board of trustees of the Public School Employees Retirement System over funds and related matters, and inserting in lieu thereof the following:

"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their invcatmonta Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invest in corporations or in obligations of corporationa organized under the laws of this state or any other state or under the Inwa of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 6 percent of the investment portfolio in corporations or in obligations of corporation organized in a country other than the United States or Canada. The board may not invest more than 60 percent of such funds in equities. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."

SECTION 7.

Said title is further amended by striking in its entirety subsection (a) of Code Section 47-5-24, relating to the powers and duties of the board of trustees of the Georgia Municipal Employees Benefit System, and inserting in lieu thereof the following:

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"(a) The board of trustees is authorized to invest and reinvest funds held by it in any investments which are legal investments for domestic insurance companies under the lawa of thia atatc or in any investments authorized for truatcca of private retirement plans by the Employees Retirement Income Security Act of 1074, aa amended under Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law'. The board of trustees shall have the discretion to decide the allocation of funds among such investments. The board of trustees is further authorized to purchase, acquire, hold, lease, sell, and convey real and personal property."
SECTION 8.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-7-23, relating to the powers and duties of the board of trustees of the Georgia Firefighters' Pension Fund, and inserting in lieu thereof the following:
"(b) The board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.'; provided, however, that the board may invest in corporations or in obligationa of corporationa organized under the lawa of thia atatc or any other atatc or under the lawa of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. The board shall be authorized to invest no more than 60 percent of the funds or aascta in equities and may not invest more than 6 per cent of the invcatmcnt portfolio in eorporationa or in obligations of corporations organ izcd in a country other than the United Statco or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and money belonging to the fund."
SECTION 9.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-11-23, relating to the control of the board of trustees of the Judges of the Probate Courts Retirement Fund over the assets of the fund and related matters, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the lawa of the atatc upon domestic life insurance companies in the making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' ; provided, however, that the board may invcat in corporations or in obligationa of eorporationa organized under the laws of thia atatc or any other atatc or under the lawa of any foreign country, but only if the corporation has a market capi talization equivalent to $100 million. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund; provided, however, that the board may invcat not more than 60 percent of the aaacta of the retirement fund in common atocka and may not invest more than 6 per cent of the invcatmcnt portfolio in corporations or in obligationa of eorporationa organ izcd in a country other than the United Statca or Canada."

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119

SECTION 10.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-14-23, relating to the investment powers of the board of trustees of the Superior Court Clerks' Retirement Fund and related matters, and inserting in lieu thereof the following:
"(b) The board of trustees shall have full power to invest and reinvest the assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the fund; provided, however, that?
(1) Such such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of thia state upon domestic life inaurancc companies in making and disposing of their investments Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the lawg of any foreign country, but only if the corporation hao a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada; and
(2) The board of truatcca ahall not invest more than 60 percent of fund nonets in

SECTION 11.
Said title is further amended by striking in its entirety subsection (a) of Code Section 47-16-26, relating to the power of the board of trustees of the Sheriffs' Retirement Fund of Georgia to control, invest, and expend funds and related matters, and inserting in lieu thereof the following:
"(a) The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds in investments which would be permissible for domcatic life inaurancc companies under the laws of this state, subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' provided, however, that the board may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; and provided, further, that the board may invest not more than 60 percent of the assets of the retirement fund in common stocks and equities and may not invcat more than 6 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada."
SECTION 12.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-17-23, relating to the investment authority of the board of trustees of the Peace Officers' Annuity and Benefit Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life inaurancc companies in the making and disposing of their invcat mcnto Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment

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Authority Law.' ; provided, however, that the board may invest in corporationa or in obligations of corporations organized under the lawa of thia atatc or any other state or under the lawo of any foreign country, but only if the corporation has a market capi taligation equivalent to $100 million; and provided, further, that the board may invest not more than 60 percent of the aascta of the fund in common atocka and cquitica and may not invcat more than 6 percent of the investment portfolio in corporations or in obligations of eorporationa organized in a country other than the United States or Oa nada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 13.
Said title is further amended by striking in its entirety subsection (b) of Code Section 47-23-22, relating to the control of the board of trustees of the Georgia Judicial Retirement System over funds and related matters, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of thia atatc upon domestic life insurance companies in the moiling and diapoaing of their invcat meata Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' except that the board of truatcca may invcat in eorporationa or in obli gationa of corporationa organized under the laws of thia state or any other atatc or under the laws of any foreign country, but only if the corporation has a market capi talization equivalent to $100 million; provided, however, that the board shall not in vest more than 6 percent of the investment portfolio in corporationa or in obligations of corporationa organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 14.
Said title is further amended by striking in its entirety subsection (d) of Code Section 47-1-3, relating to the power of local retirement systems to hire an actuary and related matters, and inserting in lieu thereof the following:
"(d) Once every two years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal, and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on October 1, 1996, and every two years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state

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121

auditor an actuarial investigation meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word 'insurance' and the word "insurer" shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this subsection or financial reports under this Code section. In lieu of such actuarial investigations and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every two years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and subsections (o) through (j) of thia Code section or financial reports under this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Municipal Employees Benefit System as provided in this subsection. Nothing in this subsection shall be construed as to exempt either the Georgia Municipal Employees Benefit System or the Association County Commissioners of Georgia from the provisions of Code Section 47-20-4."
SECTION 15.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 16.
All laws and parts of laws in conflict with this Act are repealed.

Representative Cummings of the 27th moved that the House agree to the Senate substitute to HB 617.

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 Y 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 Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day

Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Hammontree

Y Banner Y Harbin E Harrell Y Heard
Heckstall Y Hegstrom
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 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 E McBee
McCall

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

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

Y Sauder Y Scarlett Y Scheid Y Scott 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
Stuckey Y Taylor
Teague Y Teper
Tillman

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

On the motion, the ayes were 155, nays 0. The motion prevailed.

Representatives Wix of the 33rd and Hembree of the 98th 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 Parham of the 122nd moved that the following Bill of the House be taken from the table:

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.

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

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

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

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

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

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

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

MONDAY, JANUARY 24, 2000

N Scott Y 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

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 Y Stokes N Stuckey Y Ikylor
Teague Y Teper Y Tillman N Tolbert N Trense N Turnquest Y Twiggs E Unterman

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

On the motion, the ayes were 89, nays 74. The motion prevailed.
Representatives Hembree of the 98th and Alien of the 117th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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
By adding between lines 6 and 7 of page 1 the following: "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 subparagraphs to read as follows:

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'(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 Controlled Substances Act." "

Representative Porter of the 143rd moved that the House agree to the Senate amendments to HB 577.

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

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

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

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

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

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 Y Taylor Y Teague Y Teper Y Tillman N Tolbert N Trense N Turnquest Y Twiggs E Unterman Y Walker, L N Walker, R.L Y 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 85, nays 83.
The motion was lost.
Under the general order of business, the following Bill of the Senate was taken up for consideration and read the third time:
SB 176. By Senators Land of the 16th, Meyer von Bremen of the 12th and Hecht of the 34th: A bill to amend Titles 9 and 15 of the Official Code of Georgia Annotated, relating respectively to civil practice and the courts, so as to provide for a system of gathering, processing, transmission, compilation, and analysis of

MONDAY, JANUARY 24, 2000

125

information relating to civil and criminal cases; to provide for the design, completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties.

The following Committee substitute was read:
A BILL
To amend Titles 9 and 15 of the Official Code of Georgia Annotated, relating respectively to civil practice and the courts, so as to provide for a system of providing, transmission, compilation, and analysis of information relating to civil cases; to provide for the filing of civil case filing and disposition forms; to set out such forms; to provide for legible typing, printing, or stamping of the judge's name and title on judgments; to provide for instances of sealed information; to provide for duties and authority of the Georgia Courts Automation Commission relating to a courts automation system; to provide for authority and duties of clerks of the superior courts and state courts, The Council of Superior Court Clerks of Georgia, the Administrative Office of the Courts, the Georgia Courts Automation Commission, and the Georgia Superior Court Clerks' Cooperative Authority relating to civil case information; to provide for ownership of certain data; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-11-3, relating to commencement of actions, and inserting in its place the following:
"9-11-3.
(a) A civil action is commenced by filing a complaint with the court.
(b) At the time of filing, or as soon as practicable thereafter, the complaint for a civil action in superior court or state court, the plaintiff shall file with the clerk of the court the appropriate civil case filing form. The form shall be substantially in the form prescribed in Code Section 9-11-133. The filing of the complaint shall not be delayed for the filing of the case filing form."
SECTION 2.
Said title is further amended by striking in its entirety Code Section 9-11-58, relating to entry of judgment, and inserting in its place the following:
"9-11-58.
(a) Signing. Except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk. The signature of the judge shall be followed by the spelling of the judge's name and title legibly typed, printed, or stamped. The failure of the judgment to have the typed, printed, or stamped name of the judge shall not invalidate the judgment.
(b) When judgment entered. The filing with the clerk of a judgment, signed by the judge, constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection. At the time of the filing of the final judgment, a civil case disposi-

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tion form shall be filed by the prevailing party or by the plaintiff if the case is settled, dismissed, or otherwise disposed of without a prevailing party. The form shall be substantially in the form prescribed in Code Section 9-11-133. If any of the information required by the form is sealed by the court, the form shall state that fact and the information under seal shall not be provided. The entry of the judgment shall not be delayed for the taxing of costs or the filing of the case disposition form."
SECTION 3.
Said title is further amended by adding after Code Section 9-11-132 a new Code section to be designated Code Section 9-11-133, to read as follows:
"9-11-133.

(a) The forms set out in subsections (b), (c), (d) and (e) or forms substantially similar to such forms are sufficient to meet the requirements for civil case filing and disposition forms. The civil case forms set out in Exhibit F of the 'Report and Recommendations of the 1997-1998 Court Filings Committee' published by the State Bar of Georgia and dated May 15, 1998, are substantially similar to the forms set out in this Code section.

(b) General Civil Case Filing Information Form.

GENERAL CIVIL CASE FILING INFORMATION FORM (NONDOMESTIC)

Court

__ Superior County ________ State

Date filed . mm-dd-yyyy

Docket no. _______________

Plaintiffs) (last, suffix, first, middle initial, maiden)
1. _____________________ 2. _____________________ 3. _____________________ 4. _____________________

Defendant(s) (last, suffix, first, middle initial, maiden)
1. _____________________ 2. _____________________ 3. _____________________ 4. _____________________

Plaintiff/petitioner's attorney ____________________ __Pro Se Bar #

No. of plaintiffs ______

No. of defendants

CHECK PRIMARY CASE TYPE: (Check only ONE) _ Contract/Account _ Wills/Estate _ Real Property _ Dispossessory/Distress _ Personal Property _ Equity _ Habeas Corpus

IF TORT IS CASE TYPE: (Check no more than TWO) _ Auto Accident _ Premises Liability _ Medical Malpractice _ Other Professional
Negligence _ Product Liability _ Other (specify) _____

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127

_ Appeals, Reviews _ Postjudgment Garnish-
ment, Attachment, or Other Relief _ Nondomestic Contempt _ Tort (If tort, fill in right column) _ Other General Civil (specify)_________

_________________ Are punitive damages pleaded?
__ Yes __ No

(c) Domestic Relations Case Filing Information Form.

DOMESTIC RELATIONS CASE FILING INFORMATION FORM

Court

__ Superior County

Date filed mm-dd-yyyy

Docket no.

Plaintiffs) (last, suffix, first, middle initial, maiden)
1. _____________ 2. _____________

Defendant(s) (last, suffix, first, middle initial,
maiden)
1. ______________ 2. ______________

Plaintiff/Petitioner's attorney Bar #

Pro Se

CHECK CASE TYPE: (one or more) _ Divorce (includes
annulment) _ Separate Maintenance _ Adoption _ Paternity (includes
legitimation) _ Interstate Support
Enforcement Action _ Domestication of
Foreign Custody Decree _ Family Violence Act
Petition MODIFICATION
_ Modification - Custody and/or Visitation
_ Modification - Child Support and Alimony
_ Modification - Child Support
_ Modification - Alimony

FAMILY VIOLENCE Additional information Ex Parte Relief
Did the initial pleading include a request for relief: 1. From alleged family
violence? _Yes _No 2. Was ex parte relief
requested? _Yes _No 3. Was ex parte relief
granted? _Yes _No

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CONTEMPT _ Contempt - Custody
and/or Visitation _ Contempt - Child
Support and Alimony _ Contempt - Child Support _ Contempt - Alimony _ Other Domestic Contempt

(d) General Civil Case Final Disposition Form.

GENERAL CIVIL CASE FINAL DISPOSITION FORM (NONDOMESTIC)

Court

__ Superior County ________ __ State

Date ______ disposed mm-dd-yyyy

Docket no. _______________

Reporting party _____________ _____________

(Name)

(Title)

Name of plaintiff/petitioners)

Plaintiff/petitioner's attorney _Pro Se Bar #

Name of defendant/respondents)

Defendant/respondent's attorney _Pro Se Bar #

TYPE OF DISPOSITION 1. _Pretrial Dismissal
(specify which type) A. _Involuntary B. _Voluntary (without
prejudice) C. _Voluntary (with
prejudice) 2. _Pretrial Settlement 3. _Default Judgment 4. _Summary Judgment 5. _Transferred/
Consolidated 6. _Bench Trial 7. _Jury Trial (specify
outcome further)

AWARD 1. If verdict for plaintiff,
how much was awarded? $______ compensatory $______ punitive 2. If verdict on cross or counter claims, how much was awarded? $______ compensatory $______ punitive 3. Did the court modify the award?
Yes __No 4. Were attorneys fees
awarded? Yes __No

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129

A. _Dismissal after jury selected
B. _Settlement during trial
C. _Judgment on Verdict D. _Directed Verdict or
JNOV
1. Judgment on verdict. Was the verdict: A. _For plaintifRsXall) B. _For defendant(s)(all) C. _Other: (explain)___ _______________

___________________ ADR
1. Was ADR utilized? Yes __No
2. If yes, was it (check if applicable):
__ court annexed? __ court mandated? 3. Did the matter settle after trial for other than judgment? (If known at the time of this submission)
Yes No

(e) Domestic Relations Case Final Disposition Information form.

DOMESTIC RELATIONS CASE FINAL DISPOSITION INFORMATION FORM

Court

__ Superior County ________

Date disposed mm-dd-yyyy

Docket no. _______________

Reporting party . (Name)

(Title)

Name of plaintifl7petitioner(s)

Plaintiff/petitioner's attorney _Pro Se Bar#

Name of defendant/respondents)

Defendant/respondent's attorney _Pro Se Bar*

TYPE OF DISPOSITION
1. Dismissed Without Final Order A. _Voluntary (by parties) B. _Involuntary (by court)
2. _Pretrial Settlement 3. _Judgment on the

RELIEF GRANTED (Check all that apply) 1. _Ex Parte Relief 2. __Temporary Relief 3. _Final Relief
A. _Divorce/Annulment/ Separate Maintenance
B. _Child Custody C. _Visitation D. _Child Support

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Pleadings 4. _Summary Judgment 5. _Trial
A. Bench Trial B. Jury Trial
1. _Dismissal after jury selected
2. _Settlement during trial
3. _Judgment on Verdict
4. _Directed Verdict or JNOV

E. _Legitimation/ Paternity
F. _Alimony G. _Contempt H. _Equitable Division I. _Restraining Order
__Person __Property J. _Adoption K. _Other (specify)___
4. _Dismissed prior to granting of relief. ____________ ADR
1. Was mediation utilized? __Yes __No
2. If yes, was it (check if applicable): _court annexed? _court mandated?"

SECTION 4.

Title 15 of the Official Code of Georgia Annotated, relating to the courts, is amended by striking in its entirety Code Section 15-5-24, relating to the duties of the Administrative Office of the Courts, and inserting in lieu thereof the following:
"15-5-24.

Under the supervision and direction of the Judicial Council, the Administrative Office of the Courts shall perform the following duties:

(1) Consult with and assist judges, administrators, clerks of court, and other officers and employees of the court pertaining to matters relating to court administration and provide such services as are requested;

(2) Examine the administrative and business methods and systems employed in the offices related to and serving the courts and make recommendations for necessary improvement;

(3) Compile statistical and financial data and other information on the judicial work of the courts and on the work of other offices related to and serving the courts, which data and information shall be provided by the courts;

(4) Analyze data relating to civil cases collected pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and provide such data, analysis, or both data and analysis to the courts and agencies of the judicial branch, agencies of the executive branch, and the General Assembly;

(4X5) Examine the state of the dockets and practices and procedures of the courts and make recommendations for the expedition of litigation;

(6K6) Act as fiscal officer and prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system;

(6X7) Formulate and submit recommendations for the improvement of the judicial system;

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131

(?X8) Perform such additional duties as may be assigned by the Judicial Council; and
(8X9) Prepare and publish an annual report on the work of the courts and on the activities of the Administrative Office of the Courts."
SECTION 5.
Said title is further amended by striking in its entirety Code Section 15-5-82, relating to the duties of the Georgia Courts Automation Commission, and inserting in lieu thereof the following:
"15-5-82.
(a) The commission shall be authorized to:
(1) Define, implement, and administer a state-wide courts automation system baaed on but not limited to the existing Georgia Online (GO) Network adminiatcrcd by the commissioner of adminiatrativc services, including data collection and entry into the system, networking, data storage, asd processing, aftd information retrieval, processing, and distribution;
(2) Coordinate and cooperate with the state's chief information officer with regards to planning, implementation, and administration of a state-wide courts automation system to take advantage of existing state resources where possible;
(3) Receive electronic data from the civil case filing and disposition forms that are required to be filed in civil cases pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58 and that are transmitted to the commission by the Georgia Superior Court Clerks' Cooperative Authority in a format and media agreed to by the commission and the authority;
(4) Compile the civil filings and dispositions data, and provide such data to the the Administrative Office of the Courts;
(5) Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties specified in this paragraph and paragraphs (2), (3), and (4) of this subsection and for the release of the information from civil case filing and disposition forms;
(3X6) Administer federal, state, local, and other public or private funds made available to it for implementation of the courts automation system;
(3X7) Coordinate state-wide strategies and plans for incorporating county and local governments into the courts automation system, including review of requirements of the several state agencies for documents, reports, and forms and the consolidation, elimination, or conversion of such documents, reports, and forms to formats compatible with electronic transmittal media;
(4X8) Establish policies and procedures, rules and regulations, and technical and performance standards for county and local government access to the courts automation system network; and
(6X9) Offer advisory services to county and local governments to assist in guiding their efforts towards toward automating their court procedures and operations.

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(b) The chairman chairperson of the commission may designate and appoint committees to perform such functions as he or she may determine to be necessary. The commission may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to implement the courts automation system in a deliberate, effective, and timely manner. The commission shall make an annual report of its progress to the Chief Justice, the Governor, the President of the Senate, and the Speaker of the House of Representatives.
(c) The commission may use the funds available to it for providing to the eourta judicial branch, officials, authorities, agencies, or instrumentalities of this state or a political subdivision of this state access to data bases which are;
(1) Beneficial beneficial to the operation of the courtst-es-
(2) Accessible through the Georgia Online (GO) Network and are accessible through the commission or through the GeorgiaNet Authority, provided that access to any such data base shall be conditioned upon the consent of the department, agency, or other entity having the right to grant such access. The commission may also expend funds to upgrade components of the Georgia Online (GO) Network as necessary for appropriate access thereto to such data bases by the courts.
(d) Nothing in this article shall be so construed as to require any office of a court to accept additional workload generated by establishment of an electronic transfer of information capability from any other office of the county or local government, including court offices. Each such office shall continue to have sole responsibility for transmitting information required of it, either manually or electronically."
SECTION 6.
Said title is further amended in Code Section 15-6-61, relating to duties of clerks of the superior courts, by striking the word "and" at the end of paragraph (15) of subsection (a), designating paragraph (16) as paragraph (19) and inserting new paragraphs to be designated paragraphs (16), (17), and (18) so that paragraphs (15) through (19) read as follows:
"(15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 156-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate data for any such information systems established by such authority so as to provide for public access to real estate information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system. Each clerk of the superior court shall provide and transmit real estate information to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority; tes4
(16) To file and transmit all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58;
(17) To transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11133;

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133

in agree for the performance of the duties provided in paragraphs (16) and (17) of this subsection; and
(16X19) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court."
SECTION 7.
Said title is further amended in Code Section 15-6-94, relating to the Georgia Superior Court Clerks' Cooperative Authority, by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof the following:
"(3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors:
(A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity;
(B) Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services, supplies, and materials;
(C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and
(D) Such other factors as are in the public interest and welfare.
The authority shall be the sole owner of its compiled and developed information compiled or developed through any function performed or any program or system administered by, or on behalf of; the authority. For the purposes of this subsection the authority shall not be considered the sole owner of information developed pursuant to Code Section 15-6-97.1."
SECTION 8.
Said title is further amended in Chapter 6, relating to superior courts, by adding a new Code section to be designated Code Section 15-6-97.1 to read as follows:
"15-6-97.1.
(a) The Georgia Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia, in agreement with the Georgia Courts Automation Commission and the Administrative Office of the Courts, shall participate in the development and operation of the civil case filing and disposition information system described in paragraph (4) of Code Section 15-5-24 and paragraphs (2), (3), (4), and (5) of subsection (a) of Code Section 15-5-82. The authority shall provide such data in electronic format to the Georgia Courts Automation Commission within three days of receipt. The media and format shall be determined by the authority and the commission.

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(b) The authority shall have the power to use funds available and participate in agreements, contracts, and networks necessary or convenient for the performance of the duties described in subsection (a) of this Code section."

SECTION 9.

Said title is further amended in Article 3 of Chapter 7, relating to practice and procedure in state courts of counties, by inserting a new Code section to be designated Code Section 15-7-50 to read as follows:
"15-7-50.

Clerks of state courts are authorized and directed to:

(1) File and enter all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 911-58;
(2) Transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11-133; and

(3) Participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (1) and (2) of this Code section."

SECTION 10.

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

The following amendments were read and adopted:

Representative Stuckey of the 67th moves to amend the Committee substitute to Senate Bill 176 by inserting in the title, immediately before the phrase "to provide for other related matters" the following:
"to provide for applicability;".
By inserting immediately following the end of Section 9 the following:
"SECTION 10.
Sections 1, 2, and 3 of this Act are applicable to civil actions commenced in superior or state court on or after July 1, 2000."
By renumbering Section 10 as Section 11.
Representatives Stokes of the 92nd and Martin of the 47th moves to amend the Committee substitute to SB 176 as follows:
By striking lines 29 through 32 on page 1 and inserting in lieu thereof the following:

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135

(b) "At the time of filing the complaint for a civil action in superior court or state court, or as soon as practicable thereafter, the plantiff shall file the appropriate civil case filing form with the clerk of the court."

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 E Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey E McBee Y McCall
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 Eagas Y Randall Y Ray Y Reaves E 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 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 E 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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Health and Ecology:

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HB 1120. By Representatives Dean of the 48th, McClinton of the 68th, Randall of the 127th, Sholar of the 179th and Holmes of the 53rd:
A bill to amend Code Section 16-12-2 of the Official Code of Georgia Annotated, relating to smoking in public places, so as to extend the smoking prohibition to certain health care institutions.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 following Senate substitute was read: 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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to the place of sessions and terms of the Supreme Court of Georgia, is amended by striking subsections (b) and (c) of said Code section and inserting in lieu thereof the following:
"(b) Unless the Supreme Court by rule or order chooses to extend its terms of court, the terms shall be as follows:
(1) January term beginning the first Monday in January;
(2) April term beginning the first third Monday in April; and
(3) September term beginning the first Monday in September.
(c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the September term shall end on December 38 16, the January term shall end on April 14, and the April term shall end on July 31. No judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of first-term cases may be made during nonterm periods."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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137

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 804.

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 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 Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree 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
Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey E 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

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
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 Smith, P Smith, T
Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs E 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 Y Murphy, Spkr

On the motion, the ayes were 157, nays 0. The motion prevailed.
The following Resolutions of the House were read and adopted:
HR 822. By Representatives Jamieson of the 22nd, Porter of the 143rd, Mosley of the 171st, Byrd of the 170th and Coan of the 82nd: A resolution commending Ms. Suttiwan Cox, Ms. Amy Denty, Mr. Mike Stanton, and Ms. Kimberly Stewart.

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HR 823. By Representatives Buck of the 135th, Mosley of the 171st, Parrish of the 144th, Connell of the 115th, Coleman of the 142nd and others:
A resolution recognizing and commending the members of the State Medical Education Board.

HR 824. By Representatives Jamieson of the 22nd, Smith of the 109th and Porter of the 143rd:
A resolution commending Mr. Earl Cosby.

HR 825. By Representatives Bannister of the 77th, Callaway of the 81st, Rice of the 79th, Mills of the 21st, Massey of the 86th and others:
A resolution commending Nonnie McClellan.

HR 826. By Representatives Bannister of the 77th, Rice of the 79th, Callaway of the 81st, Mills of the 21st, Massey of the 86th and others:
A resolution commending Maude Maddox.

HR 827. By Representative Rogers of the 20th: A resolution expressing regret at the passing of Pierce Jackson Hancock, Jr.

HR 828. By Representatives Snelling of the 99th, Hembree of the 98th, Irvin of the 45th, Walker of the 141st and Murphy of the 18th:
A resolution commending Cynthia A. Burnett, Douglas County School System's 2000 Teacher of the Year.

HR 829. By Representative Rogers of the 20th: A resolution commending Kingsley Barrett.

HR 830. By Representatives Snelling of the 99th, Hembree of the 98th, Irvin of the 45th, Smith of the 19th, Walker of the 141st and others:
A resolution commending Sergeant Major Judith A. Cole.

HR 831. By Representative Murphy of the 18th:
A resolution recognizing and congratulating the Republic of China on Taiwan on the occasion of its 88th anniversary.

HR 832. By Representative Hembree of the 98th:
A resolution commending the Lithia Springs High School Scholar Bowl Team.

HR 833. By Representatives Lord of the 121st and Hudson of the 120th: A resolution commending Mr. Fred Davis.

HR 834. By Representative Scheid of the 17th:
A resolution recognizing Wednesday, February 2, 2000, as "Colony Homes Day" at the state capitol.

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139

HR 835. By Representatives Jamieson of the 22nd and Porter of the 143rd:
A resolution commending Andy Baumgartner, 1999 National Teacher of the Year.

HR 836. By Representatives Twiggs of the 8th, Jenkins of the 110th, Poag of the 6th, Whitaker of the 7th, Day of the 153rd and others:
A resolution commending police chiefs and other heads of law enforcement agencies in this state and observing a day of recognition.

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

Mr. Speaker:

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

HB 1132 Do Pass HB 1138 Do Pass, by Substitute HB 1139 Do Pass HB 1140 Do Pass

HB 1141 Do Pass HB 1142 Do Pass HB 1182 Do Pass

Respectfully submitted, Is/ Reaves of the 178th
Chairman

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

Mr. Speaker:

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

HB 453 Do Pass, by Substitute HB 654 Do Pass HB 799 Do Pass, by Substitute HB 908 Do Pass, by Substitute

HB 999 Do Pass, by Substitute HB 1046 Do Pass HB 1089 Do Pass HB 1148 Do Pass

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

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

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Representative Hall, Atlanta, Georgia Tuesday, January 25, 2000
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order hy the Speaker.
The roll was called and the following Representatives answered to their names:

Alien Anderson Ashe Bailey Bannister Barnard
Barnes Benefield Birdsong Bohannon
Borders Bridges Brown
Buck E Bunn
Byrd Callaway Campbell Cash
Channell Childers Clark Coleman, B Coleman, T Connell
Cox

Crawford Cumtnings Davis, M Davis, T
DeLoach, B DeLoach, G Dixon Dodson Ehrhart
Everett Felton Franklin Golick
Greene Hammontree
Hanner Harbin E Harrell
Heard Heckstall Hembree Holland
Howard Hudgens
Hudson, H Hudson, N

Hugley Jackson, B Jackson, L James
Jennings Joyce Kaye Lane Lewis Lord
Maddox Mann
Manning Martin, J E McBee McClinton
McKinney Millar Mills Mobley Morris
Mosley CWeal Parrish Parsons Pelote

Pinholster Porter Powell Purcell
Ray Reaves Reece Reed Reese
Rice Richardson Roberts Rogers
Royal Sanders
E Scarlett Scheid Scott
Shaw Shipp Sholar Sims Skipper Smith, C
Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling
Snow E Squires
Stancil Stanley, P E Stokes
Taylor Teper Tillman
Tolbert Trense Turnquest Unterman
Walker, L Watson
West Westmoreland Wiles Williams, J Williams, R Wix
Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Jones of the 71st, Parham of the 122nd, Houston of the 166th, Randall of the 127th, Mueller of the 152nd, Orrock of the 56th, Sauder of the 29th, Whitaker of the 7th, Shanahan of the 10th, Twiggs of the 8th, Walker of the 87th, Stuckey of the 67th, Smyre of the 136th, Martin of the 145th, Evans of the 28th, Holmes of the 53rd, Bordeaux of the 151st, Irvin of the 45th, Stanley-Turner of the 50th, Graves of the 125th, McCall of the 90th, Smith of the 91st, Day of the 153rd, Smith of the 19th, Bulloch of the 180th, Hegstrom of the 66th, Massey of the 86th, Coan of the 82nd, Burkhalter of the 41st, Ponder of the 160th, Brooks of the 54th, Henson of the 65th, Buckner of the 95th, Sinkfield of the 57th, Reichert of the 126th, Lucas of the 124th, Teague of the 58th, Stephens of the 150th, Cooper of the 31st and Poag of the 6th.
They wish to be recorded as present.
Prayer was offered by the Reverend Lorenzo L. Heard, Pastor, Greater Second Olive Baptist Church, Albany, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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141

By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1212. By Representatives Powell of the 23rd, Hudson of the 156th, Floyd of the 138th, Channell of the lllth, Pinholster of the 15th and others: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to exempt the purchase, sale, or lease of certain hospitals having fewer than 100 beds from certain restrictions relating to those transactions.
Referred to the Committee on Health & Ecology.
HB 1213. By Representatives Powell of the 23rd, Hudson of the 156th, Floyd of the 138th, Channell of the lllth, Pinholster of the 15th and others: A bill to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemption for certificates of need, so as to exempt new obstetrical services offered by hospitals having bed capacities under 100 beds.
Referred to the Committee on Health & Ecology.
HB 1214. By Representatives Channell of the lllth, Coleman of the 142nd, Parrish of the 144th, Walker of the 141st and Skipper of the 137th: A bill to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, creating the PeachCare for Kids Program, so as to change the provisions relating to eligibility; to provide for Department of Education and local boards of education cooperation and assistance with regard to the program.
Referred to the Committee on Appropriations.

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HB 1215. By Representatives Channell of the lllth, Walker of the 141st, Coleman of the 142nd, Parrish of the 144th and Parham of the 122nd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the assignment of certain corporate income tax credits; to provide for assignment between additional types of affiliated entities.
Referred to the Committee on Ways & Means.

HB 1216. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend an Act creating the State Court of Cherokee County, so as to provide for an additional judge of the State Court of Cherokee County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1217. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and Jamieson of the 22nd:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, so as to change the provisions relating to qualification of property as bona fide conservation use property; to change the provisions relative to the ownership of such property and the gross income derived by a family owned farm entity.
Referred to the Committee on Ways & Means.

HB 1218. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A bill to amend an Act creating a new Board of Commissioners of Franklin County, so as to provide that the office of chairperson shall be a part-time position; to provide for one mandatory monthly meeting of the board of commissioners; to change the method of filling vacancies on the board; 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 1219. By Representatives Jamieson of the 22nd, Smyre of the 136th, Benefield of the 96th, Parrish of the 144th, Parham of the 122nd and others:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment.
Referred to the Committee on Insurance.

HB 1220. By Representatives Holmes of the 53rd and Martin of the 47th: A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 25, 2000

143

HB 1221. By Representatives Powell of the 23rd, Manner of the 159th, Buck of the 135th, Harbin of the 113th, Sauder of the 29th and others:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to authorize the owner or operator of a building containing four or more residential units to charge tenants separately for water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility.
Referred to the Committee on Natural Resources & Environment.

HB 1222. By Representatives Mosley of the 171st, Byrd of the 170th and Sims of the 167th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to registration and license requirements; to make certain special rules of the road provisions that apply to mopeds applicable also to all-terrain vehicles.
Referred to the Committee on Motor Vehicles.

HB 1223. By Representatives Stancil of the 16th, Pinholster of the 15th, Ehrhart of the 36th and Evans of the 28th:
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 income tax credits with respect to telecommuting.
Referred to the Committee on Ways & Means.

HB 1224. By Representatives Stancil of the 16th and Royal of the 164th: A bill to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioners's determination of the valuation of motor vehicles.
Referred to the Committee on Ways & Means.

HB 1225. By Representative Teper of the 61st:
A bill to amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," relating to redevelopment powers of local governments, so as to extend the ability to use the redevelopment powers granted by said chapter to areas other than urbanized and developed areas.
Referred to the Committee on State Planning & Community Affairs.

HB 1226. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend the Act creating the Lamar County Livestock and Agricultural Exposition Authority so as to provide that such authority is established for a purpose exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to provide for distribution of authority assets upon dissolution; to prohibit certain political activity by the authority.

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Referred to the Committee on State Planning & Community Affairs - Local.

HB 1227. By Representatives Williams of the 114th, Connell of the 115th, Harbin of the 113th, Jackson of the 112th, DeLoach of the 119th and others:
A bill to amend Code Section 48-5-380, relating to refunds of taxes and license fees by counties and municipalities, so as to change the time in which claims for refunds of taxes alleged to have been erroneously or illegally assessed or collected or to have been overpaid may be made.
Referred to the Committee on Ways & Means.

HB 1228. By Representatives Day of the 153rd, Coleman of the 142nd, Jamieson of the 22nd, Whitaker of the 7th and Twiggs of the 8th:
A bill to amend Code Section 40-14-8 of the Official Code of Georgia Annotated, relating to when a speeding case based on the use of any speed detection device may be made and a conviction had, so as to provide that with respect to any traffic offense of speeding on a federal interstate highway based on the use of any speed detection device, a person convicted of exceeding the speed limit shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $50.00.
Referred to the Committee on Public Safety.

HB 1229. By Representatives Coleman of the 142nd, Dixon of the 168th, Twiggs of the 8th and Epps of the 131st:
A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for enforcement of such provisions by special agents or enforcement officers of the state revenue commissioner.
Referred to the Committee on Public Safety.

HB 1230. By Representatives Coleman of the 142nd, Parrish of the 144th and Porter of the 143rd:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide for the inclusion of the State Board of Technical and Adult Education.
Referred to the Committee on Appropriations.

HB 1231. By Representatives Parrish of the 144th, Stallings of the 100th, Ragas of the 64th, Floyd of the 138th and Howard of the 118th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change certain definitions; to change certain notice requirements for a merger when a party is a failed or failing bank; to allow the Department of Banking and Finance to modify certain qualifying or limiting requirements imposed by this chapter; to expand certain operating powers of banks and trust companies.
Referred to the Committee on Banks & Banking.

TUESDAY, JANUARY 25, 2000

145

HB 1232. By Representatives Jennings of the 63rd, O'Neal of the 75th, Davis of the 60th, McClinton of the 68th, Mobley of the 69th and others:
A bill to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds.
Referred to the Committee on Ways & Means.

HB 1233. By Representatives Scarlett of the 174th, Harbin of the 113th, Graves of the 125th, Martin of the 145th, Stephens of the 150th and others:
A bill to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to income tax rates with respect to individual taxpayers, so as to provide for a marriage reduction in the otherwise applicable rate.
Referred to the Committee on Ways & Means.

HB 1234. By Representatives Stephens of the 150th, Childers of the 13th, West of the 101st, Jones of the 71st, Parham of the 122nd and others: A bill to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to change the provisions relating to applicability.
Referred to the Committee on Health & Ecology.

HB 1235. By Representatives Childers of the 13th, McClinton of the 68th, Epps of the 131st, Smith of the 103rd, Smyre of the 136th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff.
Referred to the Committee on Health & Ecology.

HB 1236. By Representatives Hudgens of the 24th, Royal of the 164th, Tolbert of the 25th, McCall of the 90th, Massey of the 86th 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 or use of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised.

January 24, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1236. This notice is made prior to or upon reading the bill the first time.

/s/ Ralph T. Hudgens Representative 24th District
Referred to the Committee on Ways & Means.

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HB 1237. By Representative Hembree of the 98th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to change the provisions relating to appeals to the superior courts; to repeal the right of appeal of the county board of tax assessors.
Referred to the Committee on Ways & Means.

HB 1238. By Representative Hembree of the 98th:
A bill to amend Code Section 40-2-41.1 of the Official Code of Georgia Annotated, relating to authentic historical Georgia license plates, so as to change the definition of authentic historical Georgia license plates; to change the provisions relating to vehicles which may display such license plates.
Referred to the Committee on Motor Vehicles.

HR 816. By Representatives Scarlett of the 174th, Hanner of the 159th, Lane of the 146th, Smith of the 175th, Barnard of the 154th and others: A resolution urging the National Oceanic and Atmospheric Administration to adopt a new management plan which keeps Gray's Reef open for public fishing and enjoyment.
Referred to the Committee on Game, Fish & Parks.

HR 817. By Representatives Smith of the 103rd, West of the 101st, Stallings of the 100th, Epps of the 131st, Westmoreland of the 104th and others: A resolution creating and continuing the Joint West Georgia River Protection Act Study Committee.
Referred to the Committee on Rules.

HR 840. By Representatives Twiggs of the 8th and Coan of the 82nd: A resolution designating a portion of State Highway 246 as the Larry McClure Scenic Highway.
Referred to the Committee on Transportation.

The Speaker Pro Tern assumed the Chair.

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

HB 1108 HB 1188 HB 1189 HB 1190 HB 1191 HB 1192 HB 1193 HB 1194

HB 1195 HB 1196 HB 1197 HB 1198 HB 1199 HB 1200 HB 1201 HB 1202

TUESDAY, JANUARY 25, 2000

147

HB 1203 HB 1204 HB 1205 HB 1206 HB 1207 HB 1208

HB 1209 HB 1210 HB 1211 HR 811 HR 812 HR 815

Pursuant to Rule 52, Representative Jenniiigs of the 63rd moved that the following Bill of the House be engrossed:

HB 1202. By Representatives Jennings of the 63rd, Smith of the 12th, Buck of the 135th, Scarlett of the 174th and Jamieson of the 22nd:
A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment, deficiencies, assessment, and collection of income taxes, so as to provide for the payment of interest on refunds of overpayments of state income tax at the same interest rate as with respect to underpayments.
The motion prevailed.

Pursuant to Rule 52, Representative Jennings of the 63rd moved that the following Bill of the House be engrossed:

HB 1203. By Representatives Jennings of the 63rd, Smith of the 12th, Buck of the 135th, Scarlett of the 174th and Birdsong of the 123rd:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the armed services of the United States stationed outside the United States as a result of military orders shall not be subject to state income tax.
The motion prevailed.

Pursuant to Rule 52, Representative Poag of the 6th moved that the following Bill of the House be engrossed:

HB 1210. By Representatives Poag of the 6th and Jenkins of the 110th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from sales and use taxes for certain sales of coins or currency, and for certain sales of gold, silver, or platinum bullion.
The motion prevailed.

Pursuant to Rule 52, Representative Skipper of the 137th moved that the following Resolution of the House be engrossed:

HR 815. By Representatives Skipper of the 137th and Walker of the 141st: A resolution to amend the Rules of the House of Representatives.
The motion prevailed.

148

JOURNAL OF THE HOUSE

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 820 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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

Mr. Speaker:

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

SB 27. By Senators Johnson of the 1st, Marable of the 52nd, Smith of the 25th and Jackson of the 50th:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that any warrant for the arrest of a teacher or school administrator 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; to provide for an effective date and for applicability.

SB 294. By Senators Cheeks of the 23rd, Broun of the 46th, Harbison of the 15th and others:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to create the criminal offense of unlicensed commercial loansharking; to define the elements of such offense as making certain numbers of loans which violate the criminal usury statute; to provide for investigatory jurisdiction of the administrator of the "Fair Business Practices Act of 1975"; to provide for authority of the Attorney General to initiate and refer prosecutions; to prescribe criminal penalties and punishment, including restitution; to provide for other related matters; to provide for an effective date and applicability.

HB 76. By Representatives Walker of the 141st, Bohannon of the 139th and Floyd of the 138th:
A bill to amend Subpart 1 of Part 3 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Hall of Fame, so as to change provisions relating to the function and authority of the hall of fame; to provide that the hall of fame shall be the official state repository for aviation history.

TUESDAY, JANUARY 25, 2000

149

HB 649. By Representative Connell of the 115th:
A bill to amend Code Section 16-13-32.5 of the Official Code of Georgia Annotated, relating to manufacturing, distributing, dispensing, or possessing a controlled substance, marijuana, or a counterfeit substance within 1,000 feet of a park or housing project, so as to provide a penalty for the violation of one of two prohibited activities.

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

HB 518. By Representative Royal of the 164th:
A bill to amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay revenue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to change certain provisions for the disposition of certain interest.

HB 523. By Representatives Royal of the 164th and Buck of the 135th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value.

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

SB 27. By Senators Johnson of the 1st, Marable of the 52nd, Smith of the 25th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that any warrant for the arrest of a teacher or school administrator 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; to provide for an effective date and for applicability.
Referred to the Committee on Judiciary.

SB 294. By Senators Cheeks of the 23rd, Broun of the 46th, Harbison of the 15th and others:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to create the criminal offense of unlicensed commercial loansharking; to define the elements of such offense as making certain numbers of loans which violate the criminal usury statute; to provide for investigatory jurisdiction of the administrator of the "Fair Business Practices Act of 1975"; to provide for authority of the Attorney General to initiate and refer prosecutions; to prescribe criminal penalties and punishment, including restitution; to provide for other related matters; to provide for an effective date and applicability.
Referred to the Committee on Banks & Banking.

150

JOURNAL OF THE HOUSE

The Speaker assumed the Chair.

The following Resolution of the House was read:
HR 841. By Representative Walker of the 141st
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, January 27, 2000, and shall reconvene on Tuesday, February 1, 2000.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on such Tuesday may be as ordered by the Senate; and the hour for convening the House on such Tuesday 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
Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Buck
Buckner Y Bulloch E Bunn
Burkhalter Y Byrd Y Callaway
Campbell 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 Da , M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
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 Banner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland
Holmes Y Houston
Howard Y Hudgens Y Hudson, H
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
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey E McBee Y McCall Y McClinton
McKinney Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y Craeal 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 Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E 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
league Y Tfeper
Tillman Y Tolbert Y Trense
Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland
Whitaker Y Wiles
Williams, J Y Williams, R
Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution was adopted.

TUESDAY, JANUARY 25, 2000

151

Due to a mechanical malfunction, the vote of Representatives Bohannon of the 139th and Smyre of the 136th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Representative Sauder of the 29th 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 820. By Representatives Dukes of the 161st, Everett of the 163rd, Roberts of the 162nd, Smyre of the 136th and Murphy of the 18th:
A resolution declaring January 25, 2000, as Albany-Dougherty County Day at the State Capitol and inviting officials of the city, the county, and the chamber of commerce to appear before the House of Representatives.

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

HR 842. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Sholar of the 179th, Greene of the 158th and others:
A resolution recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives.

HR 843. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Heckstall of the 55th, Hembree of the 98th, Poag of the 6th and others:
A resolution commending Major General David Poythress and inviting him to appear before the House of Representatives.

HR 844. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th:
A resolution commending the Sprayberry family and inviting them to appear before the House of Representatives.

HR 845. By Representatives Teague of the 58th, Dukes of the 161st, Epps of the 131st and Howard of the 118th:
A resolution proclaiming the second Thursday in February as "African American Business Enterprise Day" and inviting the Georgia Summit of African-American Business Organizations to appear before the House of Representatives.

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

152

JOURNAL OF THE HOUSE

HB 1138. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to authorize additional methods for the disposal of dead animals; to repeal certain provisions relating to carcasses which are burned.

The following Committee substitute was read and adopted: A BILL
To amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to authorize additional methods for the disposal of dead animals; to repeal certain provisions relating to carcasses which are burned; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," is amended by striking Code Section 4-5-5, relating to methods of disposal of dead animals, and inserting in its place the following:
"4-5-5.

Methods which can be used for disposal of dead animals are burning, incineration, burial, efrendering, or any method using appropriate disposal technology which has been approved by the Commissioner. Disposal of animal carcasses by any of the approved methods must be completed within 12 hours after death or discovery of the carcass. Ctxreaaaca which arc burned muat be attended until the proecaa io completed. Carcasses which are buried must be buried at least three feet below the ground level and have not less than three feet of earth over the carcass."
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 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 Y Connell
Cooper

Y Cox Y Crawford Y Cummings
Y Davis, M Y Davis, T Y Day
Dean
DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps
Evans

Y Everett Felton Floyd
Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin E Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree

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

Y Jones Joyce
Y Kaye Y Lane Y Lewis
Y Lord Lucas
Y Maddox Y Mann Y Manning
Martin, J
Y Martin, J.L Y Massey E McBee Y McCall
Y McClinton Y McKinney Y Millar Y Mills
Y Mobley

TUESDAY, JANUARY 25, 2000

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 E 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
Smith, L.R
Y Smith, P 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

153
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, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Joyce of the 1st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1142. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to authorize the Commissioner of Agriculture to create, register, license, promote, and protect a trademark for use on or in connection with the sale or promotion of Vidalia onions and products containing Vidalia onions.

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

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

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

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

Y Dukes
Y Ehrhart
Y Epps Y Evans Y Everett
Felton Y Floyd N Franklin N Golick Y Graves Y Greene N Grindley N Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson
Y Holland

Y Holmes
Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane Y Lewis Y Lord
Y Lucas
Y Maddox

N Mann
Y Manning
Martin, J Y Martin, J.L N Massey E McBee Y McCall Y McClinton N McKinney N Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Parham Y Parrish Y Parsons
Y Pelote
Y Pinholster

154
N 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

JOURNAL OF THE HOUSE

Y Richardson Y Roberts N Rogers Y Royal N Sanders
Sauder E Scarlett N Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims

Y Sinkfield Skipper
Y Smith, B Y Smith, C N Smith, C.W Y Smith, L
Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow
Squires

Y Stallings N 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
Walker, L N Walker, R.L Y Watson N West Y Westmoreland
Whi taker N Wiles N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 134, nays 28. The Bill, having received the requisite constitutional majority, was passed.

HB 1141. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to change the provisions relating to the rights and powers of cooperative marketing associations and their boards of directors.

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

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

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

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

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings 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 E 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 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 E 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.H 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

TUESDAY, JANUARY 25, 2000

Walker, L Y Walker, B.L Y Watson

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

155
Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1161. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others:
A bill to provide supplementary appropriations for the health insurance plans for state and University System employees for the State Fiscal Year ending June 30, 2000, in addition to the appropriations made by the General Appropriations Act and any other appropriations.

The report of the Committee, which was favorable to the 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 N Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channel! Y Childers N Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
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 E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTvIeal 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 N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder E 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 N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 11. The Bill, having received the requisite constitutional majority, was passed.

156

JOURNAL OF THE HOUSE

HB 1148. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to amend Code Section 47-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Defined Contribution Plan, so as to provide that members of state boards and commissions shall not be deemed employees.

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

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

Y Alien 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 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 Banner
Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings 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 E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller
Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcel! Y Ragas Y Randall YRay Y Reaves Y Reece Y Reed Y Reese Y Reichert
Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder E 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 Iblbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Williams, H Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Roberts of the 162nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 799. By Representative Jamieson of the 22nd: A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to eliminate certain restrictions and limitations with respect to the reemployment of retired members.

TUESDAY, JANUARY 25, 2000

157

The following Committee substitute was read and adopted: A BILL
To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to provide that the retirement benefit of any member of such fund shall not be affected if such retired member becomes employed as a peace officer for not more than 1,040 hours in any calendar year; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety paragraph (2) of subsection (g) and inserting in lieu thereof the following:
"(2) The provisions of paragraph (1) of this subsection shall not apply to a retired member employed in any capacity during the period beginning July 1, 1006, and ending June 30, 1007 for 1,040 hours or less in any calendar year."
SECTION 2.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien 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
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 Y Evans
Y Everett Y Felton Y Floyd Y Franklin Y Golick
Y Graves

Y Greene Y Grindley
Y Hammontree Y Banner
Harbin E Harrell Y Heard Y Heckstall
Y Hegstrom Y Hembree
Henson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H
Y Hudson, N

Y Hugley Y Irvin
Y Jackson, B Y Jackson, L 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

158
Y Martin, J Y Martin, J.L Y Massey E 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

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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 B 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 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
Williams, R
Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1132. By Representatives Reaves of the 178th, Floyd of the 138th 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 change references to the "Grade A Pasteurized Milk Ordinance".

The report of the Committee, which was favorable to the 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 Y Davis, M Y Davis, T
Y Day Dean
Y DeLoach, B Y DeLoach, G
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 Banner
Y Harbin E 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

E 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
E Rice

Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
E 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 Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Y Stanley, P

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

TUESDAY, JANUARY 25, 2000

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 Westmoreland Y Whitaker Y Wiles

159
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1139. By Representatives Reaves of the 178th, Floyd of the 138th 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 change the provisions relating to unlawful acts and the use or possession of certain cans, bottles, and other receptacles.

The following amendment was read and adopted:

Representative Franklin of the 39th and Floyd of the 138th move to amend HB 1139 as follows:
Add after "business" page 2 line 17:
", or if purchased from the rightful owner".

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 Y Coan Y Coleman, B Y Coleman, T

Y Connell 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 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 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 E 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 Hagas Y Randall Y Ray Y Reaves Y Reece

Y Reed Y Reese Y Reichert E Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E 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

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

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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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Stephens of the 150th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1140. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Code Section 2-2-10 of the Official Code of Georgia Annotated, relating to imposition of penalties by the Department of Agriculture and the Commissioner of Agriculture in lieu of other action, so as to provide for monetary penalties in lieu of permit suspensions for violations of Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980".

The report of the Committee, which was favorable to the 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 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
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 E Harrell
Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson
Y Holland

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings 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 E McBee Y McCall
Y McClinton McKinney
Y Millar Y Mills

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

TUESDAY, JANUARY 25, 2000

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

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

161
Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 908. By Representative Stallings of the 100th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to service credit in the Teachers Retirement System of Georgia for postgraduate study and other matters, so as to provide that a period of postgraduate study which is interrupted solely by a period of military service shall be deemed not to have been interrupted.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to service credit in the Teachers Retirement System of Georgia for postgraduate study and other matters, so as to provide that a period of postgraduate study which is interrupted solely by a period of military service begun during a period in which the military draft is in effect shall be deemed not to have been interrupted; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to service credit in the Teachers Retirement System of Georgia for postgraduate study and other matters, is amended by striking in its entirety paragraph (2) of subsection (f) and inserting in lieu thereof the following:
"(2) A member who undertakes full-time graduate study designed to advance or improve his or her training or abilities as a teacher is entitled to receive creditable service for a period of graduate study under the following conditions:
(A) The member must have been a full-time teacher in the public schools of this state or in the University System of Georgia under the board of regents immediately prior to the period of graduate study. Any such period of graduate study interrupted solely for a period of active duty military service begun during a period in which the military draft is in effect shall be deemed not to have been interrupted for purposes of this subparagraph;
(B) The member must submit a transcript or similar document to the retirement system as verification of the graduate study pursued;
(C) The member must return to full-time employment as a teacher in the public schools of this state or in the University System of Georgia under the board of regents for a minimum of five years following such period of graduate study;

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(D) The member must pay the appropriate member contributions plus applicable accrued interest in accordance with regulations adopted by the board of trustees on the basis of the salary the member was receiving for full-time employment as a teacher immediately prior to the period of graduate study; and
(E) Either the member's present employer or the member must pay the appropriate employer contributions and applicable accrued interest thereon if the source of funds from which the member was paid immediately prior to his or her period of graduate study was other than state funds."
SECTION 2.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien 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
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 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 E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings 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 E 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
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 E 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

TUESDAY, JANUARY 25, 2000

163

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.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 616. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law.
The following Senate substitute was read: A BILL
To amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to define certain terms; to amend the minimum funding standards applicable to public retirement standards to ensure compliance with federal law; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," is amended by striking in its entirety Code Section 47-20-3, relating to definitions relative to such chapter, and inserting in lieu thereof the following:
"47-20-3.
As used in this chapter, the term:
(1) 'Accumulated retirement system benefits' means benefits that are attributable under the provisions of a retirement system to employees' service rendered to a specific valuation date.
(2) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of retirement system benefits and expenses which is not provided for by future normal costs.
(3) 'Actuarial assumptions' means assumptions as to the occurrence of future events affecting retirement system costs such as: mortality, withdrawal, disability, and retirement; changes in compensation and national pension benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other relevant items.
(4) 'Actuarial cost method' means a procedure for determining the actuarial present value of retirement system benefits and expenses and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal

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cost and an actuarial accrued liability. Acceptable actuarial cost methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, individual aggregate, individual level, individual spread gain, and unit credit methods.

(5) 'Actuarial present value' means the value of an amount or series of amounts payable or receivable at various times from a retirement system, determined as of a given date by the application of a particular set of actuarial assumptions.

(6) 'Actuarial present value of accumulated retirement system benefits'means the amount as of a valuation date that results from applying actuarial assumptions to the accumulated retirement system benefits, with the actuarial assumptions being used to adjust those benefits to reflect the time value of money (through discounts for interest) and the probability of payment (by means of decrements such as for death, disability, withdrawal, or retirement) between the valuation date and the expected date of payments.

(7) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for a retirement system.

(8) 'Actuarial value of assets' means the value of cash, investments, and other property belonging to a retirement system, as used by the actuary for the purpose of an actuarial valuation.

(9) 'Actuary" means an actuary who is enrolled under Subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, P.L. 93-406.

(10) 'Amortization contribution' means the excess in total employer and employee contributions over normal cost.

(10.1) 'Annual required contribution' means the annual required contribution determined in accordance with the requirements of Governmental Accounting Standards Board Statements No. 25 and No. 27 or any subsequent applicable Governmental Accounting Standards Board statements.

(11) 'Beneficiary' means a person receiving or entitled to receive a benefit pursuant to a retirement system.

(12) 'Benefit' means any benefit, including disability benefits, which is paid or payable to a beneficiary under a retirement system.

(13) 'Benefit increase' means a change in or amendment to a retirement system which results or will result in an increase in the benefits being paid or which will be paid to a beneficiary or potential beneficiary under a retirement system and includes any change in a retirement system which decreases the requirements for becoming eligible to receive a benefit and any change which grants or authorizes a member or members of a retirement system to obtain additional creditable service under the retirement system for service rendered in a capacity other than as a member of the retirement system.

(14) 'Employee' means officials and employees of the state or of any department, board, bureau, commission, authority, or other agency thereof and the officials and employees of a political subdivision or any agency thereof who are or who become members of a retirement system.

TUESDAY, JANUARY 25, 2000

165

(15) 'Employee contribution' means that part of the compensation of an employee which is paid by or on behalf of an employee as a contribution to a retirement system.
(16) 'Employer' means the State of Georgia for any retirement system financially supported in whole or in part by appropriations made by the General Assembly, by the proceeds of a tax levied by law enacted by the General Assembly, or by fines and forfeitures or portions of fines and designated by law as a source of funding for a retirement system; and, for any retirement system supported in whole or in part by the funds of a political subdivision, 'employer' means the local governing authority authorizing or providing for the local retirement system.
(17) 'Employer contribution' means:
(A) Funds paid by an employer to support financially a retirement system;
(B) Public funds, whether by taxes, fines and forfeitures, or other sources, devoted to the financial support of a retirement system; and
(C) Any other funds, other than employee contributions, used to support financially a retirement system.
(18) 'Legislatively controlled retirement system' means a retirement system in existence on January 1, 1984, which was created by an Act of the General Assembly and which may be amended only by an Act of the General Assembly.
(19) 'Local governing authority* means the council, board of aldermen, board of commissioners, commissioner, local board of education, or other person or body of persons entrusted by law with the administration, management, and control of the fiscal affairs of a political subdivision.
(19.1) 'Negative unfunded actuarial accrued liability* means for any actuarial valuation the excess of actuarial value of assets over the actual accrued liability of a retirement system under an actuarial cost method utilized by the retirement system for funding purposes.
(20) 'Normal cost' means that portion of the actuarial present value of a retirement system benefits and expenses which is allocated to a valuation year by the actuarial cost method used for the retirement system.
(21) 'Political subdivision' means any county, municipality, or local school district of this state or any authority created for or on behalf of any such political subdivision or created for or on behalf of any combination of such political subdivisions.
(22) 'Retirement bill' means any bill or resolution introduced into the General Assembly which creates or affects a retirement system.
(23) 'Retirement system' means any retirement or pension plan or any other plan or program which exists on January 1, 1984, or which is created or established on or after that date, and which is maintained by an employer or maintained pursuant to law or other authority of an employer for the purpose of paving benefits to employees or their beneficiaries after employees cease active employment by retirement, disability, death, or other termination. The term 'retirement system' shall include any plan or program which creates a retired position, commonly referred to as 'emeritus,' and provides a salary for the retired position in lieu of a retirement benefit. The term 'retirement system' shall not include an individual retirement account or other plan which provides for an individual account for each participant and for

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benefits based solely upon the amount contributed to the participant's account and any income, expenses, gains, and losses and any forfeitures of accounts of other participants which may be allocated to a participant's account.
(24) 'Retirement system administrator' means the board of trustees or other body or individual having responsibility, either by law or by other authority of an employer, for the management and administration of a retirement system.
(25) "Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of a retirement system under an actuarial cost method which 30 providca utilized by the retirement system for funding purposes."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 47-20-10, relating to minimum annual employer contributions relative to public retirement systems, and inserting in lieu thereof the following:
"47-20-10.

(a) In order to assure the actuarial soundness of each retirement system, the minimum annual employer contribution for each retirement system, unless excepted by Code Section 47-20-13, shall be the sum of the amounts determined under paragraphs (1), (2), and (3) of this subsection minus the amount determined under paragraph (4) of this subsection; provided, however, that under no circumstances shall the minimum annual employer contribution be less than zero or result in a contribution credit for a subsequent year.
(1) The normal cost of the retirement system for the year; plus
(2) The amounts necessary to amortize:
(A) The unfunded actuarial accrued liability over a period of 40 years in the case of a retirement system in existence on January 1, 1983, based on the first actuarial valuation of the retirement system which is made on or after January 1, 1984; or
(B) The unfunded actuarial accrued liability over a period of 30 years in the case of a retirement system which is created or established after January 1, 1983, based on the first actuarial valuation of the retirement system; plus
(C) The increase, if any, in unfunded actuarial accrued liability over a period of 20 years for any such increase which occurs after January 1, 1984, during any year as a result of changes made in the provisions of the retirement system affecting active employees; plus
(D) The increase, if any, in unfunded actuarial accrued liability over a period of 15 years for any such increase which occurs from experience under the actuarial assumptions applicable to the retirement system; plus
(E) The increase, if any, in unfunded actuarial accrued liability over a period of 30 years for any such increase resulting from changes in actuarial assumptions applicable to the retirement system; plus
(3) If not otherwise included in the calculations under paragraph (1) or (2) or paragraphs (1) and (2) of this subsection:

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167

(A) The amount necessary to amortize over a period of ten years in equal annual installments the increase, if any, in unfunded actuarial accrued liability resulting from benefit increases granted during the year to beneficiaries under the retirement system; or
(B) The amount necessary to pay the amount of increase in benefits granted during the year to beneficiaries under the retirement system on a current disbursement or pay-as-you-go basis; minus
(4) The amount:
(A) Necessary to amortize the decrease, if any, in unfunded actuarial accrued liability over a period of 20 years for any such decrease which occurs after January 1, 1984, during any year as a result of changes made in the provisions of the retirement system; plus
(B) Necessary to amortize the decrease in unfunded actuarial accrued liability, if any, over a period of 15 years for any such decrease which occurs from experience under the actuarial assumptions applicable to the retirement system; plus
(C) Necessary to amortize the decrease in unfunded actuarial accrued liability, if any, over a period of 30 years for any such decrease resulting from changes in the actuarial assumptions applicable to the retirement system; plus
(D) In excess of the minimum annual employer contribution required by this Code section which accumulates after January 1, 1984; plus
(E) Employee contributions for the year.
(b) In the case of a retirement system which uses a formula related to the compensation of the members of the retirement system as a basis for the calculation of benefits under the retirement system, the amortization amounts required by subsection (a) of this Code section, except for the amount determined under paragraph (3) of subsection (a) of this Code section, may be determined as a level percentage of future compensation. If such level percentage amortization is used, the actuarial assumption for future annual payroll growth shall not exceed the actuarial assumed valuation interest rate of the retirement system less 2 1/2 percent, ff The minimum standards provided by subsection (a) of this Code section are deemed to have been met if such level percentage amortization is used, the amortization of increases and decreases in unfunded ae tuarinl accrued liability under subsection (a) of this Code acction need not be reflected in the amortization contribution otherwise determined if the amortization contribu tion ao determined is at least 4 percent of the unfunded actuarial accrued liability for the period up to January 1, 1080, and at least 4 1/2 percent of the unfunded actuarial accrued liability after January 1, 1080 and the employer contribution is equal to the annual required contribution as is determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27.
(c) In the case of a retirement system which does not use a formula related to the compensation of the members of such retirement system as a basis for the calculation of benefits under such retirement system, the minimum funding standards provided for in subsection (a) of this Code section shall be deemed to have been met if the employer contribution is equal to or greater than the annual contribution as determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27.

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(d)(l) The minimum funding standards provided for in subsection (a) of this Code section shall be deemed to have been met if as of the latest actuarial valuation a retirement system has a negative unfunded actuarial accrued liability and the employer contribution is equal to or greater than the annual required contribution as determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27; provided, however, that in no case shall the negative unfunded actuarial accrued liability be amortized over a period of less than ten years. If a retirement system has such a negative unfunded actuarial accrued liability, the amounts necessary to amortize under paragraphs (2), (3), and (4) of subsection (a) of this Code section established prior to the current actuarial valuation date will be considered to be fully amortized under the minimum funding standards provided by subsection (a) of this Code section.
(2) In any actuarial valuation subsequent to the valuation in which a retirement system is found to have complied with the provisions of paragraph (1) of this subsection, if the retirement system still has a negative unfunded actuarial accrued liability, the only amortization required under such minimum funding standards will be an amortization of the negative unfunded actuarial accrued liability over a period of not less than ten years of the actuarial accrued liability. For any such subsequent actuarial valuations, whenever the retirement system again has an unfunded actuarial accrued liability, the minimum standards provided by subsection (a) of this Code section shall apply with new amounts necessary to amortize the newly created unfunded actuarial accrued liability.
(eKe) In determining the minimum annual employer contribution under subsection (a) of this Code section:
(1) All benefits which it is reasonable to anticipate will be paid from the retirement system because of the current active members and payments to beneficiaries shall be taken into account; and
(2) All costs, liabilities, and other factors under the retirement system shall be determined by an actuary on the basis of an actuarial cost method and actuarial assumptions which, in the aggregate, are reasonable, considering the experience of the retirement system and reasonable expectations, and which, in combination, offer the actuary's best estimate of anticipated experience under the retirement system.
tXf) Upon completion of the first actuarial investigation of a retirement system after January 1, 1984, and for each subsequent actuarial investigation, the minimum annual employer contribution required by this Code section shall be increased by an amount equivalent to the interest earned on such minimum annual employer contribution, based on the actuarial assumed valuation interest rate applicable to the retirement system, from the date of such actuarial investigation until the date the minimum annual employer contribution is made to the retirement system. This subsection shall not apply to a retirement system to which annual employer contributions are being made in excess of the minimum annual employer contribution required by this Code section.
(eXg) In no event will employee contributions of active members of a retirement system be used to pay benefits to beneficiaries under the retirement system.
The minimum funding requirements of this Code section shall not apply to prefunding, in whole or in part, of anticipated future costs of providing health care benefits and related expenses including, without limitation, provision of all or part of the cost of health insurance coverage and health maintenance organization participation costs for retired employees of a political subdivision including those presently retired and those anticipated to retire in the future. Such prefunding may be main-

TUESDAY, JANUARY 25, 2000

169

tained as part of the same investment pool as the fund receiving employer and employee contributions to pay the cost of providing retirement benefits under any retirement system maintained by the political subdivision for its employees so long as such funds are separately accounted for and separate records are maintained with respect to each fund. Funds maintained by a political subdivision for the purpose of prefunding health care benefits for retired employees may be invested and reinvested in accordance with the provisions of Code Section 47-1-12, and, for the purposes of that Code section and the home rule provisions of the laws and the Constitution of the State of Georgia, such funds shall be considered retirement funds."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Representative Shanahan of the 10th moved that the House agree to the Senate substitute to HB 616.

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 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 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 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 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 YKaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox
Mann Y Manning Y Martin, J Y Martin, J.L Y Massey E 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 Hagas 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 E 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 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, 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 motion, the ayes were 168, nays 0. The motion prevailed. The following Resolution of the House was read and adopted:

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HR 846. By Representatives Martin of the 47th, Heard of the 89th, Smyre of the 136th, Royal of the 164th, Stanley of the 50th and others:
A resolution recognizing and inviting the distinguished delegation from the Czech Republic to appear before the House of Representatives.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1124 Do Pass, by Substitute
Respectfully submitted, /a/ Lane of the 146th
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1117 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 37 Do Pass
Respectfully submitted, /s/ Lord of 121st
Chairman

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

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171

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1026 Do Pass, by Substitute HB 1112 Do Pass, by Substitute HB 1171 Do Pass, by Substitute
Respectfully submitted, Is/ Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 777 Do Pass HR 838 Do Pass
Respectfully submitted, /si 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 20 Do Pass
Respectfully submitted, /si Buck of the 135th
Chairman

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

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Representative Hall, Atlanta, Georgia Wednesday, January 26, 2000
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. G. Daniel McCall, Interim Senior Minister, Peachtree Presbyterian Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1102. By Representatives Kaye of the 37th, Ehrhart of the 36th, Westmoreland of the 104th, Evans of the 28th, Porter of the 143rd and others: A bill to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to enact the "Georgia Qualified State Tuition Program"; to provide for comprehensive provisions estab-

WEDNESDAY, JANUARY 26, 2000

173

lishing a method of saving money for the payment of qualified higher education expenses.
Referred to the Committee on University System of Georgia.

HB 1239. By Representatives Borders of the 177th, Bpps of the 131st, Shaw of the 176th, Houston of the 166th and Powell of the 23rd:
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 certain clothing, wallets, and bags for a limited period of time.
Referred to the Committee on Ways & Means.

HB 1240. By Representatives Campbell of the 42nd and Massey of the 86th:
A bill to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy.
Referred to the Committee on Special Judiciary.

HB 1241. By Representatives Mosley of the 171st, Byrd of the 170th, Dixon of the 168th, Walker of the 141st, Tillman of the 173rd and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate April 28 of each year as "Workers' Memorial Day" in Georgia.
Referred to the Committee on Rules.

HB 1242. By Representatives Bulloch of the 180th and Sholar of the 179th:
A bill to provide for a homestead exemption from certain Thomas County ad valorem taxes, Thomas County and City of Thomasville School District ad valorem taxes, municipal ad valorem taxes, and ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of Thomas County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1243. By Representatives Bannister of the 77th, Parsons of the 40th, Wiles of the 34th, Mann of the 5th, Hammontree of the 4th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include an amount equal to the amount expended by such taxpayer for premiums for long-term care insurance for a qualifying family member.
Referred to the Committee on Ways & Means.

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HB 1244. By Representative Floyd of the 138th:
A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to change the loan fees and late fees.

January 25, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1244. This notice is made prior to or upon reading the bill the first time.

1st Johnny Floyd Representative 138th District
Referred to the Committee on Banks & Banking.
HB 1245. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Smith of the 169th, Shaw of the 176th and others: A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the weighing of leaf tobacco; to provide for weight tickets; to provide requirements for the sale of leaf tobacco.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 1246. By Representatives Davis of the 132nd, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd and others: A bill to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide for nonapplicability to certain contracts of certain provisions providing for nonapplicability of certain exemptions from local taxes.
Referred to the Committee on Ways & Means.
HB 1247. By Representatives Jennings of the 63rd, Davis of the 60th, Smith of the 103rd, Mann of the 5th and Day of the 153rd: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide an ad valorem tax exemption with respect to property of Elks Lodges.
Referred to the Committee on Ways & Means.
HB 1248. By Representatives Bannister of the 77th, Parsons of the 40th, Wiles of the 34th, Mann of the 5th, Hammontree of the 4th and others: A bill to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioner's determination of the valuation of motor vehicles.

WEDNESDAY, JANUARY 26, 2000

175

Referred to the Committee on Motor Vehicles.
HB 1249. By Representatives Jones of the 71st and Powell of the 23rd: A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relating to the registration and licensing of motor vehicles, so as to provide that a purchaser of a new or used motor vehicle from a licensed dealer may operate such vehicle before registering the vehicle and obtaining a permanent license plate only if a bona fide temporary license plate is affixed to the vehicle.
Referred to the Committee on Motor Vehicles.
HB 1250. By Representatives Teague of the 58th, Mobley of the 69th, Brooks of the 54th, Turnquest of the 73rd and McKinney of the 51st: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the provisions relating to prohibitions against sex discrimination in employment; to prohibit certain discrimination in employment and in membership in labor organizations on the basis of sex, race, or national origin; to define certain terms; to change the provisions relating to the prohibition of discriminatory wage differentials.
Referred to the Committee on Industrial Relations.
HB 1251. By Representatives Powell of the 23rd, Hudson of the 156th, Martin of the 145th and McCall of the 90th: A bill to amend Code Section 43-51-3 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, so as to change the composition of said board and provide for an advisory council to said board.
Referred to the Committee on Natural Resources & Environment.
HB 1252. By Representatives Lane of the 146th, Morris of the 155th, Stallings of the 100th, Borders of the 177th, Stephens of the 150th and others: A bill to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide that a defendant in a civil action for libel alleging as a defense that it published a retraction must allege that such retraction was published on the same page and with a similar caption as that of the story or article containing the erroneous statement alleged to be libelous.
Referred to the Committee on Judiciary.
HB 1253. By Representative Reaves of the 178th: 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 court for the Superior Court of Brooks County.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE

HB 1254. By Representatives Bordeaux of the 151st and Walker of the 87th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for nursing home staffing requirements, penalties, and a presumption.
Referred to the Committee on Health & Ecology.

HB 1255. By Representatives Dodson of the 94th, Buck of the 135th, O'Neal of the 75th, Wix of the 33rd, Benefield of the 96th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal taxation of hotel and motel and other rooms, lodgings, and accommodations, so as to change the maximum period of occupancy with respect to which such taxes may be imposed.
Referred to the Committee on Ways & Means.

HB 1256. By Representatives Stallings of the 100th and West of the 101st:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change provisions relating to the ability of visually or physically disabled persons and deaf persons to use guide or service dogs; to expand places where guide or service dogs and guide or service dogs in training are permitted; to enhance penalties for denial of access.
Referred to the Committee on Health & Ecology.

HB 1257. By Representatives Borders of the 177th, Shaw of the 176th and Stallings of the 100th: A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to change definitions.
Referred to the Committee on Banks & Banking.

HB 1258. By Representatives Martin of the 47th 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.
Referred to the Committee on Judiciary.

HB 1259. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the chairperson and vice chairperson of the board of commissioners and their selection and terms; to change the provisions relating to the compensation of the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

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177

HB 1260. By Representatives Martin of the 47th and Alien of the 117th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1261. By Representatives Barnard of the 154th, Grindley of the 35th, Sinkfield of the 57th, Wiles of the 34th, Richardson of the 26th and others:
A bill to amend Chapter 10 of Title 19 of the Official Code of Georgia Annotated, relating to abandonment of spouse or child, so as to provide for voluntary relinquishment of a child under certain circumstances; to provide for immunity from criminal prosecution in certain circumstances.
Referred to the Committee on Judiciary.

HB 1262. By Representatives Martin of the 47th and Alien of the 117th:
A bill to amend of the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended.
Referred to the Committee on Judiciary.

HB 1263. By Representative Campbell of the 42nd:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the membership and number of members of the library board of trustees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1264. By Representative Bordeaux of the 151st:
A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to provide for penalties.
Referred to the Committee on Judiciary.

HR 847. By Representatives Childers of the 13th, Smith of the 12th, McClinton of the 68th, Manning of the 32nd, Smith of the 103rd and others:
A resolution directing the acceptance and placing in the State Capitol of a portrait of Ellen Louise Axson Wilson, the first First Lady from Georgia.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE

HR 848. By Representatives Teague of the 58th, Brooks of the 54th, Mobley of the 69th, Turnquest of the 73rd and McKinney of the 51st: A resolution requesting the Department of Labor to conduct a study on discrimination based on sex, race, and national origin with regard to wages and other terms and conditions of employment.
Referred to the Committee on Industrial Relations.

HR 849. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution designating the Veterans Memorial Highway.
Referred to the Committee on Transportation.

HR 850. By Representative Bordeaux of the 151st: A resolution creating the Joint House and Senate Long-Term Care Industry Study Committee.
Referred to the Committee on Rules.

HR 851. By Representatives Orrock of the 56th, Sinkfield of the 57th and Trense of the 44th: A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply.
Referred to the Committee on Children and Youth.

HR 852. By Representatives Teague of the 58th, Brooks of the 54th, Mobley of the 69th and McKinney of the 51st: A resolution urging the United States Senate to ratify the United Nations Convention on the Elimination of All Forms of Discrimination Against Women.
Referred to the Committee on Rules.

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

HB 1212 HB 1213 HB 1214 HB 1215 HB 1216 HB 1217 HB 1218 HB 1219 HB 1220 HB 1221 HB 1222 HB 1223 HB 1224 HB 1225 HB 1226 HB 1227

HB 1228 HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HB 1238 HR 816 HR 817 HR 840 SB 27 SB 294

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179

Pursuant to Rule 52, Representative Hudgens of the 24th moved that the following Bill of the House be engrossed:
HB 1236. By Representatives Hudgens of the 24th, Royal of the 164th, Tolbert of the 25th, McCall of the 90th, Massey of the 86th 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 or use of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised.
The motion prevailed.
Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 445 Do Pass, by Substitute HB 672 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
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 815 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:

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

HB 455 Do Pass HB 1153 Do Pass HR 754 Do Pass

HR 756 Do Pass HR 792 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

Mr. Speaker:

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

HB 441 Do Pass, by Substitute HB 446 Do Pass, by Substitute

HB 684 Do Pass HB 964 Do Pass, by Substitute

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 361. By Representatives Coleman of the 80th, Benefield of the 96th, Coleman of the 142nd and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Southeastern Railway Museum as the official state transportation history museum.
HB 449. By Representatives Henson of the 65th, Bannister of the 77th, Ragas of the 64th 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

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181

Memorial Association, so as to provide for the exercise of police powers by the association.

The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 110. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys.

The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 841. By By Representative Walker of the 141st: A resolution relative to adjournment.

The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 573. By Representatives Martin of the 47th, Royal of the 164th and McKinney of the 51st:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain costs from the definition of operating costs for certain purposes; to provide that the interest income from certain reserves may be used to pay operating costs.

The following Resolutions of the House were read and adopted:
HR 853. By Representatives Smith of the 109th, Jamieson of the 22nd, Porter of the 143rd, Parrish of the 144th, Channell of the lllth and others: A resolution commending the members of the Silver-Haired Legislature.
HR 854. By Representative Purcell of the 147th: A resolution recognizing and commending Honorable Edgar Alvin DeWitt, Sr.
HR 855. By Representatives Twiggs of the 8th, Jenkins of the 110th, Whitaker of the 7th, Coleman of the 142nd and Poag of the 6th: A resolution commending Mr. Malcolm Long, Jr.
HR 856. By Representatives Barnes of the 97th, Bailey of the 93rd, Benefield of the 96th, Dodson of the 94th and Buckner of the 95th: A resolution commending the Mount Zion High School football team.

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JOURNAL OF THE HOUSE

HR 857. By Representative Hembree of the 98th: A resolution recognizing and commending Mrs. Fannie Mae Davis.

HR 858. By Representative Greene of the 158th:
A resolution expressing sympathy at the passing of Thomas Samuel "T.S." Brown, Jr.

HR 859. By Representatives Twiggs of the 8th, Coleman of the 142nd, Whitaker of the 7th, Poag of the 6th and Jenkins of the 110th:
A resolution commending members of the Peace Officer Standards and Training Council and designating a day of recognition for such council.

HR 860. By Representatives Twiggs of the 8th, Coleman of the 142nd, Whitaker of the 7th, Poag of the 6th and Jenkins of the 110th:
A resolution commending the firefighters of Georgia and observing the 28th annual Firefighters' Recognition Day.

HR 861. By Representatives Cummings of the 27th and Murphy of the 18th: A resolution commending Mr. Steven B. Smith.

HR 862. By Representatives Smith of the 12th, Childers of the 13th and Reece of the llth:
A resolution recognizing Dr. George Vernon Irons.

HR 863. By Representative Pelote of the 149th:
A resolution expressing regret at the passing of Mrs. Essie Mae Taylor Mitchell.

HR 864. By Representative Pelote of the 149th: A resolution recognizing and commending Polly Jackson.

HR 865. By Representative Pelote of the 149th:
A resolution expressing regret at the passing of Charlestee L. Wright Plummer.

HR 866. By Representative Pelote of the 149th: A resolution recognizing and commending Leroy Simmons.

HR 867. By Representatives Coleman of the 80th and Rice of the 79th: A resolution commending the Norcross High School Marching Band.

HR 868. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Mr. A. Bradley Rutledge.

HR 869. By Representatives Bohannon of the 139th, Trense of the 44th, Unterman of the 84th and Cooper of the 31st:
A resolution recognizing "Registered Professional Nurse Day".

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183

HR 873. By Representatives Dixon of the 168th Smith of the 169th and Mosley of the 171st:
A resolution honoring Mr. Cunard Jackson "C. J." Broome and expressing regret at his passing.

The Speaker Pro Tern assumed the Chair.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 777. By Representatives Purcell of the 147th and Murphy of the 18th: A resolution commending the 4-H Clubs of Georgia, recognizing the observance of 4-H Day at the state capitol, and inviting Austin Carter, State 4-H President, and Dr. Roger C. (Bo) Ryles to appear before the House of Representatives.
HR 838. By Representatives Borders of the 177th, Shaw of the 176th and Reaves of the 178th: A resolution commending the Lowndes High School football team and inviting the team and the coaches to appear before the House of Representatives.

The Speaker assumed the Chair.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 654. By Representative Greene of the 158th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for certain employees of district attorneys for certain prior service.

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

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

Y Alien Anderson
Y Ashe Y Bailey
Y Bannister Y Barnard Y Barnes Y Benefield
Y Birdsong 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
Coleman, T

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

Y Ehrhart Y Epps Y Evans Y Everett
E 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
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

184
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
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey E McBee Y McCall
McClinton

JOURNAL OF THE HOUSE

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

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

Sinkncld 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 Stand!
Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey

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

On the passage of the Bill, the ayes were 157, nays 0. 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 he recorded as voting "aye" thereon.
HB 20. By Representatives Snelling of the 99th, Day of the 153rd, Graves of the 125th, Ashe of the 46th and Scarlett of the 174th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemption of property from ad valorem taxation, so as to increase the amount of the personal property exemption with respect to tools and implements of trade of manual laborers.

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

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

N Alien Y Anderson Y Ashe Y Bailey
Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong
Y Bohannon 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 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 E Felton
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Y Hammontree

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

Y James Y Jamieson E 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 E McBee
McCall

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

WEDNESDAY, JANUARY 26, 2000

Y Porter Y Powell Y Purcell Y Ragas Y 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, G Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P

Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman

185
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 passage of the Bill, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 20 was ordered immediately transmitted to the Senate.
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.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Borders 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
Crawford Y Cummings Y Davis, M Y Davis, T YDay
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett E Felton Y Floyd Y Franklin Y Golick Y Graves

Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens 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 Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey E McBee Y 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 YPoag 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
Shaw

186
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 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 passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1171. By Representatives Smith of the 109th and Jenkins of the 110th: 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 Butts County, the Superior Court of Lamar County, and the Superior Court of Monroe County.
The following Committee substitute was read and adopted: 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 Butts County, the Superior Court of Lamar County, and the Superior Court of Monroe 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.
Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, is amended by striking paragraph (40.1) of said Code section and inserting in its place the following:
"(40.1) TOWALIGA CIRCUIT:
(A) Butts County First and aceond Mondays in February and November, first Monday in May, and third and fourth Mondays in August Second Monday in January, April, July, and October.
(B) Lamar County Firat and second Mondays in March, June, and December and second and third Mondays in September Second Monday in March, June, September, and December.
(C) Monroe County Third and fourth Mondays in February, May, and November and firat and accond Mondays in Auguat Second Monday in February, May, August, and November."
SECTION 2.
This Act shall become effective on January 1, 2001.

WEDNESDAY, JANUARY 26, 2000

187

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 Bailey
Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Borders Y Bridges Y Brooks Y Brown Y Buck 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 Y Curamings 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 E Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Mobley Y Morris Y Mosley Mueller 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 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
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 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read and adopted:

188

JOURNAL OF THE HOUSE

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 delete a cap on administrative fees; to specify the distribution of any proceeds remaining in any such trust at the time of the life beneficiary's death; to change provisions relating to the authority of a cotrustee to withdraw funds from a community trust; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof the following:
"(2) A community trust may accept contributions from any source, so long as basic eligibility requirements are satisfied, to be held, administered, managed, invested, and distributed in order to facilitate the coordination and integration of private financing for individuals who have one or more impairments, while maintaining the eligibility of those individuals for government funding. All contributions and the earnings of a community trust shall be administered as one trust for purposes of investment and management of funds. Notwithstanding the administration as one trust for investment and management, one or more separate accounts shall be established for each designated life beneficiary. The net income earned after deducting administrative expenses shall be credited to the accounts of the life beneficiaries, in proportion to the amount of the contribution made for each life beneficiary to the total contributions made for all life beneficiaries. Administrative fees charged to an account of a life beneficiary shall not exceed the income allocated to that account;"
SECTION 2.
Said Code section is further amended by striking in its entirety paragraph (4) of subsection (b) and inserting in lieu thereof the following:
"(4) If a donor designates himself or herself or his or her spouse as the life beneficiary, then the account of the life beneficiary shall, regardless of any other provision of this chapter, meet the following additional conditions:
(A) The contribution or contributions of the life beneficiary or his or her spouse to the community trust shall be irrevocable;
(B) The funds remaining in the life beneficiary's account upon the death of the life beneficiary shall, to the extent such funds result from contributions made by the life beneficiary or his or her spouse, be distributed to a successor trust subject to the state reimbursement requirements of federal laws governing community trusts, including paragraph (4) of subsection (d) of 42 US.C Section 1396p as applied by this state. Any funds remaining after satisfaction of such requirements shall be distributed as the donor has designated in writing, and if there is no such designation or should distribution to those designated by the donor be impossible, then to a successor trust; and
(C) Neither the donor nor the donor's spouse shall serve as cotrustee;".

WEDNESDAY, JANUARY 26, 2000

189

SECTION 3.
Said Code section is further amended by striking in its entirety paragraph (7) of subsection (b) and inserting in lieu thereof the following:
"(7) Any cotrustee other than the donor may, for good and sufficient reason upon written notice to the trustees and a determination by the board of trustees that the reason for the withdrawal transfer is good and sufficient or upon the issuance of a notice of termination by the board of trustees, withdraw transfer all of the current fair market value of the balance of the life beneficiary's account in the trust as determined on the date of withdrawal transfer to another trustee to be held for the sole benefit of the life beneficiary during his or her life; provided, however, that if such a transfer involves funds contributed by the life beneficiary or his or her spouse, any trustee to whom funds are so transferred shall acknowledge in writing the right of the state to reimbursement as provided in 42 U.S.C. Section 1396p(dX4X In no event shall a cotrustee be entitled to withdraw transfer only a portion of the current fair market value of the life beneficiary's account in the trust: In the event of withdrawal, the current fair market value of the balance of the life beneficiary's account in the trust shall be distributed to the donor;".
SECTION 4.
Said Code section is further amended by striking in its entirety paragraph (9) of subsection (b) and inserting in lieu thereof the following:
"(9) Upon the death of the life beneficiary, then an amount equal to the current fair market value of the balance of the life beneficiary's account in the trust, as determined on the date of death, less payment of funeral and burial costs of the life beneficiary and satisfaction of any lien as provided in paragraph (4) of this subsection, shall be distributed to the person or persons the donor has designated; provided, however, that if the donor has failed to designate a person or persons for distribution in this event or if a distribution to the designated person or persons is impossible, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the trustee of the aucccasor trust to be held, administered, and distributed by the aueecsaor trustee in accordance with the sue ccsaor trust described in paragraph (10) of thia subsection to a successor trust. To the extent this provision must be modified for the life beneficiary to remain eligible for government benefits, such modifications shall be made; and".
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 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

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
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes

190
Y Ehrhart Y Epps
Evans Y Everett E Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Harrell Y Heard Y HeckstaU Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Houston
Howard Y Hudgens
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 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 E McBee Y McCall
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 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
Sims Y Smkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings

Y Stancil Stanley, P
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert
Trense Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Weatmoreland 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 1112. By Representative Squires of the 78th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated in Articles 1, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated in Articles I, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles; to redesignate and rearrange Code sections within such articles; to standardize terms and make editorial changes; to correct cross-references in accordance with such reorganization; to amend Titles 5, 15, 16, 17, 19, 20, 24, 31, 35, 36, 40, 47, and 49 of the Official Code of Georgia Annotated, relating respectively to appeals, courts, crimes, criminal procedure, domestic relations, education, evidence, health, law enforcement, local government, motor vehicles, retirement, and social services, so as to correct cross-references in accordance with such reorganization; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 26, 2000

191

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Iy

--SEC--TI--ON--1.

.-r Chapter 11 ofTitle 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by striking in their entirety Articles 1 and 2 and inserting in lieu thereof the following:

15-11-1.

"ARTICLE 1 Part 1

This chapter shall be liberally construed to the end:

(1) That children whose well-being is threatened shall be assisted and protected and restored, if possible, as secure law-abiding members of society;
(2) That each child coming within the jurisdiction of the court shall receive, preferably in his or her own home, the care, guidance, and control that will be conducive to feis the child's welfare and the best interests of the state; and
(3) That when a child is removed from the control of his or her parents the court shall secure for hint the child care as nearly as possible equivalent to that which his or her parents should have given ten the child.
'; 15-H-2.

As used in this chapter, the term:
(1) 'Adult' means any individual who is not a child under the definition in paragraph (2) of this Code section.
(1.1) 'Biological father' means the male who impregnated the biological mother resulting in the birth of the child.
(2) 'Child' means any individual who is:

(A) Under the age of 17 years;

(B) Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or
(C) Under the age of 18 years, if alleged to be a 'deprived child' as defined by this article Code section.

(3) 'Community rehabilitation center' means a rehabilitation and custodial center

established within a county for the purpose of assisting in the rehabilitation of de-

'.

linquent and unruly children in a neighborhood and family environment in coopera-

tion with community educational, medical, and social agencies, which center meets

the following requirements:

(A) Is located within any county having a juvenile court presided over by at least one full-time judge exercising jurisdiction exclusively over juvenile matters; and

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JOURNAL OF THE HOUSE

(B) Is operated by a nonprofit corporation organized under Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and has a full-time chief executive officer. The charter, bylaws, and method of selecting the board of directors and chief executive officer of such nonprofit corporation shall be subject to the unanimous approval of the chief judge of the judicial circuit in which the county is located, the judge or judges of the juvenile court, the superintendent of the county school district, and the commissioner of corrections, which approval shall be in writing and shall be appended to the charter and bylaws of the nonprofit organization. Any amendment of the charter or bylaws of the nonprofit corporation shall be subject to the same written approval as the original charter and bylaws.

(4) 'Court' or 'juvenile court' means the court exercising jurisdiction over juvenile matters.
(4.1) 'Criminal justice purposes' means the performance of any activity directly involving the investigation, detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults who are accused of, convicted of, or charged with crimes or the collection, storage, and dissemination of criminal history record information.

(5) 'Custodian' means a person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court, and who has the rights and duties provided in Code Section 16 11 43 15-11-13.

(6) 'Delinquent act' means:
(A) An act designated a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the crime does not fall under subparagraph (C) of paragraph (12) of this Code section and is not a juvenile traffic offense as defined in Code Section 16-11-40 1511-73;

(B) The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudged to have committed a delinquent act; or
(C) Failing to appear as required by a citation issued with regard to a violation of Code Section 3-3-23.
(7) 'Delinquent child' means a child who has committed a delinquent act and is in need of treatment or rehabilitation.
(8) 'Deprived child' means a child who:
(A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his- the child's physical, mental, or emotional health or morals;
(B) Has been placed for care or adoption in violation of law;
(C) Has been abandoned by his or her parents or other legal custodian; or

(D) Is without a parent, guardian, or custodian.

WEDNESDAY, JANUARY 26, 2000

193

No child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a 'deprived child.'

(8.1) 'Identification data' means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of the juvenile child.

(9) 'Judge' means judge or judges of the court exercising jurisdiction over juvenile matters. Such term shall not mean or include an associate juvenile court judge or associate juvenile court traffic judge unless specifically so stated.

(10) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, which person is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention. Each superior or juvenile court judge shall provide for one of the above persons to be on duty or on call as an intake officer during each 24 hour period.

(10.1) 'Legal father' means a male who:

(A) Has legally adopted a child;

(B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;

(C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19;

(D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; or

(E) Has legitimated the child by a final order pursuant to Code Section 19-7-22

and who has not surrendered or had terminated his rights to the child.

(10.2) 'Legal mother' means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child.

(10.3) 'Parent' means either the legal father or the legal mother of the child.

(10.4) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9.

(10.5) 'Shelter care' means:

(A) A licensed foster home or home approved by the court which may be a public or private home or the home of the noncustodial parent or a relative; or

(B) A facility operated by a licensed child welfare agency.

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(11) 'Status offender" means a juvenile child who is charged with or adjudicated of an offense which would not be a crime if it were committed by an adult, in other words, an act which is only an offense because of the perpetrator's status as a juvc aile child. Such offenses shall include, but are not limited to, truancy, running away from home, incorrigibility, and unruly behavior.
(12) 'Unruly child' means a child who:
(A) While subject to compulsory school attendance is habitually and without justification truant from school;
(B) Is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or other custodian and is ungovernable;
(C) Has committed an offense applicable only to a child;
(D) Without just cause and without the consent of his or her parent or legal custodian deserts his or her home or place of abode;
(E) Wanders or loiters about the streets of any city, or in or about any highway or any public place, between the hours of 12:00 Midnight and 5:00 A.M.;
(F) Disobeys the terms of supervision contained in a court order which has been directed to such child, who has been adjudicated unruly; or
(G) Patronizes any bar where alcoholic beverages are being sold, unaccompanied by such child's parents, guardian, or custodian, or possesses alcoholic beverages; and
(H) In any of the foregoing, is in need of supervision, treatment, or rehabilitation; or
(I) Has committed a delinquent act and is in need of supervision, but not of treatment or rehabilitation.

In all cases of final judgments of a juvenile court judge, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded except in the discretion of the judge; rather, the judgment or order of the court shall stand until re-
versed or modified by the reviewing court.

(a) Court of inquiry. The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 years of age or over that may be in violation of the laws of this state whenever the person is brought before the court in the course of any proceeding instituted under this article. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest. Where, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court

WEDNESDAY, JANUARY 26, 2000

195

shall cause the person to make the bond or bail as the court shall deem proper under the circumstances, to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law.
(b) Court of record. The juvenile court is a court of record, having a seal. The judge and his the judge's duly appointed representatives shall each have power to administer oaths and affirmations.
(dXc) Issuance of warrants by juvenile court judge. The juvenile court judge and associate juvenile court judge shall have authority to issue a warrant for the arrest of any juvenile offender child for an offense committed against the law laws of this state, based either on personal knowledge or the information of others given under oath.

(a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish a person for contempt of court for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders, subject to the law relating to the procedures therefor and the limitations thereon.
(b) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity for hearing, the court may impose any or all of the following sanctions when a parent, guardian, or other custodian willfully violates any order issued by the court directed to that parent, guardian, or other custodian:
(1) Require the parent, guardian, or other custodian of the child to make restitution in an amount not to exceed $2,500.00 for any damage or loss caused by the child's wrongful act;
(2) Impose a fine not to exceed $1,000.00;
(3) Reimburse the state for the costs of detention, treatment, or rehabilitation of the child;
(4) Require the parent, guardian, or other custodian of the child to perform court approved community service designed to contribute to the ability of the parent, guardian, or other custodian to provide proper parental care and supervision of the child; or
(5) Require the parent, guardian, or other custodian of the child to enter into a contract or plan as a part of the disposition of any charges against the child, so as to provide for the supervision and control of the child by the parent, guardian, or custodian and reunification of the child with the parent, guardian, or custodian.

(a) 'Indigent person' defined. An indigent person is one who at the time of requesting counsel is unable without undue financial hardship to provide for full payment of legal counsel and all other necessary expenses for representation.
(b) Right to legal representation. Except as otherwise provided under this article, a party is entitled to representation by legal counsel at all stages of any proceedings alleging delinquency, unruliness, incorrigibility, or deprivation and if, as an indigent person, fee a party is unable to employ counsel, he or she is entitled to have the court provide counsel for him or her. If a party appears without counsel, the court shall as-

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certain whether he such party knows of his or her right to counsel and to be provided with counsel by the court if he or she is an indigent person. The court may continue the proceeding to enable a party to obtain counsel and shall provide counsel for an unrepresented indigent person upon his the request of such a person. Counsel must be provided for a child not represented by his the child's parent, guardian, or custodian. If the interests of two or more parties conflict, separate counsel shall be provided for each of them.

16-11-31. 15-11-7.

(a) A party is entitled to the opportunity to introduce evidence and otherwise be heard in his or her own behalf and to cross-examine adverse witnesses.

(b) A child charged with a delinquent act need not be a witness against or otherwise incriminate himself or herself. An extrajudicial statement obtained in the course of violation of this article or one which would be constitutionally inadmissible in a criminal proceeding shall not be used against such child. Evidence illegally seized or obtained shall not be received over objection to establish the allegations made against him a child. A confession validly made by the child out of court is insufficient to support an adjudication of delinquency unless it is corroborated in whole or in part by other evidence.

(a) The following expenses shall be a charge upon the funds of the county upon certification thereof by the court:
(1) The cost of medical and other examinations and treatment of a child ordered by the court;
(2) The cost of care and support of a child committed by the court to the legal custody of an individual or a public or private agency other than the Department of Juvenile Justice, but the court may order supplemental payments, if such are necessary or desirable;
(3) Reasonable compensation for services and related expenses of counsel appointed by the court, where appointed by the court to represent the child and when appointed by the court to conduct the proceedings;
(4) Reasonable compensation for a guardian ad litem;
(5) The expense of service of summons, notices, and subpoenas, travel expenses of witnesses, transportation, subsistence, and detention of the child, and other like expenses incurred in the proceedings under this article chapter; and
(6) The cost of counseling and counsel and advice required or provided under the provisions of Code Section 16 11 36.1 Sections 15-11-57 and 15-11-68.
(b) If, after due notice to the parents or other persons legally obligated to care for and support the child and after affording them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses stated in subsection (a) of this Code section, the court may order them to pay the same and prescribe the manner of payment. In addition, the court may order payment from the parents or other legally obligated persons to reimburse all or part of the costs and expenses of the Department of Human Resources for treatment, care, and support of the child. Unless otherwise ordered, payment shall be made to the clerk of the court for

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remittance to the person or agency, including the Department of Human Resources, to whom compensation is due or, if the costs and expenses have heen paid by the county, to the appropriate officer of the county.

(a) As used in this Code section, the term 'court appointed special advocate' means a volunteer who has been screened and trained regarding deprivation, child development, and juvenile court procedures and has heen appointed as a guardian ad litem by the court in a deprivation case.
(b) The court at any stage of a proceeding under this article, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the child's behalf or if the interests of the parent, guardian, or custodian appearing on the child's behalf conflict with the child's interests or in any other case in which the interests of the child require a guardian. A party to the proceeding or the employee or representative of a party to the proceeding shall not be appointed. In deprivation cases, an attorney or court appointed special advocate, or both, may be appointed as the child's guardian ad litem.
16 11-66 15-11-10
(a) As used in this Code section, the term 'program' means a community based risk reduction program established pursuant to this Code section.
(b) Any court may by order establish within the geographical jurisdiction of the court a court approved community based risk reduction program for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, deprivation, or unruliness. Subject to the procedures, requirements, and supervision established in the order creating such program, any individual and any public or private agency or entity may participate in the program.
(c) In any jurisdiction within which a program has been established, when a child comes before the court for disposition in any case involving delinquency, deprivation, or unruliness, the court may order that an assessment be made of the child and the circumstances resulting in the child being before the court. The assessment would be developed by assembling existing information and individualized plans of the agencies involved in providing services to the child and his or her family. The court may further order that, if the assessment demonstrates a need therefor, a case plan may be developed by a panel representing community agencies as authorized by the court, which plan may be amended or revised from time to time by the court or by the panel taking into consideration requests for revision made by a parent, the parents, or a guardian. Upon request, the child or the parents, or both, may be present during any review of the child's case by the panel. Such case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist the child. The case plan shall be served on the child and the child's parent, parents, or guardian. Included with the case plan shall be a cover letter which contains the following information: (1) sources to explain to the recipient of the case plan the process, procedures, and penalties for not responding to the court order in the prescribed time period; and (2) the deadline for responding to the court order and stating objections to the case plan or any portion thereof, which shall be ten days from the date of service. If no objection is made or if the child, parent, parents, or guardian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time the child is under the jurisdiction of the court. If a child or a parent or guardian objects to the case plan, the

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court shall conduct a hearing, at which the court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 16 11 67 15-11-11, without the necessity of a show cause hearing, unless objection is made to the case plan. Code Section 16 11 67 15-11-11 should provide interventions reasonably neces-
sary to effect the appropriate treatment plan for the protection and benefit of the child.

(d) Notwithstanding any provision contained in this article, in this Code, or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a program established pursuant to this Code section may exchange, as necessary, information, medical records, school records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in the program. Such information shall be used by such individuals and agencies only for the purposes provided in this Code section and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential and the court may punish any violations of confidentiality as contempt of court. Any person who authorizes or permits any person or agency not listed in Code Section 49-5-41, Code Section 19-7-5, or this Code section to have access to such records concerning reports of child abuse declared confidential by Code Section 49-5-40 shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain records or reports of child abuse declared confidential by Code Section 49-5-40 or information contained therein except as authorized by Code Section 49-5-41, Code Section 19-7-5, or this Code section shall be guilty of a misdemeanor. Records made confidential by Code Section 49-5-40 and information obtained from such records may not be made a part of any record which is open to the public except that a district attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse. This Code section shall not abridge the provisions of Code Section 37-3-166, 37-4-125, or 37-7-166 relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.

(e)(l) As part of a program, a court may implement or adopt an early intervention program designed to identify children and families who are at risk of becoming involved with the court through petitions alleging that a child is delinquent, deprived, or unruly. Such early intervention program shall be for the purpose of developing and implementing intervention actions or plans to divert the children and their families from becoming involved in future cases in the court. The involvement of the judge of the court shall be for the limited purpose of facilitating the development of the program and for the purpose of protecting the confidentiality of the children and families participating in the program.

(2) As part of such an early intervention program, the court may enter into protocol agreements with school systems within the court's jurisdiction, the county department of family and children services, the county department of health, any state or local department or agency, any mental health agency or institution, local physicians or health care providers, licensed counselors and social workers, and any other social service, charitable, or other entity or any individual functioning within the jurisdiction of the court and with any other agency or individual providing educational or treatment services to families and children within the jurisdiction of the court. Such protocol agreements shall authorize those persons and agencies entering into

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them to exchange confidential information in the same manner and subject to the same restrictions, conditions, and penalties as provided in subsection (d) of this Code section.
(3) When any agency or entity participating in a protocol agreement under this subsection identifies a child who is at risk of becoming delinquent, deprived, or unruly, the agency or entity shall refer the case to a multiagency staffing panel. The panel shall develop a multiagency intervention plan for the child. The child or the parents, or both, may be present during any review of the child's case by the panel. The parents or guardian of the child shall be notified of the plan by the agency making the referral or by a person or entity designated by the panel to administer the program. The staff of the court, but not the judge, shall work with the other agencies involved to educate the parents and the child on the importance of following the plan and on the consequences if either the parents or the child is referred to the court. If an intervention plan is developed for a child and the parent or parents or guardian consents to the plan, the failure to comply with the plan or any portion thereof may constitute the basis for a referral to the department of family and children services as shall be provided in the protocol agreement.
6 11 67. 15-11-11.
(a) On application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if an order of disposition of a child has been or is about to be made in a proceeding under this article and due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:
(1) To stay away from the home or the child;
(2) To permit a parent to visit the child at stated periods;
(3) To abstain from offensive conduct against the child, Iris the child's parent, or any person to whom custody of the child is awarded;
(4) To give proper attention to the care of the home;
(5) To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court;
(6) To refrain from acts of commission or omission that tend to make the home not a proper place for the child;
(7) To ensure that the child attends school pursuant to any valid law relating to compulsory attendance;
(8) To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and
(9) To enter into and complete successfully a substance abuse program approved by the court.
(b) After notice and opportunity for hearing afforded to a person subject to a protective order, the order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby.

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(c) Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.
16 11 32 15-11-12
(a) If the allegations of a petition alleging delinquency, unruliness, or deprivation are admitted by a party or if notice of a hearing under Code Section 16-11-30 15-11-30.2 has been given, the court prior to the hearing on need for treatment or rehabilitation and disposition^ may direct that a social study and report in writing to the court be made by the probation officer of the court or other person designated by the court, concerning the child, his the child's family, his the child's environment, and other matters relevant to disposition of the case. If the allegations of the petition are not admitted and notice of a hearing under Code Section 16 11 80 15-11-30.2 has not been given, the court shall not direct the making of the study and report until after the court has heard the petition upon notice of hearing given pursuant to this article and has found that the child committed a delinquent act or is an unruly or deprived child.
(b) During the pendency of any proceeding, the court may order the child to be examined at a suitable place by a physician or psychologist and may also order medical or surgical treatment of a child who is suffering from a serious physical condition or illness which, in the opinion of a licensed physician, requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his or her refusal to consent to the treatment.
16 11 43. 15-11-13.
A custodian to whom legal custody has been given by the court under this article has the right to physical custody of the child, the right to determine the nature of the care and treatment of the child, including ordinary medical care, and the right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of the child, subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian.
16 11 17.1. 15-11-14.
(a) Notwithstanding Code Section 16 11 17 15-11-45 or any other provision of law, the Department of Human Resources is authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when:
(1) As a result of an emergency or illness, the person who had physical and legal custody of the child or children is unable to provide for the care and supervision of the child or children, and such person or 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 department exercise such emergency custody;
(2) The child or children are not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker.

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During such period, the department shall endeavor to place the child or children with a relative of the parent or guardian, in shelter care, or in emergency foster care, or shall make other appropriate placement arrangements. The department shall have the same rights and powers with regard to the child or children as does the custodial parent or other legal custodian.
(b) Immediately upon receiving custody of the child or children, the department shall begin a diligent search for a relative or other designee of the parent who can provide for the care and supervision of the child or children.
(c) At any time during such seven-day period, upon the parent or guardian's notification to the department that the parent or guardian, or a relative or designee thereof, is able to provide care to and exercise control over the child or children, the department shall release the child or children to the person having custody of the child or children at the time the child or children were taken into the custody of the department or to such person's relative or designee except as provided in subsection (d) of this Code section.
(d) Upon the expiration of such seven-day period, if the child or children have not been released pursuant to subsection (c) of this Code section or if the department determines that there is an issue of neglect, abandonment, or abuse, the department shall promptly contact a juvenile court intake officer or bring the child or children before the juvenile court pursuant to Code Section 16-11-10 or 16-11-21 15-11-47 or 15-11-49. If, upon making an investigation, the intake or other authorized officer of the court finds that shelter care is warranted for the child or children, then, for purposes of this article chapter, the child or children shall be deemed to have been placed in shelter care at the time such finding was made. The department may take such other and further actions under this article and all other provisions of law, as are authorized and appropriate, with regard to the child or children.
(e) During the period when a child is in the care and supervision of the department pursuant to this Code section, the department shall have the same authority to consent to medical treatment for the child as does the child's custodial parent or other legal custodian.
(f) The department and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision for a child pursuant to subsection (a) of this Code section, for consenting to medical treatment for the child pursuant to subsection (e) of this Code section, and for releasing the child pursuant to subsection (c) of this Code section.
Part 2
16 11-3. 15-11-18.
(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, 1983. 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, unless otherwise provided by a local Act. Each judge appointed will have the authority to act as judge of each juvenile court in the circuit. If no person is appointed a juvenile judge for the circuit, then the superior court judge or judges of the circuit shall assume the duties of the juvenile 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, 1983, shall continue until such

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time as a circuit-wide juvenile court judge is appointed or until terminated by two successive recommendations of the grand juries 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 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 circuit-wide juvenile court judge is appointed, any juvenile 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 of judges.

(1) Each juvenile judge appointed under this article shall serve for a term of years equal to that of the superior court judges of the circuit. Except as otherwise provided by law, the compensation of the juvenile judge shall be set by the judge or judges of the superior court with the approval of the governing authority or governing authorities of the county or counties for which he the juvenile judge is appointed. 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 follow-
ing amounts:

(A) Circuits with a population of 400,000 or more according to the United States decennial census of 1980 or any future such census.......$ 35,000.00

(B) Circuits with a population of 150,000 or more but less than 400,000 according to the United States decennial census of 1980 or any future such census .........................................................................

25,000.00

(C) Circuits with a population of 100,000 or more but less than 150,000 according to the United States decennial census of 1980 or any future such census .........................................................................

15,000.00

(D) Circuits with a population of 70,000 or more but less than 100,000 according to the United States decennial census of 1980 or any future such census .........................................................................

10,000.00

(E) Circuits with a population of less than 70,000 according to the United States decennial census of 1980 or any future such census.....

5,000.00

No state funds shall be available for the above contributions toward the salary of the judges on a per circuit basis until the General Assembly has appropriated funds for that specific purpose.

(2) The remaining amount of the salary of the juvenile judge provided for in paragraph (1) of this subsection shall be paid by the counties comprising the judicial circuit in the ratio which the population of the county bears to the total population of the counties comprising said circuit as shown by the latest official decennial census.

(e) Qualifications of judges. No person shall be judge of the juvenile court unless, at the time of feis appointment, fee such person 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.

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(g) Practice of law by judges. It shall be unlawful for the 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 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 the juvenile judge is called upon to give while performing his the duties as 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 judge of the superior court of a county, such action shall be taken by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be 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. All 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 judge is appointed.
16-11 8.1. 15-11-18.1.

(a) Whenever a juvenile court judge is appointed pursuant to Code Section 16 11 3 1511-18, it shall be the duty of the clerk of the superior court to forward to the Secretary of State and to the Council of Juvenile Court Judges a certified copy of the order of appointment. The order of appointment shall set out the name of the person appointed, the term of office, the effective date of the appointment, the name of the person being succeeded, if any, and whether the office was vacated by resignation, death, or otherwise. Upon receipt of said order, the Secretary of State shall issue a commission as for superior court judges.

(b) Whenever an associate juvenile court judge is appointed to serve in a juvenile court, the clerk of the court shall forward a certified copy of the order of appointment to the Council of Juvenile Court Judges.
1 g 1 1 A -I K 1 1 1Q J.U J..L ft. XJ-J-J.-1I7.
(a) All of the judges and associate judges of the courts exercising jurisdiction over juveniles children shall constitute a Council of Juvenile Court Judges. The council shall annually elect from among its members a judge to serve as presiding judge and chairman chairperson of the council. The council shall meet at stated times to be fixed by it, on call of the chairman chairperson. It may establish general policies for the conduct of courts exercising jurisdiction over juvcnilca children and may promulgate uniform rules and forms governing procedures and practices of the courts. It shall publish an annual report of the work of the courts exercising jurisdiction over juveniles children, which shall include statistical and other data on the courts' work and services, research studies it may make of the problems of children and families dealt with by the courts, and any recommendations for legislation. The council is authorized to inspect and copy records of the court, law enforcement agencies, and the Department of Human Resources for the purpose of compiling statistical data on
children.

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(b) Subject to the approval of the council, the presiding judge shall appoint a chief administrative and executive officer for the council, who shall have the title of director of the council. Under the general supervision of the presiding judge and within the policies established by the council, the director shall:
(1) Provide consultation to the courts regarding the administration of court services and the recruitment and training of personnel;
(2) Make recommendations to the council for improvement in court services;
(3) With the approval of the presiding judge, appoint consultants and necessary clerical personnel to perform the duties assigned to the council and the director;
(4) Collect necessary statistics and prepare an annual report of the work of the courts;
(5) Promulgate in cooperation with the Department of Juvenile Justice or any successor department or agency standard procedures for coordinating state and local probation services throughout the state; and
(6) Perform such other duties as the presiding judge shall specify.
16-11-4.1. 15-11-20.
(a) The Council of Juvenile Court Judges, in conjunction with the Institute of Continuing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions relative to those seminars by court rules properly adopted; provided, however, that said judges shall receive credit for attending seminars outside of this state only in circumstances of hardship as determined by the Council of Juvenile Court Judges.
(b) These seminars shall offer instruction and training in juvenile law and procedure, child development and psychology, sociological theories relative to delinquency and breakdown of the family structure, and such other training and activities as the council may determine would promote the quality of justice in the juvenile court system.
(c) Expenses of administration of this seminar program and actual expenses incurred by the judges or associate juvenile court judges in attending these seminars shall be paid from state funds appropriated for the council for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. These expenses for judges and associate juvenile court judges shall not exceed the allowances allowed members of the General Assembly.
(d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall participate in at least one seminar established or approved by the Council of Juvenile Court Judges each year and meet such rules as established by the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges shall not exercise juvenile court jurisdiction after January 1, 1983, unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointment; provided, however, that the council may in hardship cases extend deadlines for compliance with this Code section.

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15-11-21.
(a) The judge may appoint one or more persons to serve as associate juvenile court judge in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. Except as provided in subsection (b) of this Code section, an associate juvenile court judge shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
(b) In each county having a population of 75,000 or more according to the United States decennial census of 1990 or any such future census and which employs a fulltime juvenile court judge, each associate juvenile court judge appointed after July 1, 1994, shall have the same qualifications as required for a judge of the juvenile court as provided in subsection (e) of Code Section 16 11 8 15-11-18; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
(c) The judge may direct that hearings in any case or class of cases involving alleged delinquent, unruly, or deprived children shall be conducted in the first instance by the associate juvenile court judge in the manner provided by this article. If a party so requests, the hearing shall be conducted by the judge except for detention hearings or probable cause hearings, which shall be conducted by the associate juvenile court judge if directed to do so by the judge.
(d) Upon the conclusion of a hearing before an associate juvenile court judge, the associate juvenile court judge shall sign and file an order of the court which sets forth the decision made by the associate juvenile court judge. A copy of the order shall be given to the parties to the proceedings.
(e) A rehearing may be ordered by the judge at any time and, except for detention hearings or probable cause hearings, shall be ordered if a party files a written request therefor within five days after receiving a copy of the order of the associate juvenile court judge.
1 fi 11 50 15-11-22
(a) The judge may appoint one or more persons to serve at the pleasure of the judge as associate juvenile court traffic judges on a full-time or part-time basis. An associate juvenile court traffic judge shall be a member of the State Bar of Georgia or shall be otherwise qualified by experience and training. The compensation of the associate juvenile court traffic judges shall be fixed by the judge with the approval of the governing authority of the county and shall be paid in equal monthly installments from county funds, unless otherwise provided by law.
(b) The court may direct that any case or class of cases arising under Code Section 1611-49 15-11-73 shall be heard in the first instance by an associate juvenile court traffic judge who shall conduct the hearing in accordance with Code Section 16 11 10 1511-73. Upon the conclusion of the hearing, the associate juvenile court traffic judge shall file an order of the court with a copy thereof to the child and other parties to the proceedings.

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In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any attorney at law resident in the judicial circuit in which the court lies, any judge or senior judge of the superior courts, or any duly appointed juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint. The person so appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services.
16 11 0. 15-11-24.
The judge of the juvenile court shall have the authority to appoint clerks and any other personnel necessary for the execution of the purposes of this article chapter. The compensation of the employees shall be fixed by the judge, with the approval of the governing authority of the county. The salaries of the employees shall be paid out of county funds. All appointments shall be made from eligible lists secured from the local merit boards in those counties where such boards exist or from lists established by competitive examinations conducted by the court. The appointment, salary, tenure, and all other conditions of employment of the employees shall be in accordance with the laws and regulations governing the merit system in operation or such rules and regulations as are established by the court. Any employee of the court may be removed for cause by the judge of the court, the reasons therefor to be assigned in writing.
16 11 7. 15-11-24.1.
The judge may appoint one or more probation officers who shall have the powers and duties stated in Code Section 16-11-8 15-11-24.2. The salaries of the probation officers shall be fixed by the judge with the approval of the governing authority of the county or counties for which they are appointed and shall be payable from county funds.
A probation officer:
(1) Shall make investigations, reports, and recommendations to the court as directed by this article;
(2) Shall receive and examine complaints and charges of delinquency, unruly conduct, or deprivation of a child for the purpose of considering the commencement of proceedings under this article;
(3) Shall supervise and assist a child placed on probation or in the protective supervision or care of such probation officer by order of the court or other authority of law;
(4) Shall make appropriate referrals to other private or public agencies of the community if their assistance appears to be needed or desirable;

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(5) May take into custody and detain a child who is under the supervision or care of such probation officer as a delinquent, unruly, or deprived child if the probation officer has reasonable cause to believe that the child's health or safety or that of another is in imminent danger, or that the child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this article. A probation officer may not conduct accusatory proceedings against a child who is or may be under such probation officer's care or supervision;
(6) Shall perform all other functions designated by this article chapter or by order of the court pursuant thereto. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and
(7) Other laws to the contrary notwithstanding, no county juvenile intake or probation officer or staff of the Department of Juvenile Justice serving as juvenile intake or probation officer shall be liable for the acts of any juvenile child not detained or taken into custody as provided in paragraph (5) of this Code section when, in the judgment of such officer, such detention or custody is not warranted.
16 11 0.1. 15-11-24.3.
(a) As used in this Code section, the term:
(1) 'Department' means the Department of Juvenile Justice.
(2) 'Probation and intake employees' means any probation officer specified in Code Section 16-11 7 15-11-24.1 and any personnel of a juvenile court to whom are delegated the duties of an intake officer under this article, other than a juvenile court judge, associate juvenile court judge, or court service worker.
(3) 'Probation and intake services' means those services provided by probation and intake employees for the juvenile court of a county.
(b) After June 30, 1992, the intake and probation services of the juvenile court of each county may be transferred to and become a part of the state-wide juvenile and intake services and fully funded through the department. The intake and probation employees of juvenile courts of those counties whose intake and probation services are transferred pursuant to this Code section shall become employees of the department on the date of such transfer and on and after that date such employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department.
(c) The intake and probation services of the juvenile court of a county may be transferred to the department pursuant to this Code section by local Act of the General Assembly which approves such transfer and becomes effective after June 30, 1992.
Part 3
16 11 5. 15-11-28.
(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:

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(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 16-11-40 15-11-73; 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 child'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 child 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; or
(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.
(b) Criminal jurisdiction.
(1) Except as provided in paragraph (2) of this subsection, the court shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution.
(2)(A) The superior court shall have exclusive jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses:
(i) Murder;
(ii) Voluntary manslaughter;
(iii) Rape;
(iv) Aggravated sodomy;
(v) Aggravated child molestation;

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(vi) Aggravated sexual battery; or
(vii) Armed robbery if committed with a firearm.
(A.I) The granting of bail or pretrial release of a juvenile child charged with an offense enumerated in subparagraph (A) of this paragraph shall be governed by the provisions of Code Section 17-6-1.
(B) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 16'11-37 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section

(C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 16-11-37 15-11-63 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 16 11 37 15-11-63.
(D) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate.
(E) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has exclusive jurisdiction as provided in subparagraph (A) of this paragraph or adjudicated delinquent on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific criminal offense that such child committed. A local school system to which the student child is assigned may request further information from the court's file.
(c) Concurrent custody and support jurisdiction. Where custody is the subject of controversy, except in those cases where the law gives the superior courts exclusive jurisdiction, in the consideration of these cases the juvenile court shall have concurrent jurisdiction to hear and determine the issue of custody and support when the issue is transferred by proper order of the superior court.

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(d) Age limit for new actions. The juvenile court shall not have jurisdiction to initiate any new action against an individual for acts committed after he or she has reached the age of 17 years. This subsection does not affect the court's jurisdiction to enter extension orders pursuant to Code Section 16 11 41 15-11-58.
(e) Concurrent jurisdiction as to legitimation petitions.
(1) The juvenile court shall have concurrent jurisdiction to hear any legitimation petition transferred to the juvenile court by proper order of the superior court.
(2) The juvenile court shall have jurisdiction to hear any legitimation petition filed pursuant to Code Section 19-7-22 as to a child with respect to whom a deprivation proceeding is pending in the juvenile court at the time the legitimation petition is filed.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, after a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for such jury trial.
1J.UK" 1J. 1X" 1J-KU. iIQP;- 1i 1L-^OiiQJ .
(a) A proceeding under fhis article may be commenced in the county in which the child resides. If delinquent or unruly conduct is alleged, the proceeding may be commenced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred. If deprivation is alleged, the proceeding may be brought in the county in which the child is present when it is commenced; provided, however, that for the convenience of the parties and witnesses, the court may transfer the proceeding to the county in which the child resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer. A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit.
(b) When a superior court judge sits as juvenile court judge, hearings in connection with any proceeding under this article may be heard before the judge in any county within the judicial circuit over which the judge presides.
1 -SO
(a) As used in this Code section, the term:
(1) 'Adjudicating court' means the juvenile court which makes a finding that a child has committed an unruly or delinquent act.
(2) 'Nonresident child' means a child who is a resident of a county of this state other than a county encompassed by the circuit of the adjudicating court.
(3) 'Resident child' means a child who is a resident of a county encompassed by the circuit of the adjudicating court.
(b) Except as provided in subsection (c) of this Code section, if the adjudicating court finds that a nonresident child has committed an unruly or delinquent act, the adjudicating court may after adjudication of delinquency or unruliness retain jurisdiction over the disposition of the nonresident child or may transfer the proceeding to the

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county of the child's residence for disposition. Like transfer may be made if the residence of the child changes pending the proceeding. Prior to making any order for disposition of the nonresident child, the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition.
(c) If the adjudicating court finds that a nonresident child has committed an unruly or delinquent act and that the court has jurisdiction over one or more resident children who also participated in the same delinquent or unruly act, then the adjudicating court may retain jurisdiction over the disposition of the nonresident child or may transfer the proceedings as provided in subsection (a) (b) of this Code section. Prior to making any order for disposition of the nonresident child the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudication of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the disposition of the nonresident child. Any such recommendations shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition.
(d) When any case is transferred pursuant to subsection (b) of this Code section certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the court shall accompany the transfer.
16-11-6. 15-11-30.1.
(a) The court is vested with jurisdiction to appoint a guardian of the person or property of any child and with jurisdiction over proceedings involving any child whose custody is the subject of controversy. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons and properties of minors by the judge of the probate court.
(b) Courts of record, in handling divorce, alimony, or habeas corpus cases involving the custody of a child or children, may transfer the question of the determination of custody and support to the juvenile court for investigation and a report back to the superior court or for investigation and determination. If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this article in compliance with the order of the superior court. At any time prior to the determination of such question, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.
1-SO 2
(a) Except as otherwise provided in subsection (b) of this Code section, after a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 16 11 38, 16 11 30, and 16 11-31 15-11-6, 15-11-7, and 15-11-41;

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(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his the child's parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that:
(A) The child committed the delinquent act alleged;
(B) The child is not committable to an institution for the mentally retarded or mentally ill; and
(C) The interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and
(4) The child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution.
(b) After a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits shall transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 16 11 28, 16 11 30, and 16 11 31 1S-11-6, 15-11-7, and 15-11-41;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his the child's parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that the child while confined to a youth development center committed the offense of murder, voluntary manslaughter, aggravated assault, or aggravated battery as defined in Chapter 5 of Title 16; and
(4) The child was at least 14 years of age at the time of the alleged conduct described in paragraph (3) of this subsection.
(c) The transfer terminates the jurisdiction of the juvenile court over the child with respect to an adjudication of delinquency as to the delinquent acts alleged in the petition.
(d) No child, either before or after reaching 17 years of age, shall be prosecuted for an offense previously committed unless the case has been transferred as provided in this Code section.
(e) Statements made by the child at any hearing under this article are not admissible against tea the child over objection in the criminal proceedings following the transfer.
(f) This Code section shall not apply to any proceeding within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 16-11 6 15-11-28.

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16-11 30.1. 15-11-30.3.
(a) After a petition has been filed alleging that a child 15 years of age or older has committed a designated felony act, the court shall follow the procedure specified in this Code section if the designated felony act alleged to have been committed would have constituted the crime of burglary if done by an adult and the child has been found at separate court appearances to have committed acts which would have constituted the crime of burglary if done by an adult on three or more previous occasions.
(b) If this Code section applies, the court shall hold a hearing in conformity with Code Sections 16 11 28, 16 11 30, and 16 11 31 15-11-6, 15-11-7, and 15-11-41. Notice shall be given in writing of the time, place, and purpose of the hearing to the child and his the child's parents, guardian, or other custodian at least three days before the hearing.
(c) If at the hearing the court determines that there are reasonable grounds to believe that the child committed the designated felony act alleged, the court shall transfer the offense to superior court for prosecution. The transfer terminates the jurisdiction of the juvenile court over the child with respect to the designated felony act alleged. The transfer order shall constitute a determination by a court of inquiry that there is probable cause to commit the child as a defendant to the criminal court competent to try him the child. After such a transfer, until and unless a judgment of guilt is entered and sentence pronounced, the child shall be detained as a juvenile and only as provided in subsection (a) of Code Section 16 11 20 15-11-48.
(d) Upon the transfer of any matter to superior court under this Code section, the district attorney shall after investigation report to the judge whether the matter should be retransferred to juvenile court; and the superior court may upon such a report or on its own motion order the matter retransferred to juvenile court. After such a retransfer, the provisions of subsection (d) of Code Section 15-11-37 15-11-63 shall apply as in other cases.
16 1161 through 16 1164.

15-11-30.4.
If it appears to any court in a criminal proceeding or a quasi-criminal proceeding that the defendant is a child, except in cases where the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 16 11 6 15-11-28, the case shall forthwith be transferred to the juvenile court together with a copy of the accusatory pleading and all other papers, documents, and transcripts of testimony relating to the case. The transferring court shall order that the defendant child be taken forthwith to the juvenile court or to a place of detention designated by the court or shall release him or her to the custody of his or her parent, guardian, custodian, or other person legally responsible for him or her, to be brought before the juvenile court at a time designated by that court. The accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs the filing of a petition.
15 1141.1. 15-11-30.5.
Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent or

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parents to whom reunification is directed. Said transferring court shall provide the receiving court within 30 days of the filing of the transfer order with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and such other court documents deemed necessary by the sending court to enable the receiving court to assume jurisdiction over the matter. Compliance with this Code section shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.
Part 4
^g ^^ ^ 15-11-35
A proceeding under this article may be commenced:
(1) By transfer of a case from another court as provided in Code Section 16-11-13 15-11-30.4;
(2) As provided in Code Section 16 11 40 15-11-73 in a proceeding charging a juvenile traffic offense;
(3) By the court accepting jurisdiction as provided in Code Section 16 11 46 15-1188 or accepting supervision of a child as provided in Code Section 16 11-47 15-11-90;
(4) In other cases of alleged delinquency, unruliness, or deprivation by the filing of a petition as provided in this article. The petition and all other documents in the proceeding shall be entitled 'In the interest of __________, a child,' except upon appeal, in which event the anonymity of the child shall be preserved by appropriate use of initials; or
(5) In other cases as provided by law.

Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue, or the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under this article.
ic 11 23 1*1-11-37
A petition alleging delinquency, deprivation, or unruliness of a child shall not be filed unless the court or a person authorized by the court has determined and endorsed upon the petition that the filing of the petition is in the best interest of the public and the child.
16 11 24 15-11-38
Subject to Code Section 16 11 23 15-11-37, the petition alleging delinquency, deprivation, or unruliness of a child may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that they are true.
1J.UK 1H1. m aOiE), J1 .Or -X-i --Li -QqoO. -.iL.
The petition shall be verified and may be on information and belief. It shall set forth plainly:

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(1) The facts which bring the child within the jurisdiction of the court, with a statement that it is in the best interest of the child and the public that the proceeding be brought and, if delinquency or unruly conduct is alleged, that the child is in need of supervision, treatment, or rehabilitation, as the case may be;
(2) The name, age, and residence address, if any, of the child on whose behalf the petition is brought;
(3) The names and residence addresses, if known to petitioner, of the parents, guardian, or custodian of the child and of the child's spouse, if any; or, if neither his the child's parents, his nor the child's guardian, nor his the child's custodian reside resides or can be found within the state or if their respective places of residence address are unknown, the name of any known adult relative residing within the county or, if there is none, the known adult relative residing nearest to the location of the court; and
(4) If the child is in custody and, if so, the place of his or her detention and the time he the child was taken into custody.

(a) After the petition has been filed the court shall fix a time for hearing thereon, which, if the child is in detention, shall not be later than ten days after the filing of the petition. In the event the child is not in detention, the court shall fix a time for hearing thereon which shall be not later than 60 days from the date of the filing of the petition.
(b) The court shall direct the issuance of a summons to the parents, guardian, or other custodian, a guardian ad litem, and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. The summons shall also be directed to the child if he or she is 14 or more years of age or is alleged to be a delinquent or unruly child. A copy of the petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of the petition can be obtained.
(c) The court may endorse upon the summons an order directing the parents, guardian, or other custodian of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing. In the event a parent, guardian, or other custodian of the child willfully fails to appear personally at the hearing after being ordered to so appear, or the parent, guardian, or other custodian of the child willfully fails to bring the child to the hearing after being so directed, the court may enter any order authorized by and in accordance with the provisions of Code Section 16 11-62 15-11-5.
(eKd) The summons shall state that a party is entitled to counsel in the proceedings and that the court will appoint counsel if the party is unable without undue financial hardship to employ counsel.
(f-Ke) A party other than the child may waive service of summons by written stipulation or by voluntary appearance at the hearing. If the child is present at the hearing, his the child's counsel, with the consent of the parent, guardian, other custodian, or guardian ad litem, may waive service of summons in his the child's behalf.

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(a) If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally at least 24 hours before the hearing. If he a party to be served is within this state and cannot be found but his or her address is known or can with reasonable diligence be ascertained, the summons may be served upon tea such party by mailing him or her a copy thereof by registered or certified mail at least five days before the hearing. If he a party to be served is outside this state but he or she can be found or his or her address is known or his or her whereabouts or address can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy thereof to hie* such party personally or by mailing a copy to him or her by registered or certified mail at least five days before the hearing.
(b) If, after reasonable effort, a party to be served with a summons cannot be found and his such party's post office address cannot be ascertained, whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication in accordance with Code Sections 9-11-4 and 9-11-5. The hearing shall not be earlier than five days after the date of the last publication.
(c) Service of the summons may be made by any suitable person under the direction of the court.
(d) The court may authorize the payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
(a) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition and enter an interlocutory order of disposition if:
(1) The petition alleges delinquency, unruly conduct, or deprivation of the child;
(2) The summons served upon any party:
(A) States that prior to the final hearing on the petition designated in the summons a provisional hearing thereon will be held at a specified time and place;
(B) Requires the party who is served other than by publication to appear and answer the allegations of the petition at the provisional hearing;
(C) States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and
(D) Otherwise conforms to Code Section 16 11-26 15-11-39; and
(3) The child is personally before the court at the provisional hearing.
(b) All provisions of this article applicable to a hearing on a petition, to orders of disposition, and to other proceedings dependent thereon shall apply under this Code section, but findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition. The rights and duties of the party served by publication are not affected except as provided in subsection (c) of this Code section.

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(c) If the party served by publication fails to appear at the final hearing on the petition, the findings of fact and interlocutory orders made shall become final without further evidence and shall be governed by this article as if made at the final hearing. If the party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of the petition without regard to this Code section.
16-11 42 15-11-40
(a) An order of the court shall be set aside if:
(1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action;
(2) The court lacked jurisdiction over a necessary party or of the subject matter; or
(3) Newly discovered evidence so requires.
(b) An order of the court may also be changed, modified, or vacated on the ground that changed circumstances so require in the best interest of the child, except an order committing a delinquent child to the Department of Juvenile Justice, after the child has been transferred to the physical custody of the Department of Juvenile Justice, or an order of dismissal. An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed.
(c) Any party to the proceeding, the probation officer, or any other person having supervision or legal custody of or an interest in the child may petition the court for the relief provided in this Code section. The petition shall set forth in clear and concise language the grounds upon which the relief is requested.
(d) After the petition is filed, the court shall fix a time for hearing and shall cause notice to be served, as a summons is served under Code Section 16 11 27 15-11-39.1, on the parties to the proceeding or those affected by the relief sought. After the hearing, which may be informal, the court shall deny or grant relief as the evidence warrants.

(a) All hearings shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court as set forth in subsection (& (d) of Code Section 16 11 33 15-11-56.
(b) Unless waived by the juvenile child and his the child's parent, guardian, or attorney, the proceedings shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means.
(dXc) In any proceeding before the juvenile court, the judge, upon his the court's own motion, may request the assistance of the district attorney or a member of his the district attorney's staff to conduct the proceedings on behalf of the petitioner. If for any reason the district attorney is unable to assist, the judge may appoint legal counsel for such purpose.
(eXd) In any delinquency proceeding in which a petition has been filed, the district attorney or a member of his the district attorney's staff shall conduct the proceedings on behalf of the state if requested to do so by the juvenile court if the state is not otherwise represented by a solicitor of the juvenile court. Notwithstanding any other provi-

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sions of law to the contrary, in any delinquency proceedings conducted by the district attorney or a member of Iris the district attorney's staff, the district attorney or staff member shall be entitled to complete access to all court files, probation files, hearing transcripts, delinquency reports, and any other juvenile court records which may be of assistance to the district attorney or staff member in the conduct of such delinquency proceedings. It shall be the duty of the clerk and probation officers of the juvenile court to assist the district attorney or staff member in obtaining any such files, transcripts, reports, or records, or copies thereof, as may be requested by the district attorney or staff member. In any such case, the petition shall be dismissed by the court upon the motion of the district attorney setting forth that there is not sufficient evidence to warrant the further conduct of the proceeding.
(f)(e)(l) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent child's alleged offense that the victim may submit a victim impact statement if:
(A) The delinquent child, in committing a felony, caused physical, psychological, or economic injury to the victim; or
(B) The delinquent child, in committing a misdemeanor, caused serious physical injury or death to the victim.
(2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the district attorney or the judge during any stage of the proceedings against the child involving predisposition, disposition, or determination of restitution.
(3) A victim impact statement shall:
(A) Identify the victim of the offense and the perpetrator;
(B) Itemize any economic loss suffered by the victim as a result of the offense;
(C) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence;
(D) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;
(E) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and
(F) Contain any other information related to the impact of the offense upon the victim that the court requires.
(4) The victim may complete the victim impact statement form and submit such form to the juvenile court. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim.
(5) The court shall, in the manner prescribed by rule of court, provide the child with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the child to have the opportunity to rebut the victim's written statements.

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(6) No disposition of the child shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person.

At any hearing on a petition alleging deprivation of a child, the court shall make and file its findings as to whether the child is a deprived child, as defined in paragraph (3) (8) of Code Section 15-11-2, and whether such deprivation is found to have been the result of alcohol or other drug abuse.

Parts

^g j^ ^ 15-11-45

(a) A child may be taken into custody:

(1) Pursuant to an order of the court under this article, including an order to an employee of the Department of Juvenile Justice designated in accordance with paragraph (2) of subsection (i) of Code Section 49-4A-8 or to an employee of the Department of Corrections, to apprehend a child who has escaped from an institution or facility operated either by the Department of Juvenile Justice or the Department of Corrections or a child who has been placed under supervision and who has broken the conditions thereof;

(2) Pursuant to the laws of arrest;

(3) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has committed a delinquent act or if there are reasonable grounds to believe that he or she is an unruly child;
(4) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and that his or her removal is necessary;

(5) By a law enforcement officer or duly authorized officer of the court if there are reasonable grounds to believe that the child has run away from his or her parents, guardian, or other custodian;
(6) By a law enforcement officer or duly authorized officer of the court if a parent or guardian of a child has contacted a law enforcement agency and reported that the child is absent from parental custody without consent and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 16 11 10 15-11-47 is available; or
(7) By a law enforcement officer or duly authorized officer of the court if a child is violating a curfew and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 16-11 10 15-11-47 is available.
(b) The taking of a child into custody is not an arrest, except for the purpose of determining its validity under the Constitution of this state or of the United States.
(c) When a child who is taken into custody pursuant to this article has committed an act which would constitute a felony under the laws of this state if committed by an adult, the juvenile court, within 48 hours after it learns of the taking into custody, shall notify the district attorney or duly authorized assistant district attorney of the judicial circuit in which the juvenile proceedings are to be instituted.

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16-11-18. 15-11-46.
A child taken into custody shall not be detained or placed in shelter care prior to the hearing on the petition unless:
(1) His The child's detention or care is required to protect the person or property of others or of the child;
(2) The child may abscond or be removed from the jurisdiction of the court;
(3) He The child has no parent, guardian, or custodian or other person able to provide supervision and care for him or her and return him or her to the court when required; or
(4) An order for his the child's detention or shelter care has been made by the court pursuant to this article.
16 11 18.1. 15-11-46.1.
(a) As a matter of public policy, restraints on the freedom of accused juveniles children prior to adjudication shall be imposed only when there is probable cause to believe that the accused juvenile child did the act of which he or she is accused and there is clear and convincing evidence that the juvenile's child's freedom should be restrained.
(b) The imposition of interim control or detention on an accused juvenile child may be considered for the purposes of:
(1) Protecting the jurisdiction and process of the court;
(2) Reducing the likelihood that the juvenile child may inflict serious bodily harm on others during the interim period; or
(3) Protecting the accused juvenile child from imminent bodily harm upon his or her request.
(c) Interim control or detention shall not be imposed on an accused juvenile child:
(1) To punish, treat, or rehabilitate the juvenile child;
(2) To allow parents to avoid their legal responsibilities;
(3) To satisfy demands by a victim, the police, or the community;
(4) To permit more convenient administrative access to the juvenile child; or
(5) To facilitate further interrogation or investigation.
(d) Whenever an accused juvenile child cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the juvenile child shall be favored over more intrusive alternatives.
(e) Whenever the interim curtailment of an accused juvenile's child's freedom is permitted under this Code section, the exercise of authority shall reflect the following values:

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(1) Respect for the privacy, dignity, and individuality of the accused juvenile child and his or her family;
(2) Protection of the psychological and physical health of the juvenile child;
(3) Tolerance of the diverse values and preferences among different groups and individuals;
(4) Assurance of equality of treatment by race, class, ethnicity, and sex;
(5) Avoidance of regimentation and depersonalization of the juvenile child;
(6) Avoidance of stigmatization of the juvenile child; and
(7) Assurance that the juvenile child has been informed of his or her right to consult with an attorney and that if fee the child cannot afford an attorney, one will be provided.
j^g j^ -^Q 15-11-47
(a) Release to parents; delivery to medical facility, intake officer, or court. A person taking a child into custody, with all reasonable speed and without first taking the child elsewhere, shall:
(1) Forthwith release without bond the child to feis the child's parents, guardian, or other custodian upon their promise to bring the child before the court when requested by the court;
(2) Forthwith deliver the child to a medical facility if the child is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer. Immediately upon being notified by the person taking a child into custody, the intake officer shall determine if such child should be released, detained, or brought before the court. Prior to an informal detention hearing or committal hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17, the child shall be placed in detention, if necessary, only in such places as are authorized by Code Section 16 11-20 15-11-48;
(3) Bring the child immediately before the juvenile court or promptly contact a juvenile court intake officer. The intake officer shall determine if the child should be released or detained. Prior to an informal detention hearing, the child shall be placed in detention, if necessary, only in such places as are authorized by Code Section 46-
15-11-48; or
(4) Bring the child who is suspected of committing a delinquent act before the superior court of the county where the delinquent act occurred if the act is an act over which the superior court has exclusive or concurrent jurisdiction as provided in subsection (b) of Code Section 16-11 6 15-11-28; however, pending a commitment hearing authorized under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment, the child shall be returned and placed in detention, if necessary, only in such places as are authorized by Code Section 16-11-20 15-11-48.
(b) Failure of parent to bring child before court. If a parent, guardian, or other custodian, when requested, willfully fails to bring the child before the court as provided in subsection (a) of this Code section, the court may issue its order directing that the child be taken into custody and brought before the court and, in addition, may enter

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any order authorized by and in accordance with the provisions of Code Section 16 11 62 15-11-5. If it is necessary to place the child in detention prior to his or her appearance in court, the child shall be placed in a facility as authorized by Code Section 46-
15-11-48.
(c) Notice; temporary detention or questioning. The person taking a child into custody shall promptly give notice thereof, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. Any temporary detention or questioning of the child necessary to comply with this Code section shall conform to the procedures and conditions prescribed by this article and rules of court.
(d) Bail. All juveniles children subject to the jurisdiction of the juvenile court and alleged to be delinquent or unruly, on application of the parent or guardian, shall have the same right to bail as adults; and the judge shall admit to bail all juvcnilca children under Ms the court's jurisdiction in the same manner and under the same circumstances and procedures as are applicable to adults accused of the commission of crimes.
(e) Treatment of unruly child.
(1) With respect to a child suspected of being unruly as defined in paragraph (12) of Code Section 15-11-2 or a child who is in violation of a curfew, a person taking such a child into custody shall not exercise custody over the child except for a period of 12 hours. A child taken into custody may be detained in a holding facility for unruly children as provided for in paragraph (2) of this subsection. If a parent or guardian has not assumed custody of the child at the end of such period or if the child has not been brought before the juvenile court or if an intake officer has not made a detention decision, the child shall be released from custody. In no case shall such a child in custody be detained in a jail.
(2) Counties and municipalities are authorized to establish facilities where a child who is suspected of being unruly or who is in violation of a curfew may be informally detained until the parent or guardian assumes custody of the child. Immediately after a child is brought into such a facility, every effort shall be made to contact the parent or guardian of the child. A child shall not be restrained in a cell or other such place apart from other children unless such child engages in disruptive or unruly behavior while at the holding facility.
1-48

(a) Allegation of delinquency. A child alleged to be delinquent may be detained only in:
(1) A licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative;
(2) A facility operated by a licensed child welfare agency; or
(3) A detention home or center for delinquent children which is under the direction or supervision of the court or other public authority or of a private agency approved by the court.
(b) Allegation of capital or violent offense. A child alleged to have committed an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 16-11 6 15-11-28 shall be detained pending a commitment hearing under Code Sections 17-6-15 and 17-6-16 and Articles 1, 2, and 8 of Chapter 7 of Title 17 or an indictment only in a facility described in paragraphs (1) through (3)

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of subsection (a) of this Code section unless it appears to the satisfaction of the court in which the case is pending that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.
(c) Transfer following indictment. Following an indictment for an offense over which the superior court has exclusive or concurrent jurisdiction under subsection (b) of Code Section 16 11 6 15-11-28 or following the transfer of a case to any court for criminal prosecution under Code Section 16 11 80 15-11-30.2, the child shall be held only in a facility described in paragraphs (1) through (3) of subsection (a) of this Code section unless it appears to the satisfaction of the superior court that public safety and protection reasonably require detention in the jail and the court so orders, but only where the detention is in a room separate and removed from those for adults and constructed in such a way that there can be no physical contact between a child and an adult offender.
(d) Notification of court by official of jail. The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall immediately inform the juvenile court or a duly authorized officer of the juvenile court if a person who is or appears to be under the age of 17 years is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention or shelter care facility designated by the court; provided, however, the official in charge of a jail or other facility for the detention of adult offenders or persons charged with a crime shall immediately inform the court in which the case is pending or a duly authorized officer of such court if a person who is or appears to be 13 to 17 years of age and who is alleged to have committed any offense enumerated in subparagraph (b)(2)(A) of Code Section 16-11-6 15-11-28 is received at the facility and shall bring him or her before the court upon request or deliver him or her to a detention facility designated by the court. Such child shall not be held in the jail but may be held in a temporary holding area outside of the jail constructed as such for not longer than six hours pending transfer to the detention facility. For purposes of this Code section, the term 'jail' shall include not only the cells, but any other secured area of the jail adjacent to the cells in which adult offenders are held or through which they are transported.
(e) Allegation of unruliness. A child unruly or alleged to be unruly who has not been released from custody as provided in subsection (e) of Code Section 16 11-10 15-11-47 may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a secure juvenile detention facility for a period not to exceed 72 hours; provided, however, upon written order of the judge having jurisdiction of the case and upon good cause shown, a child alleged to be unruly may be detained for one additional period not to exceed 48 hours; provided, further, that no child alleged to be or found to be unruly who has not previously been adjudicated unruly may be detained in a secure juvenile detention facility unless such child is alleged to be under the court's jurisdiction as provided in subparagraph (D) of paragraph (12) of Code Section 15-11-2 and then shall be detained in that facility only so long as is required to effect the child's return home or to ensure the child's presence at a scheduled court appearance when the child has previously failed to appear for a scheduled court appearance. In the event a child alleged to be unruly comes within the purview of the Interstate Compact on Juveniles and the proper authorities of a demanding state have made an official return request to the proper authorities of this state, the Interstate Compact on Juveniles shall apply to the child.

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(f) Allegation of deprivation. A child alleged to be deprived may be placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (a) of this Code section or in a shelter care facility operated by the court. The actual physical placement of a child pursuant to this subsection shall require the approval of the judge of the juvenile court or his or her designee.
(g) Data to be maintained. All facilities that detain juveniles children for pretrial detention shall maintain the following data on each child detained:
(1) Name;
(2) Date of birth;
(3) Sex;
(4) Race;
(5) Offense or offenses for which being detained;
(6) Date of and authority for confinement;
(7) Date of and authority for release or transfer; and
(8) Where transferred or to whom released.
Such data shall be recorded and retained by the facility for three years and shall be made available for inspection during normal business hours by any court exercising juvenile court jurisdiction, by the Department of Juvenile Justice, by the Department of Corrections, and by the Georgia Council of Juvenile Court Judges.
16 11 21 15-11-49
(a) If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that his the child's detention or shelter care is warranted or required under Code Section W-
15-11-46.
(b) If a child is so released and the case is to be prosecuted further other than by informal adjustment, a petition under Code Section 16 11 26 15-11-38.1 shall be made and presented to the court within 30 days.
(c)(l) If a child alleged to be delinquent is not so released, an informal detention hearing shall be held promptly and not later than 72 hours after fee the child is placed in detention or shelter care to determine whether his detention or shelter care of the child is required under Code Section 16 11 18 15-11-46, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.
(2) If a child alleged to be unruly is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after he the child is placed in detention or shelter care as provided in subsection (e) of Code Section 16 11-20 15-1148.
(3) If a child alleged to be deprived is not so released, the informal detention hearing shall be held promptly and not later than 72 hours after he the child is placed in shelter care as provided in subsection (f) of Code Section 16-11 20 15-11-48, pro-

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vided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.
(4) Reasonable notice of the hearing specified in this subsection, either oral or written, stating the time, place, and purpose of the detention hearing, shall be given to the child and, if they can be found, to his the child's parents, guardian, or other custodian. In the event the child's parents, guardian, or other custodian cannot be found, the court shall forthwith appoint a guardian ad litem. Prior to the commencement of the hearing, the court shall inform the parties of their right to counsel and to appointed counsel if they are indigent persons and of the child's right to remain silent with respect to any allegations of delinquency or unruly conduct.
(d) If the child is not so released and a parent, guardian, custodian, or guardian ad litem has not been notified of the hearing and did not appear or waive appearance at the hearing and files his the affidavit of such person showing these facts, the court shall rehear the matter without unnecessary delay and shall order the child's release unless it appears from the hearing that the child's detention or shelter care is required under Code Section 16-11 18 15-11-46.
(e) If the child is not so released, a petition under Code Section 15-11 26 15-11-38.1 shall be made and presented to the court within 72 hours of the detention hearing; provided, however, that, if the child not so released is alleged to be a deprived child, a petition under Code Section 16-11 26 15-11-38.1 shall be made and presented to the court within five days of the detention hearing.
16 11-26. 15-11-49 1.
(eD If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering bia the child's health or welfare or those of others or that he the child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take the child into immediate custody and bring te the child forthwith before the court.
15 11 3 15-11-50
(e) A child shall not be committed to a penal institution or other facility used primarily for the execution of sentences of persons convicted of a crime; provided, however, that this aubacetion Code section shall not be construed as prohibiting the direct commitment of a child to the custody of the Department of Corrections for detention in a designated youth confinement unit as provided in this article.
Part 6

J.0"J.J.~OT. -Lo~J.J.~Oo.
(a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child:
(1) Permit the child to remain with his or her parents, guardian, or other custodian, including a putative father, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child;

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(2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:

(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child;

(B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child;

(C) Any public agency authorized by law to receive and provide care for the child; or

(D) An individual in another state with or without supervision by an appropriate officer under Code Section 15 11 46 15-11-89; or

(3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising jurisdiction over juveniles children if authorized by and in accordance with Code Section 1611-44 15-11-87 if the child is or is about to become a resident of that state.

(b) Unless a child found to be deprived is found also to be delinquent, such child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children.

(c) Notwithstanding any other provision of law, the court after transferring temporary legal custody of a child to the Division of Family and Children Services within the Department of Human Resources may at any time conduct sua sponte a judicial review of the current placement plan being provided to said child. After its review the court may order the division to comply with the current placement plan, order the division to devise a new placement plan within available division resources, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child. Placement or a change of custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed.

(d) A juvenile court shall not be required to make an order of disposition pursuant to this Code section regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the child is to be discharged into the physical custody of any person who had such custody when the court made its most recent finding that such child was deprived.

(e) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse, as specified in subsection (g) (f) of Code Section 16-11'28 15-11-41, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the person having custody of the child when the deprivation occurred unless such

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person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months.
16 11 33 15-11-56
(a) Findings. After hearing the evidence on any petition alleging delinquency, unruliness, or deprivation, the court shall make and file its findings as to whether the child is a deprived child or, if the petition alleges that the child is delinquent or unruly, after hearing the evidence the court shall make and file its findings as to whether the acts ascribed to the child were committed by tea the child. If the court finds that the child is not a deprived child or that the allegations of delinquency or unruly conduct have not been established, it shall dismiss the petition and order the child discharged from any detention or other restriction theretofore ordered in the proceeding.
(b) Disposition. The court shall proceed immediately or at a postponed hearing to make a proper disposition of the case if the court finds from clear and convincing evidence that the child:
(1) Is deprived;
(2) Is in need of treatment or rehabilitation as a delinquent child; or
(3) Is in need of treatment or rehabilitation or supervision as an unruly child.
(dXc) Evidence. In dispositional hearings under subsections (b) and (c) subsection (b) of this Code section and in all proceedings involving custody of a child, all information helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity upon request to examine and controvert written reports so received and to cross-examine individuals making the reports, except that portions of such reports not relied on by the court in reaching its decision which, if revealed, would be prejudicial to the interests of the child or any party to the proceeding may be withheld in the court's discretion. Confidential sources of information need not be disclosed.
Continuances; scheduling. On its own motion or that of a party, the court may continue the hearings under this Code section for a reasonable period to receive reports and other evidence bearing on the disposition or the child's need for treatment or rehabilitation. In this event, the court shall make an appropriate order for detention of the child or for his the child's release from detention subject to supervision of the court during the period of the continuance. In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from his or her home before an order of disposition has been made.
16-11 36.1. 15-11-57.
When any child is before a juvenile court and such child is found by the court to have committed a delinquent act, to be a deprived child, to be an unruly child, or to have committed a juvenile traffic offcnac as defined in Code Section 16 11 40, the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appro-

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priate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly aete; conditions of deprivation, or other conduct or conditions which would he harmful to the child or society.
16 11 41 15-11-58
(bXa) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. The court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from that child's home, and to make it possible for the child to return safely to the child's home. Such findings shall also be made at every subsequent review of the court's order under this chapter.
(1) In determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern;
(2) Except as provided in paragraph (4) of this subsection, reasonable efforts shall be made to preserve and reunify families:
(A) Prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and
(B) To make it possible for a child to return safely to the child's home;
(3) If continuation of reasonable efforts of the type described in paragraph (2) of this subsection is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child;
(4) Reasonable efforts of the type described in paragraph (2) of this subsection shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that:
(A) The parent has subjected the child to aggravated circumstances which may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse;
(B) The parent has:
(i) Committed murder of another child of the parent;
(ii) Committed voluntary manslaughter of another child of the parent;
(iii) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent; or
(iv) Committed a felony assault that results in serious bodily injury to the child or another child of the parent; or
(C) The parental rights of the parent to a sibling have been terminated involuntarily;

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(5) If reasonable efforts of the type described in paragraph (2) of this subsection are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with paragraph (4) of this subsection:
(A) A permanency hearing shall be held for the child within 30 days after such determination; and
(B) Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of the child; and
(6) Reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in paragraph (2) of this subsection.
(eXb) Within 30 days of the date of removal of the child from the home and at each suEsequent review of the disposition order, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family or include a statement of the factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the judicial citizen review panel, if one is designated by the court for such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the report will be submitted to become an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parents, if such are available.
Xc) If the report contains a plan for reunification services, such plan if adopted by the court shall be in effect until modification by the court. The plan shall address each reason requiring removal and shall contain at least the following:
(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and shall also include a description of the services offered and the services provided to prevent removal of the child from the home;
(2) A discussion of how the plan is designed to achieve a placement in a safe setting that is the least restrictive, most family-like, and most appropriate setting available and in close proximity to the home of the parents, consistent with the best interests and special needs of the child;
(3) A clear description of the specific actions to be taken by the parents and the specific services to be provided by the Division of Family and Children Services of the Department of Human Resources or other appropriate agencies in order to bring about the identified changes that must be made in order for the child to be safely returned home; provided, however, that all services and actions required of the parents which are not directly related to the circumstances necessitating separation cannot be made conditions of the return of the child without further court review;

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(4) Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan;
(5) The person within the Division of Family and Children Services of the Department of Human Resources or other agency which who is directly responsible for ensuring that the plan is implemented; and
(6) Consideration of the advisability of a reasonable visitation schedule which allows the parents to maintain meaningful contact with their children through personal visits, telephone calls, and letters.
(eXd) If the submitted report contains a proposed plan for reunification services, and no hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan for reunification services which the court finds essential to reunification of the child with his or her family, specifying what must be accomplished by all parties before reunification of the family can be achieved. If the report contains a plan for reunification services, a copy of the report must be transmitted to the parents at the same time the report is transmitted to the court, along with written notice that the report will be made the order of the court unless, within five days from the date the copy of the report was received, the parents request a hearing before the court to review the report.
(e) If the report submitted to the court does not contain a plan for reunification services, upon proper notice being provided to the parents, the court shall, no later than 30 days following the filing of the report, hold a permanency hearing to review the report and the determination that a plan for reunification services is not appropriate.
(gXf) When a recommendation is made that reunification services are not appropriate and should not be allowed, the report shall address each reason requiring removal and shall contain at least the following:
(1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately and safely protected at home and the harm which may occur if the child remains in the home and a description of the services offered and the services provided to prevent removal of the child from the home; and
(2) A clear statement describing all of the reasons supporting a finding that reasonable efforts to reunify a child with the child's family will be detrimental to the child, and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 16 11-81 15-11-94 or paragraph (4) of subsection (b) (a) of this Code section.
At the permanency hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether and when it intends to proceed with termination of parental rights at that time. If the Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced.
(*Xh) When reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the court shall determine by clear and convincing evidence whether reasonable ef-

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forts to reunify a child with his or her family will be detrimental to the child and that reunification services, therefore, should not be provided or should be terminated. There shall be a presumption that reunification services should not be provided if the court finds by clear and convincing evidence that:
(1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family;
(2) A child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions;
(3) Any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 16-11 81 15-11-94; or
(4) Any of the circumstances set out in paragraph (4) of subsection (b) (a) of this Code section exist, making it unnecessary to provide reasonable efforts to reunify.
^j)(i) If, after a judicial hearing in which the court finds that reunification is not in the best interests of the child and custody is granted to a relative, the custody order shall remain in effect until the child's eighteenth birthday unless modified following a petition for modification by a party pursuant to Code Section 16 1142 15-11-40. Within 36 months of the custody order and every 36 months thereafter, a probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the relative with custody continues to be qualified to receive and care for the child. A copy of the report shall be mailed to the parents at their last known address.
(k-Xj) Whenever the permanency plan is adoption or placement in another permanent home, the report submitted to the court shall document the steps to be taken by the Division of Family and Children Services of the Department of Human Resources to find an adoptive family or other permanent living arrangement for the child; to place the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned permanent living arrangement; and to finalize the adoption or legal guardianship. At a minimum, such documentation shall include child specific recruitment efforts such as the use of state, regional, and national adoption exchanges including electronic exchange systems.
ffi(k) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date the child is considered to have entered foster care or until sooner terminated by the court. For the purposes of this subsection, the date the child is considered to have entered foster care shall be the date of the first judicial finding that the child has been subjected to child abuse or neglect, or the date that is 60 days after the date on which the child is removed from the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether such division intends to proceed with the termination of parental rights at that time.

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If such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by judicial citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of such division, along with such division's proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. Following such initial review, additional periodic reviews shall be held at six-month intervals. The foster parents, if any, of a child and any preadoptive parent or relative providing care for the child shall be provided with notice of and an opportunity to be heard in any review or hearing to be held with respect to the child, except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard.
If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. The judge's supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:
(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions;
(2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or
(3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties.
In the event that the judicial citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the Division of Family and Children Services of the Department of Human Resources, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the judicial citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced.
In the event that a child has been in foster care under the responsibility of the Division of Family and Children Services of the Department of Human Resources for 15 of the most recent 22 months, or, if the court has determined a child to be an abandoned infant, as set forth in subsection (b) of Code Section 16 11-81 15-11-94, or has made a determination that the parent has committed murder of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or

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abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent, or committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the child's parents or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless, at the option of the Division of Family and Children Services of the Department of Human Resources, the child is being cared for by a relative; the case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of the child; or the Division of Family and Children Services of the Department of Human Resources has not provided to the family of the child, consistent with the specific time frames for the accomplishment of the case plan goals, such services deemed necessary for the safe return of the child to the child's home.
(eXn) The court which made the order may extend its duration for not more than 12 months if:
(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hearing shall, after the making of appropriate findings of fact, determine the permanency plan for the child. Such a permanency plan shall state whether and, if applicable, when the child shall be returned to the parent or referred for termination of parental rights and placed for adoption or referred for legal guardianship. In cases where the Division of Family and Children Services of the Department of Human Resources has documented to the court a compelling reason for determining that it would not be in the best interest of the child to return home, be referred for termination of parental rights, be placed for adoption, or be placed with a fit and willing relative or with a legal guardian, the permanency plan shall state that the child shall be placed in another planned permanent living arrangement. The permanency plan shall also state whether reunification services, if in effect, should be continued. With respect to a child placed out of state, procedural safeguards shall be applied as to whether the out-of-state placement continues to be appropriate and in the best interest of the child, and, in the case of a child who has attained age 16, the services needed to assist the child to make a transition from foster care to independent living. Procedural safeguards shall also be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected, including foster parents, if any, of a child and any preadoptive parent or relative providing care for the child except that this provision shall not be construed to require that any foster parent, preadoptive parent, or relative providing care for the child be made a party to such a review or hearing solely on the basis of such notice and opportunity to be heard; and
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended.
(pKo) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if:

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(1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion;
(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;
(3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and
(4) The extension does not exceed two years from the expiration of the prior order.
(qXp) Except as provided in subsection (a) of this Code section Code Section 15-11-70, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished.
(f)(q) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.
Part 7
16 11 6.1. 15-11-62.
(a) A child 13 to 17 years of age convicted of any offense enumerated in subparagraph (b)(2)(A) of Code Section 16-11 6 15-11-28 shall be committed to the custody of the Department of Corrections; provided, however, that any juvenile child in the custody of the Department of Corrections shall be housed in a designated youth confinement unit until reaching the age of 17 notwithstanding that such juvenile child was tried and convicted as an adult in superior court. Any designated youth confinement unit in which a juvenile child is housed shall be designed to ensure that juveniles children are at all times housed separately from any adult offender incarcerated in the facility in which such youth confinement unit is located and shall be designed to facilitate rehabilitation of such juveniles children, which shall mean that a youth confinement unit shall be of a nondormitory design whenever possible and whenever such facilities become available and staffed by personnel who have received specialized training in the field of juvenile justice. All designated youth confinement units shall provide to youths children 13 to 17 years of age who have been sentenced to such units as a result of a conviction in superior court as an adult of an offense enumerated in subparagraph (b)(2)(A) of Code Section 16 11 6 15-11-28 life skills training, academic or vocational training, and substance abuse and violence prevention counseling to the extent that appropriations are available for such activities.
(b) When given legal custody over a juvenile child for confinement in a youth confinement unit as provided under this Code section, the Department of Corrections shall have:
(1) The right of physical possession of the juvenile child;
(2) The right and duty to protect, train, and discipline the juvenile child;
(3) The responsibility to provide the juvenile child with food, clothing, shelter, and education;
(4) The right to determine the facility in which the juvenile child shall be confined; and

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(5) The right and duty to provide or obtain for a juvenile child medical, hospital, psychiatric, surgical, or dental care or services as may be considered appropriate and necessary by competent medical authority without securing prior consent of parents or legal guardians.

(a) As used in this Code section, the term:
(1) 'A carefully arranged and monitored home visit' means a home visit during which a youth child is monitored by appropriate personnel of the Department of Juvenile Justice designated pursuant to regulations of the commissioner of juvenile justice.
(2) 'Designated felony act' means an act which:
(A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a person child 13 to 17 years of age;
(B) If done by an adult, would be one or more of the following crimes:
(i) Kidnapping or arson in the first degree, if done by a juvenile child 13 or more years of age;
(ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, armed robbery not involving a firearm, or battery in violation of Code Section 16-5-23.1 if the victim is a teacher or other school personnel, if done by a juvcfrile child 13 or more years of age;
(iii) Attempted murder or attempted kidnapping, if done by a juvenile child 13 or more years of age;
(iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1;
(v) Hijacking a motor vehicle, if done by a juvenile child 13 or more years of age;
(vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a jtwejale child 13 or more years of age;
(vii) Any other act which, if done by an adult, would be a felony, if the juvenile child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies;
(viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;
(ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or
(x) Any violation of Code Section 16-10-52, relating to escape, if the juvenile child involved in the commission of such act has been previously adjudicated to have committed a designated felony;
(C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 16-7-85 or 16-7-87;

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(C.I) Constitutes any violation of Code Section 16-15-4, relating to criminal street gangs;
(D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 16 11 6 15-11-28 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 16-11-6 15-11-28 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 16-116 15-11-28; or
(E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9 , relating to theft, if the property which was the subject of the theft was a motor vehicle.
(3) 'Intensive supervision' means the monitoring of a youth's child's activities on a more frequent basis than regular aftercare supervision, pursuant to regulations of the commissioner of juvenile justice.
(b) Where a juvenile child is found to have committed a designated felony act, the order of disposition shall be made within 20 days of the conclusion of the dispositional hearing and shall include a finding based on a preponderance of the evidence as to whether, for the purposes of this Code section, the juvenile child does or does not require restrictive custody under this Code section, in connection with which the court shall make specific written findings of fact as to each of the elements set forth in paragraphs (1) through (5) of subsection (c) of this Code section as related to the particular juvenile child. If the court finds that restrictive custody under this Code section is not required, the order of disposition shall be as otherwise provided in this article. If the court finds that restrictive custody is required, it shall continue the proceeding and enter an order of disposition for restrictive custody. Every order under this Code section shall be a dispositional order, shall be made after a dispositional hearing, and shall state the grounds for the order.
(c) In determining whether restrictive custody is required, the court shall consider:
(1) The needs and best interests of the juvenile child;
(2) The record and background of the juvenile child;
(3) The nature and circumstances of the offense, including whether any injury involved was inflicted by the juvenile child or another participant;
(4) The need for protection of the community; and
(5) The age and physical condition of the victim.
(d) Notwithstanding subsection (c) of this Code section, the court shall order restrictive custody in any case where the juvenile child is found to have committed a designated felony act in which the juvenile child inflicted serious physical injury upon another person who is 62 years of age or more.
(e) When the order is for restrictive custody in the case of a youth child found to have committed a designated felony act:
(1) The order shall provide that:
(A) The juvenile child shall be placed in the custody of the Department of Juvenile Justice for an initial period of five years;

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(B) The juvenile child shall initially be confined in a youth development center for a period set by the order, to be not less than 12 nor more than 60 months; provided, however, that time spent in secure detention subsequent to the date of the order and prior to placement in a youth development center shall be counted toward the period set by the order; and, provided, further, that, where the order of the court is made in compliance with subsection (f) of this Code section, the juvcaite child shall initially be confined in a youth development center for 18 months;
(C) After the period set under subparagraph (B) of this paragraph, the juvenile child shall be placed under intensive supervision for a period of 12 months; and
(D) The juvenile child may not be released from a youth development center or transferred to a nonsecure facility during the period provided in subparagraph (B) of this paragraph nor may the juvenile child be released from intensive supervision during the period provided in subparagraph (C) of this paragraph, unless by court order. No home visits shall be permitted during the first six-month period of confinement in a youth development center unless authorized by the court except for emergency visits for medical treatment or severe illness or death in the family. All home visits must be carefully arranged and monitored while a youth child is confined in a youth development center, whether such confinement is pursuant to a court order or otherwise;
(2) During the placement or any extension thereof:
(A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the juvenile child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or tas such commissioner's designated deputy;
(B) While in a youth development center, the juvenile child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a juvenile child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources, the juvenile child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services and Division of Mental Health, Mental Retardation, and Substance Abuse;
(C) The juvenile child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and
(D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the juvenile child; and
(3) Upon the expiration of the initial period of placement in a youth development center, or any extension thereof, the placement may be extended on motion by the Department of Juvenile Justice, after a dispositional hearing, for an additional period of 12 months, provided that no initial placement or extension of custody under this Code section may continue beyond the juvenile's individual's twenty-first birthday.

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(f) When the order is for restrictive custody in the case of a youth child found to have committed any designated felony act and such youth child has been found by a court to have committed a designated felony act on a prior occasion, regardless of the age of the youth child at the time of commission of such prior act, the order of the court shall be made pursuant to subparagraph (e)(l)(B) of this Code section.
(g) The Department of Juvenile Justice shall retain the power to continue the confinement of the youth child in a youth development center or other program beyond the periods specified by the court within the term of the order.
(h) Any court making a finding or adjudication that a juvenile child has committed a designated felony act shall identify the school last attended by such juvenile child and the school which such juvenile child intends to attend and shall transmit a copy of such adjudication or finding to the principals of the school which the juvenile child last attended and the school which the juvenile child intends to attend within 15 days of the adjudication or finding. Such information shall be subject to notification, distribution, and requirements as provided in Code Section 20-2-671.
j^ -^ ^o 15-H-64
Any proceeding or other processes or actions relating to a child in which the sole allegation is that the child deserted without cause his the child's home or place of abode for the first time shall be terminated or dismissed upon the request of the parent or legal custodian of the child.
lg-11-33 15-11-65
(eXa) Dispositional hearing for delinquent or unruly child. If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he or she is alleged to be delinquent or unruly, it shall proceed immediately or at a later time to conduct a dispositional hearing for the purpose of hearing evidence as to whether the child is in need of treatment, rehabilitation, or supervision and shall make and file its findings thereon. If the child is to be held in custody at a detention facility between the adjudicatory hearing and the dispositional hearing, the court shall conduct the dispositional hearing within 30 days of the adjudicatory hearing. If the dispositional hearing is conducted more than 30 days after the adjudicatory hearing, the court shall make and file written findings of fact explaining the need for the delay. In the absence of evidence to the contrary, evidence sufficient to warrant a finding that acts have been committed which constitute a felony is also sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If the court finds that the child is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered.
(d)(b) Evidence. In dispositional hearings under subsections (b) and (c) subsection (a) of this Code section and in all proceedings involving custody of a child, all information helpful in determining the questions presented, including oral and written reports, may be received by the court and relied upon to the extent of its probative value even though not otherwise competent in the hearing on the petition. The parties or their counsel shall be afforded an opportunity upon request to examine and controvert written reports so received and to cross-examine individuals making the reports, except that portions of such reports not relied on by the court in reaching its decision which, if revealed, would be prejudicial to the interests of the child or any party to the proceeding may be withheld in the court's discretion. Confidential sources of information need not be disclosed.

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& 15-11-66.

(a) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act and is subsequently determined to be in need of treatment or rehabilitation, the court may make any of the following orders of disposition best suited to feis the child's treatment, rehabilitation, and welfare:

(1) Any order authorized by Code Section 16-11 34 15-11-55 for the disposition of a deprived child;

(2) An order placing the child on probation under conditions and limitations the court prescribes, under the supervision of:

(A) The probation officer of the court or the court of another state as provided in Code Section 16-11-46 15-11-89;

(B) Any public agency authorized by law to receive and provide care for the child; or

(C) The chief executive officer of any community rehabilitation center acknowledging in writing his such officer's willingness to accept the responsibility for the supervision of the child;

(3) An order placing the child in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority;

(4) An order committing the child to the Department of Juvenile Justice;

(5) An order requiring that the child make such restitution as defined in paragraph (7) of Code Section 17-14-2. Such order may remain in force and effect simultaneously with any other order of the court, including, but not limited to, an order of commitment to the Department of Juvenile Justice. While an order requiring restitution is in effect, the enforcement thereof may be transferred to the Department of Juvenile Justice. In the event that the child changes his or her place of residence while the order is still in effect, the court may transfer enforcement of its order to the juvenile court of the county of the child's residence and its probation staff; however, no order of restitution shall be enforced while such child is in placement at a youth development center unless the commissioner of juvenile justice certifies that a restitution program is available at such facility. Payment of funds under this paragraph shall be made by the child or hia or her the child's family or employer directly to the clerk of the juvenile court entering the order or another employee of that court designated by the judge, and that court shall disburse such funds in the manner authorized in the order;

(6) An order requiring that the child perform community service in a manner pre-

scribed by the court and under the supervision of an individual designated by the

court; or

l

(7) An order requiring the child to remit to the general fund of the county a sum not to exceed the maximum applicable to an adult for commission of any of the following offenses: homicide by vehicle, manslaughter resulting from the operation of a motor vehicle, any felony in the commission of which a motor vehicle is used, hit and run or leaving the scene of an accident, racing on highways or streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, driving under the influence of alcohol or drugs, possession of controlled

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substances or marijuana, driving without proof of minimum required motor vehicle insurance, or any violation of the Code sections contained in Title 40 which is properly adjudicated as a delinquent act.
(b) At the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Public Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center.
(b.l) Notwithstanding the provisions of subsections (a) and (b) of this Code section, at the conclusion of the adjudicatory hearing, if the child is found to have committed a delinquent offense which would be a violation of subsection (k) of Code Section 40-6391 if committed by an adult, the court shall make an order of disposition which, for purposes of the child's rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40-6-391 which are applicable to an adult convicted of violating subsection (k) of Code Section 40-6-391, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391. A previous finding that the child committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1.
(c) In any case in which a child who has not achieved a high school diploma or the equivalent is placed on probation, the court may require as a condition of probation that the child pursue a course of study designed to lead to achieving a high school diploma or the equivalent; and, in any case in which such a condition of probation may be imposed, the court shall give express consideration to whether such a condition should be imposed.
16 11 36.1. 15-11-66.1.
(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Juvenile Justice a copy of such order within three days following the issuance thereof.
(c) The Department of Juvenile Justice, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto.

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(d) Any juvenile child sentenced to the custody and control of the Department of Corrections or the Department of Juvenile Justice shall be HIV tested in accordance with the policies and procedures of the respective department.
(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Juvenile Justice or the Department of Corrections, as the case may be, and the Department of Human Resources, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Juvenile Justice or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim;
(2) The court which ordered the HIV test; and
(3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined;
(B) That child is reasonably believed to be sexually predatory either during or prior to detention; or
(C) The commissioner of juvenile justice or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted.
16-11 36 15-11-67
If the child is found to be unruly, the court may make any disposition authorized for a delinquent child except that, if commitment to the Department of Juvenile Justice is ordered, the court shall first find that the child is not amenable to treatment or rehabilitation pursuant to paragraph (1), (2), or (3) of subsection (a) of Code Section 16 11 36 15-11-66.
16-11 36.1. 15-11-68.
When any child is before a juvenile court and such child is found by the court to have committed a delinquent act, to be a deprived child, to be an unruly child, or to have committed a juvenile traffic offense as defined in Code Section 16 11 40 15-11-73, the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly acts, conditions of dcpriva tion, or other conduct or conditions which would be harmful to the child or society.

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(a) Before a petition is filed, the probation officer or other officer of the court designated by the court, subject to the court's direction, may give counsel and advice to the parties with a view to an informal adjustment if it appears that:
(1) The admitted facts bring the case within the jurisdiction of the court;
(2) Counsel and advice without an adjudication would be in the best interest of the public and the child; and
(3) The child and his the child's parents, guardian, or other custodian consent thereto with knowledge that consent is not obligatory.
(b) The giving of counsel and advice cannot extend beyond three months from the day commenced unless extended by the court for an additional period not to exceed three months and does not authorize the detention of the child if not otherwise permitted by this article.
(c) An incriminating statement made by a participant to the person giving counsel or advice and in the discussion or conferences incident thereto shall not be used against the declarant over objection in any hearing except in a hearing on disposition in a juvenile court proceeding or in a criminal proceeding against him such declarant after conviction for the purpose of a presentence investigation.
(d) If a child is alleged to have committed a designated felony act as defined in Code Section 16 11 37 15-11-63, the case shall not be subject to informal adjustment, counsel, or advice without the prior written notification of the district attorney or his or her authorized representative.
1J.UK-J1LJ1. *At Jt.. -Xt trj- -xi -JI .- 7/ fv\j.
(a) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Department of Juvenile Justice continues in force for two years or until the child is sooner discharged by the Department of Juvenile Justice. The court which made the order may extend its duration for an additional two years subject to like discharge, if:
(1) A hearing is held upon motion of the Department of Juvenile Justice prior to the expiration of the order;
(2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and
(3) The court finds that the extension is necessary for the treatment or rehabilitation of the child.
66 11 66.1. 15-11-71.
(a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:

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(1) Housing in nonsecure facilities that meet the requirements of Code Section 4644-3Q 15-11-48;

(2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing;

(4) Mediation; (5) Transportation to and from court ordered services; (6) Restitution programs; and (7) Job development or work experience programs.

(b) The juvenile court may order each delinquent or unruly child who receives supervision under paragraph (5) of subsection (a) of Code Section 16 11 36 15-11-66, t Code Section 16-11 36 15-11-67, or paragraph (2) of subsection (a) of Code Section 16-11-14 15-11-69; to pay:
(1) An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and
(2) A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that the child receives supervision

to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 16-11-66 15-11-8. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the juvenile child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in this subsection (a) of this Code section to juvenile offenders who are children. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services.

(c) For the purpose of this Code section, the term 'guardian' or 'legal custodian' shall not be interpreted or construed to include the Department of Human Resources.

(a) An order of disposition or other adjudication in a proceeding under this article is not a conviction of a crime and does not impose any civil disability ordinarily resulting from a conviction nor operate to disqualify the child in any civil service application or appointment.

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1-6 11 40. 15-11-73.
(a) Definition. Except as provided in subsection (c) of this Code section, a juvenile traffic offense consists of a violation by a person child under the age of 17 of:
(1) A law or local ordinance governing the operation of a moving motor vehicle upon the streets or highways of this state or upon the waterways within or adjoining this state; or
(2) Any other motor vehicle traffic law or local ordinance if the child is taken into custody and detained for its violation or is transferred to the juvenile court by the court hearing the charge.
(b) Jurisdiction. Notwithstanding the provisions of Title 40 which grant jurisdiction over traffic court offenses to certain courts, the juvenile court shall have exclusive original jurisdiction over juvenile traffic offenses.
(c) Exceptions. The following offenses shall be delinquent offenses and shall not be handled as juvenile traffic offenses: homicide by vehicle, manslaughter resulting from the operation of a vehicle, any felony in the commission of which a motor vehicle is used, racing on highways and streets, using a motor vehicle in fleeing or attempting to elude an officer, fraudulent or fictitious use of a license, hit and run or leaving the scene of an accident, driving under the influence of alcohol or drugs, possession of a controlled substance or marijuana, and any other offense for which driving privileges may be suspended or revoked for an adult.
(d) Nature of offense. A juvenile traffic offense is not an act of delinquency unless the case is transferred to the delinquency calendar as provided in subsection (i) of this Code section.
(e) Procedure. The summons, notice to appear, or other designation of a citation accusing a child of committing a juvenile traffic offense constitutes the commencement of the proceedings in the court of the county in which the alleged violation occurred and serves in place of a summons and petition under this article. These cases shall be filed and heard separately from other proceedings of the court. If the child is taken into custody on the charge, Code Sections 16-11 18 and 16-11-31 15-11-46 and 15-1149 shall apply. If the child is, or after commencement of the proceedings becomes, a resident of another county of this state, the court in the county where the alleged traffic offense occurred may retain jurisdiction over the entire case.
(f) Hearing. The court shall fix a time for a hearing and shall give reasonable notice thereof to the child and, if their address is known, to the parents, guardian, or custodian. If the accusation made in the summons, notice to appear, or other designation of a citation is denied, an informal hearing shall be held at which the parties shall have the right to subpoena witnesses, present evidence, cross-examine witnesses, and appear by counsel. The hearing shall be open to the public.
(g) Disposition. If the court finds on the admission of the child or upon the evidence that he the child committed the offense charged, it may make one or more of the following orders:
(1) Reprimand, counsel, or warn the child and Ms the child's parents; provided, however, that this dispositional order is not available for any offense listed in subsection (c) of this Code section;

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(2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Public Safety to suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months;
(3) Require the child to attend a traffic school conducted by the Department of Public Safety or a substance abuse clinic or program approved by either the Department of Human Resources or the Council of Juvenile Court Judges for a reasonable period of time;
(4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense;
(5) Require the child to participate in a program of community service as specified by the court;
(6) Impose any sanction authorized by Code Section 16 11-36 or 16 11 36 15-11-66, 15-11-67, or 15-11-68; or
(7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 16 11 36 15-11-66.
(h) Fines. If a fine is assessed under paragraph (4) of subsection (g) of this Code section, such fine shall be subject to all additions and penalties as specified under this title and Title 47.
(i) Transfer to delinquency calendar. In lieu of the preceding orders, if the evidence indicates the advisability thereof, the court may transfer the case to the delinquency calendar of the court and direct the filing and service of a summons and petition in accordance with this article. The judge so ordering is disqualified, upon objection, from acting further in the case prior to an adjudication that the child committed a delinquent act.
(j) Reporting procedure. Upon finding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Public Safety; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and his the child's parents have been reprimanded, counseled, or warned by the court pursuant to paragraph (1) of subsection (g) of this Code section. The Department of Public Safety shall record the adjudication and disposition of the offense on the child's permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.
Part 8
Ifi 11 ~S 15-11-78
(eXa) Except as otherwise provided by subsection (c.l)(b) of this Code section, the general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard.

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(c.l)(b) The general public shall be admitted to:
(1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 16-11-37 15-11-63;
(2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of deprivation;
(3) Any child support hearing;
(4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; or
(5) At the court's discretion, any dispositional hearing involving any proceeding under this article.
ig 11 KQ l*S-ll-79
(a) Except as provided in subsection (b) of this Code section, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court.
(b) Subject to the requirements of subsection (4) (c_) of Code Section 16 11 83 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section 16-11 61 15-11-79.2, the general public shall be allowed to inspect court files and records for cases arising under Code Section 16-11 40 15-11-73 or any complaint, petition, or order from any case that was open to the public pursuant to subsection (erl) (b) of Code Section 16-1138 15-11-78. The general public shall be allowed to inspect court files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 16 11-6 15-1128.
(c)(l) The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions.
(2) The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student child as a part of such counseling person's school employment duties to review official records of the court in any proceeding under this chapter concerning that student child, including but not limited to records of that child's controlled substance or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions.
(d) The judge shall permit authorized representatives of the Department of Juvenile Justice, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles children and to make copies pursuant to the order of the court.

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(e) Notwithstanding any other provision of law, the complaint, petition, order of adjudication, and order of disposition in any delinquency case in which the child has been adjudicated to be delinquent for a violation of the criminal laws of this state shall be disclosed upon request of counsel for the state or the accused for use preliminarily to or in conjunction with a subsequent juvenile or criminal proceeding in a court of record.

(b) The disposition of a child and evidence adduced in a hearing in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or unruliness, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to district attorneys and superior court judges and the accused and may be used in the same manner as adult records.
15 11 fil 15-11-79 2
(a) On application of a person who has been adjudicated delinquent or unruly or on the court's own motion, and after a hearing, the court shall order the sealing of the files and records in the proceeding, including those specified in Code Sections 16 11 50 and 16 11 60 15-11-82 and 15-11-83, if the court finds that:
(1) Two years have elapsed since the final discharge of the person;
(2) Since the final discharge of the person he or she has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly child and no proceeding is pending against ten the person seeking conviction or adjudication; and
(3) He The person has been rehabilitated.
(b) Reasonable notice of the hearing shall be given to:
(1) The district attorney;
(2) The authority granting the discharge if the final discharge was from an institution or from parole; and
(3) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 16 11 60 and 16 11 60 1511-82 and 15-11-83 are included in the application or motion.
(c) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or official therein named and shall also be sent to the deputy director of the Georgia Crime Information Center. Inspection of the sealed files and records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order or to criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes.

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(d) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (c) or (c.l) (a) or (b) of Code Section 16-11-28 15-11-78.
16 11 68.1. 15-11-80.
Within 30 days of any proceeding in which a child is adjudicated delinquent for a second or subsequent time or any adjudicatory proceeding involving a designated felony, the court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or designated felony act that such child committed.

(eXa) Records. Subject to the earlier sealing of certain records pursuant to Code Section 16-11-61 15-11-79.2, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section 50-18-92. Thereafter, the court may destroy such records, except that records of cases where orders were entered permanently depriving a parent of the custody of a child and records of cases involving a petition for legitimation of a child filed pursuant to Code Section 19-7-22 shall be preserved permanently. The court shall notify the deputy director of the Georgia Crime Information Center upon the destruction of any such felony records. The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which. may be filed therein and shall make social records consisting of records of investigation and treatment and other confidential information. The provisions of this subsection notwithstanding, identification data shall be maintained and shall be disseminated to criminal justice officials for official judicial enforcement or criminal justice purposes as provided in Code Section 35-3-33.
(c.D(b) Records, dockets, indexes, /i/es.Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indexes, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indexes in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indexes. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained.

(a) Except as provided in Code Sections 16 11 68 and 16 11 60 15-11-79 and 15-11-83, law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults.
(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 16 11 30 15-11-30.2, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (e) or (e.l) (a) or (b) of Code Section 16 11 28 15-11-78, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public.

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(c) Inspection of the records and files is permitted by:
(1) A juvenile court having the child before it in any proceeding;
(2) Counsel for a party to the proceedings, with the consent of the court;
(3) The officers of public institutions or agencies to whom the child is committed;
(4) Law enforcement officers of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties;
(5) A court in which the child is convicted of a criminal offense, for the purpose of a presentence report or other dispositional proceeding;
(6) Officials of penal institutions and other penal facilities to which the child is committed;
(7) A parole board in considering the child's parole or discharge or in exercising supervision over the child; or
(8) Any school superintendent, principal, assistant principal, school guidance counselor, school social worker, school psychologist certified under Chapter 2 of Title 20, or school law enforcement officer appointed pursuant to Chapter 2, 3, or 8 of Title 20 when necessary for the discharge of his or her official duties.
(d) The court shall allow authorized representatives of the Department of Juvenile Justice, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on juveniles children.
(e) Any law enforcement records and files involving an offense over which the superior court shall have exclusive jurisdiction as provided in paragraph (2) of subsection (b) of Code Section 16 11-6 15-11-28 shall be kept and reported in the same manner as the records and files of adults.
(f) Access to fingerprint records submitted to the Georgia Bureau of Investigation pursuant to Code Section 16 11 60 15-11-83 shall be limited to the administration of criminal justice purposes as defined in Code Section 15-11-2.

(a) Every child charged with an act which would be a felony if committed by an adult, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court.
(b) All juvcnilca children sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of juvenile child inmates will be processed in accordance with the Department of Corrections' policies for adult inmates.
(c) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. The names and addresses of children who have been fingerprinted or photographed and the offense or offenses charged shall be made available in the dis-

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cretion of the court to the appropriate department of family and children services and school superintendent. This information may be disseminated by the appropriate school superintendent to the child's teachers and counselors in the superintendent's discretion. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.

(d) If a child has been charged with an offense that if committed by an adult would be a felony, or if the case is transferred to another court for prosecution, the child's fingerprints, personal identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The Georgia Crime Information Center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and is authorized to disseminate such data for the purposes specified in Code Section 16-1169 15-11-82.

(e) Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-18 15-11-30.4 or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when fingerprints and photographs are destroyed pursuant to this subsection, and the Georgia Bureau of Investigation shall treat such records in the same manner as expunged records pursuant to subsection (c) of Code Section 35-3-37.

(f) Except as provided in this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution.

(g)(l) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 16 11 62 15-11-5, except as otherwise provided in paragraph (2) of this subsection or as authorized by an order of the court.

(2) It shall be mandatory upon the judge of the juvenile court or his or her designee to release the name of any child with regard to whom a petition has been filed alleging the child committed a designated felony act or alleging the child committed a delinquent act if the child has previously been adjudicated delinquent or if the child has previously been before the court on a delinquency charge and adjudication was withheld. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child.

Part 9

Ifi 11 44 15-11-87

(a) If the court finds that a child who has been adjudged to have committed a delinquent act or to be unruly or deprived is or is about to become a resident of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 16 1146 15-11-88, the court may defer the hearing on the need for treatment or rehabilitation and disposition and may request by any appropriate means the juvenile court of the child's residence or prospective residence to accept jurisdiction of the child.

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(b) If the child becomes a resident of another state while on probation or under protective supervision under order of a court of this state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the child and to continue his or her probation or protective supervision.
(c) Upon receipt and filing of an acceptance, the court of this state shall transfer custody of the child to the accepting court and cause him the child to be delivered to the person designated by that court to receive his custody of the child. It also shall provide that court with certified copies of the order adjudging the child to be a delinquent, unruly, or deprived child, of the order of transfer, and, if the child is on probation or under protective supervision under order of the court, of the order of disposition. It also shall provide that court with a statement of the facts found by the court of this state and any recommendations and other information it considers of assistance to the accepting court in making a disposition of the case or in supervising the child on probation or otherwise.
(d) Upon compliance with subsection (c) of this Code section the jurisdiction of the court of this state over the child is terminated.

(a) If a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 16 11 44 15-11-87 requests a court of this state to accept jurisdiction of a child found by the requesting court to have committed a delinquent act or to be an unruly or deprived child and the court of this state finds, after investigation, that the child is or is about to become a resident of the county in which the court presides, it shall promptly and not later than 14 days after receiving the request issue its acceptance in writing to the requesting court and shall direct its probation officer or other person designated by it to take physical custody of the child from the requesting court and bring h the child before the court of this state or make other appropriate provisions for his the child's appearance before the court.
(b) Upon the filing of certified copies of the orders of the requesting court determining that the child committed a delinquent act or is an unruly or deprived child and committing the child to the jurisdiction of a court of this state, the court of this state shall immediately fix a time for a hearing on the need for treatment or rehabilitation and disposition of the child or on the continuance of any probation or protective supervision.
(c) The hearing and notice thereof and all subsequent proceedings shall be governed by this article. The court may make any order of disposition permitted by the facts and this article. The orders of the requesting court are conclusive that the child committed the delinquent act or is an unruly or deprived child and of the facts found by the court in making the orders, subject only to Code Section 16-11-42 15-11-40. If the requesting court has made an order placing the child on probation or under protective supervision, a like order shall be entered by the court of this state. The court may modify or vacate the order in accordance with Code Section 16 11-42 15-11-40.

(a) Subject to the provisions of this article governing dispositions and to the extent that funds of the county are available, the court may place a child in the custody of a suitable person in another state. On obtaining the written consent of a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 16 11 47 15-11-90, the court of this state may order that the child be placed

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under the supervision of a probation officer or other appropriate official designated by the accepting court. One certified copy of the order shall be sent to the accepting court and another shall be filed with the clerk of the governing authority of the county of the requesting court of this state.
(b) The reasonable cost of the supervision, including the expenses of necessary travel, shall be borne by the county of the requesting court of this state. Upon receiving a certified statement signed by the judge of the accepting court of the cost incurred by the supervision, the court of this state shall certify if it appears that the sum so stated was reasonably incurred and shall file it with the appropriate officials of the county for payment. The appropriate officials shall thereupon issue a warrant for the sum stated payable to the appropriate officials of the county of the accepting court.
1J.Oe t-L-tL TATOO. -1LKQ-1J.1-l-OQQi/.J1l.
If a child has been placed on probation or protective supervision by a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and the child is in this state with or without the permission of that court, the probation officer of that court or other person designated by that court to supervise or take custody of the child has all the powers and privileges in this state with respect to the child as are given by this article to like officers or persons of this state, including the rights of visitation, counseling, control, direction, taking into custody, and returning to that state.
1 g 1 t AH 1 C I 1 QA J.U" i i**t I . -LQ--L J-~j7w.
(a) Upon receiving a request from a court exercising jurisdiction over juveniles children of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 16-11-46 15-11-89 to provide supervision of a child under the jurisdiction of that court, a court of this state may issue its written acceptance to the requesting court and may designate its probation or other appropriate officer who is to provide supervision, stating the probable cost per day therefor.
(b) Upon the receipt and filing of a certified copy of the order of the requesting court placing the child under the supervision of the officer so designated, the officer shall arrange for the reception of the child from the requesting court, shall provide supervision pursuant to the order and this article, and shall report thereon from time to time to the requesting court, including in his the report any recommendations which he or she may have.
(c) The court in this state from time to time shall certify to the requesting court the cost of supervision that has been incurred and shall request payment therefor from the appropriate officials of the county of the requesting court to the appropriate officials of the county of the accepting court.
(d) The court of this state at any time may terminate supervision by notifying the requesting court. In that case, or if the supervision is terminated by the requesting court, the probation officer supervising the child shall return the child to a representative of the requesting court authorized to receive tost the child.

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ARTICLE 2

An order terminating the parental rights of a parent under this article is without limit as to duration and terminates all the parent's rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings.
16 11 31 15-11-94
(a) In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability as provided in subsection (b) of this Code section. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest 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.
(b) Except as provided in subsections (e) through (h) of Code Section 16 11 83 15-1196, the court by order may terminate the parental rights of a parent with respect to the parent's child if:
(1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7;
(2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer;
(3) The parent has abandoned the child or the child was left under circumstances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child; or
(4)(A) The court determines parental misconduct or inability by finding that:
(i) The child is a deprived child, as such term is defined in Code Section 15-112;
(ii) The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived;
(iii) Such cause of deprivation is likely to continue or will not likely be remedied; and
(iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.
(B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following:

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(i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child;
(ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child;
(iii) Conviction of the parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relationship;
(iv) Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature;
(v) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; and
(vi) Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse.
(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 develop and maintain a parental bond with the child in a meaningful, supportive 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.
(c) If the court does not make an order of termination of parental rights, it may grant an order under Code Section 16 11-34 15-11-55 if the court finds from clear and convincing evidence that the child is a deprived child.

(a) The petition to terminate parental rights and all subsequent court documents in the proceeding shall be entitled 'In the matter of _______, a child.', except upon appeal, in which event the anonymity of the child shall be preserved by appropriate use of initials. The petition shall be in writing.
(b) The petition shall be made, verified, and endorsed by the court as provided in Article 1 of this chapter for a petition alleging deprivation.

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(c) The petition shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in Code Section 16 11 80 15-1193, and shall set forth in ordinary and concise language the facts required by Code Section 16-11-26 15-11-38.1.

(d) When a petition seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to the child, the petition shall be amended to include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicating the possibility of paternity of a child of the child's mother pursuant to subparagraph (d)(2)(B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child's date of birth. Such certificate shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition or as of a date later than the date of the petition.
16 11 S3 15-11-96

(a) Upon filing of the petition, summons shall be issued forthwith on the child's par-
ents, guardian, lawful custodian, and on the person presently having physical custody of the child.

(b) A copy of the petition shall be attached to the summons in all cases other than service by publication. When served by publication, the notice shall indicate the general nature of the allegations and where a copy of the petition may be obtained by the child's parents, guardian, lawful custodian, and the person presently having physical custody of the child. Such copy shall be available from the court during business hours. A free copy shall be available to the parent or, upon request, shall be mailed to the parent. All summons shall contain a statement to the effect that the hearing is for the purpose of terminating parental rights.

(c) The summons shall require the person who has physical custody of the child to appear personally and to bring the child before the court at the time and place stated in the summons. Where, at the court's discretion, it is deemed in the interest of the child that the child need not be brought before the court, the court may so indicate. The summons shall be served at least 30 days before the time set for the hearing, and a copy of the petition shall be served together with the summons and shall be made in the manner provided in Code Section 9-11-4, relating to service in civil practice.

(d) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child.

(e) If there is a biological father who is not the legal father of a child and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 198-4, 19-8-5, 19-8-6, or 19-8-7 he shall be notified of the proceedings pursuant to this Code section in the following circumstances:

(1) If his identity is known to the petitioner or the petitioner's attorney;

(2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9;

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(3) If he is a registrant on the putative father registry who has indicated possible paternity of a child of the child's mother in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9 during a period beginning two years immediately prior to the child's date of birth; or
(4) If the court finds from the evidence, including but not limited to the affidavit of the mother executed in compliance with the court's requirement pursuant to subsection (g) of this Code section in the form provided in subsection (h) of Code Section 19-8-26, that such biological father who is not the legal father has performed any of the following acts:
(A) Lived with the child;
(B) Contributed to the child's support;
(C) Made any attempt to legitimate the child; or
(D) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child.
(f) Notification provided for in subsection (e) of this Code section shall be given to a biological father who is not a legal father by the following methods:
(1) Registered or certified mail, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt;
(2) Personal service, which notice shall be deemed received when personal service is perfected; or
(3) Publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication.
If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication.
(g) If there is a biological father who is not the legal father of the child and the identity of such biological father is not known to the petitioner or the petitioner's attorney, then the court shall be authorized to require the mother to execute an affidavit regarding such father in the form provided in subsection (h) of Code Section 19-8-26 or show cause before the court if she refuses. If the court finds from the evidence including but not limited to the affidavit of the mother that such biological father who is not the legal father has not performed any of the following acts:
(1) Lived with the child;
(2) Contributed to the child's support;
(3) Made any attempt to legitimate the child; or
(4) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child,
and the petitioner provides a certificate from the putative father registry stating that there is no entry on the putative father registry either acknowledging paternity of the child or indicating possible paternity of a child of the child's mother for a period begin-

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ning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that the biological father who is not the legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child.
(h) When notice is given pursuant to subsection (e) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will not be entitled to object to the termination of his rights to the child unless, within 30 days of receipt of such notice, he files:
(1) A petition to legitimate the child pursuant to Code Section 19-7-22; and
(2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section is pending.
(i) A biological father who is not the legal father loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the termination of his rights to the child if within 30 days from his receipt of the notice provided for in subsection (e) of this Code section he:
(1) Does not file a legitimation petition and give notice as required in subsection (h) of this Code section;
(2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or
(3) Files a legitimation petition and the action is subsequently concluded without a court order declaring a finding that he is the legal father of the child.
16 11 84. 15-11-97.
(a) If any person named in and properly served with summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child before the court, then the court may issue a rule nisi against such person, directing the person to appear before the court to show cause why such person should not be held in contempt of court.
(b) If the summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child into protective custody.
16-11-86. 15-11-98.
(a) In any proceeding for terminating parental rights or any rehearing or appeal thereon, the court shall appoint an attorney to represent the child as Iris the child's counsel and may appoint a separate guardian ad litem or a guardian ad litem who may be the same person as his the child's counsel.
(b) If the parent or parents of the child desire to be represented by counsel but are indigent, the court shall appoint an attorney for such parent or parents, which shall be a charge upon the funds of the county upon certification thereof by the court in the same manner as authorized for other expenses under Code Section 16 11 66 15-11-8.

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i c i -i eg 15-11-99
In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence.

The court may require a physical or mental evaluation of any parent, stepparent, guardian, or child involved in a proceeding under this article.

The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent deprivation or termination proceedings involving the same child or deprivation or termination proceedings involving the same respondent under this article.
15 11 SO 15-11-102
The court shall conduct hearings, where appropriate, in accordance with Code Section -t K 1 1 _go 1^-11-39 9

(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. 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.
(2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of the following dispositions: commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or take other suitable measures for the care and welfare of the child.
(b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit of the Department of Human Resources within 15 days of the filing of such order.
(c) The custodian has authority to consent to the adoption of the child, his the child's marriage, his the child's enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(d) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to deter-

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mine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement.
16-11-01. 15-11-104.
In a proceeding under this article, the provisions of Article 1 of this chapter shall apply unless in conflict with this article.
16 11 92 15-11-105
Nothing in this article shall be construed as affecting the rights of a parent other than the parent who is the subject of the proceedings.
16 11 93 15-11-106
All hearings contemplated by this article shall be conducted in an expedient manner. An order of disposition shall be issued by the juvenile court no later than one year after the filing of the petition required by Code Section 16 11 82 15-11-95, provided that no just cause has been shown for delay. This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order."
SECTION 2.
Said title is further amended by striking in its entirety Article 4, relating to procedures and policies relative to juveniles who may be mentally ill, and inserting in lieu thereof the following:
"ARTICLE 4

(a) Study and report. If, at any time, the evidence indicates that a child may be suffering from mental retardation or mental illness, the court may commit the child to an appropriate institution, agency, or individual for study and report on the child's mental condition.
(b) Determination of disability. The juvenile court judge shall determine whether a child has been determined to be handicapped as defined in 20 U.S.C. Sections 1401(a)(l) and 1401(a)(15). If there is an Individualized Education Program (IEP) as defined in 20 U.S.C. Section 1401(a)(20), it shall be made a part of the dispositional hearing record.
(c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources.
(d) Other disposition or transfer. If the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by this article Article 1.
(e) Applicability of Code Section 16-11-6.1 15-11-62. The provisions of Code Section 16-11 6.1 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be

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committed to the Department of Corrections but shall be committed to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources as provided in this Code section.
15-11-150.
(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.
(b) The provisions of this article shall not apply to any case in which the superior court has jurisdiction pursuant to Code Section 16-11-6.1 15-11-62.
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.

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(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 intellectual 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.

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(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.
(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.

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(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 rinding 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, 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 liteni 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.

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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;
(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

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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 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 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 da) (o) of Code Section 16 11 41 15-11-58.
(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."

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SECTION 3.
Title 5 of the Official Code of Georgia Annotated, relating to appeals, is amended in Code Section 5-7-1, relating to appealable orders, decisions, or judgments, by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof the following:

"(5) From an order, decision, or judgment transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 16 11 6 15-11-28."
SECTION 4.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-23-7, relating to collection of additional legal costs in civil actions for purposes of providing alternative dispute resolution programs, by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(e) Juvenile court supervision fees collected pursuant to Code Section 16 11 66.1 1511-71 may be used for mediation services provided by court programs pursuant to this chapter."

SECTION 5.
Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended in Code Section 16-5-45, relating to interference with custody, by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof the following:
"(3) 'Lawful custody' means that custody inherent in the natural parents, that custody awarded by proper authority as provided in Code Section 16 11 17 15-11-45, or that custody awarded to a parent, guardian, or other person by a court of competent jurisdiction."

SECTION 6.
Said title is further amended in Code Section 16-11-127.1, relating to carrying weapons within school safety zones, at school functions, or on school property, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both. A juvenile child who violates this subsection shall be subject to the provisions of Code Section 16 11 37 15-11-63."

SECTION 7.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-10-1, relating to fixing sentence, suspension or probation of sentence, changing sentence, parole eligibility, prohibited modifications, and exceptions, by striking subsection (e) in its entirety and inserting in lieu thereof the following:

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"(e) In any case involving a felony in which the defendant previously appeared before a juvenile court, the records of the dispositions of the defendant as well as any evidence used in any juvenile court hearing shall be available to the district attorney, the defendant, and the superior court judge in determining sentencing as provided in Code Section 16-11 38 15-11-79.1."
SECTION 8.
Said title is further amended in Code Section 17-10-14, relating to committal of persons under 17 convicted of felonies and sentencing certain juveniles to the Department of Corrections, by striking in their entirety subsections (b) and (c) and inserting in lieu thereof the following:
"(b) If a juvenile child is transferred to superior court according to subsection (b) of Code Section 16 11-30 15-11-30.2 and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such juvenile child to the Department of Corrections. Such juvenile child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections.
(c) In any case where a person child 13 to 17 years of age is convicted of a felony provided under subparagraph (b)(2)(A) of Code Section 16-11-6 15-11-28, such pcraon child shall be committed to the custody of the Department of Corrections and shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be housed in any other unit designated by the Department of Corrections."
SECTION 9.
Said title is further amended in Code Section 17-15-13, relating to the debt to the state created by payment of benefits to a crime victim, payment of such debt as a condition of probation or parole, and payment into the Georgia Crime Victims Emergency Fund, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) When a juvenile child is adjudicated delinquent in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the juvenile child pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in paragraph (2) of subsection (a) of Code Section 16-11-36 15-11-66."
SECTION 10.
Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-7-22, relating to petitions for legitimation, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 16-11-6 15-11-28, in the juvenile court of the county in which a deprivation proceeding regarding the child is pending."
SECTION 11.
Said title is further amended in Code Section 19-8-10, relating to instances when surrender or termination of parental rights are not required, by striking subsection (a) in its entirety and inserting in lieu thereof the following:

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"(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) Child has been abandoned by that parent;
(2) Parent cannot be found after a diligent search has been made;
(3) 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 16 11 81 15-11-94,
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 12.
Said article is further amended in Code Section 19-8-11, relating to petitions for termination of parental rights, by striking paragraph (3) of subsection (a) in its entirety and inserting in lieu thereof 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:
(A) Child has been abandoned by that parent;
(B) Parent of the child cannot be found after a diligent search has been made;
(C) Parent is insane or otherwise incapacitated from surrendering such rights; or
(D) 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 16 11 81 15-11-94,
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 13.
Said title is further amended in Code Section 19-8-13, relating to the filing and contents of an adoption petition, financial disclosure, and attorney's affidavit, by striking subsection (g) in its entirety and inserting in lieu thereof the following:
"(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where the adoption is sought under subsection (a) of Code Section 19-8-5 or

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19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 16 11 00 15-11-103, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits."

SECTION 14.
Said title is further amended in Code Section 19-13-20, relating to definitions relative to family violence, by striking paragraph (5) in its entirety and inserting in lieu thereof the following:

"(5) 'Family violence shelter' means a facility approved by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (a) of Code Section i634-30 15-11-48."

SECTION 15.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-670, relating to requirements for transferring students beyond the sixth grade, conditional admission, and compliance, by striking subsection (b) in its entirety and inserting in lieu thereof the following:

"(b) In lieu of complying with the provision of subsection (a) of this Code section, a transferring student may be admitted on a conditional basis if he or she and his or her parent or legal guardian executes a document providing the name and address of the school last attended and authorizing the release of all academic and disciplinary records to the school administration. The parent or guardian shall be notified of the transfer of such records and shall, upon written request made within ten days of such notice, be entitled to receive a copy of such records. Within five days of the receipt of a copy of such records, the parent or guardian may make a written request for and shall be entitled to a hearing before the principal of the school or his or her designee which is the custodian of such records for the purpose of challenging the content of the records. The student or his or her parent or legal guardian shall also disclose on the same document as the release whether the child has ever been adjudicated guilty of the commission of a designated felony act as denned in Code Section 16 11 37 15-1163 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed. Any form document to authorize the release of records which is provided by a school to a transferring student or such student's parent or legal guardian shall include a list of designated felony acts. The student or his or her parent or legal guardian shall also disclose on the document whether the student is currently serving a suspension or expulsion from another school, the reason for such discipline, and the term of such discipline. If a student so conditionally admitted is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible, he or she shall be dismissed from enrollment until such time as he or she becomes so eligible."

SECTION 16.

Said title is further amended by striking in its entirety Code Section 20-2-671, relating to transfer students who have committed felony acts, and inserting in lieu thereof the following:

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"20-2-671.

If any school administrator determines from the information obtained pursuant to Code Section 16 11 37 15-11-63 or 20-2-670 or from any other source that a student has committed a designated felony act, such administrator shall so inform all teachers to whom the student is assigned that they may review the information in the student's file provided pursuant to subsection (b) of Code Section 20-2-670 received from other schools or from the juvenile courts. Such information shall be kept confidential."
SECTION 17.
Said title is further amended in Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 16 11 6 15-11-28 or 16 11-68.1 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 16-11-37 15-11-63, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential."
SECTION 18.
Said title is further amended in Code Section 20-2-768, relating to expulsion or suspension of students for felonies, by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicted for, or having information filed for the commission of any felony or any delinquent act under Code Section 16 11 6 15-11-28 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or the student's parent or legal guardian has the right to request a hearing pursuant to the procedures provided for in Code Section 20-2-754."
SECTION 19.
Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended in Code Section 24-9-47, relating to disclosure of AIDS confidential information, by striking subsection (q) in its entirety and inserting in lieu thereof the following:
"(q) A public safety agency or district attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 4611-36.1 15-11-66.1, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record."
SECTION 20.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-22-9.2, relating to reporting of positive HIV tests, counseling, violations, exception for insurance coverage, and exposure of health care provider, by striking subsection (c) in its entirety and inserting in lieu thereof the following:

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"(c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 16 11 36.1 1511-66.1, 17-10-15, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or lifethreatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample."
SECTION 21.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended in Code Section 35-3-33, relating to the powers and duties of the Georgia Crime Information Center, by staking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) The provisions of this article notwithstanding, information and records of children shall only be inspected and disclosed as provided in Code Sections 15-11-82 and 16 11 60 15-11-83. Such records and information shall be de-
stroyed according to the procedures outlined in Code Sections 16-11-61 15-11-79.2 and 1 fi 11 6fi 15-11-81 "
SECTION 22.
Title 36 of the Official Code of Georgia Annotated, relating to local governments, is amended in Code Section 36-32-10, relating to municipal court handling of cases of furnishing alcoholic beverages to and purchase and possession of alcoholic beverages by underage persons, by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(e) Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section 16"11 6 15-11-28."
SECTION 23.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended in Code Section 40-5-75, relating to suspension of drivers' licenses for conviction of certain offenses relating to marijuana or controlled substances, by striking subsection (g) in its entirety and inserting in lieu thereof the following:
"(g) Notwithstanding the provisions of Code Section 16-11-38 15-11-72 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for any offense listed in subsection (a) of this Code section shall be deemed a conviction for purposes of this Code section."

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SECTION 24.

Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended in Code Section 47-2-295.1, relating to employees of the Department of Juvenile Justice, by striking in their entirety paragraphs (2) and (3) of subsection (a) and by striking subsection (b) in its entirety and inserting in lieu thereof the following:

"(2) 'Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof county probation and intake employees who become employees of the department as a result of the county probation and intake services' being transferred to the department pursuant to the provisions of Code Section 16 11 0.1 15-11-24.3, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(3) 'Probation and intake employee' means a probation and intake employee as such term is defined in paragraph (1) of subsection (a) of Code Section 16 11 0.1 15-1124.3.
(b) Any person becoming an employee of the department at any time on or after July 1, 1993, as a result of a transfer of county probation and intake services to the department pursuant to the provisions of Code Section 16-11 0.1 15-11-24.3 shall have the options and rights provided for by this Code section. The options available to any such employee under this Code section must be exercised within 18 months after the date the applicable county probation and intake services are transferred to the department. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the governing authority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified."

SECTION 25.
Said title is further amended in Code Section 47-23-1, relating to definitions relative to the Georgia Judicial Retirement System, by striking in its entirety paragraph (10) and inserting in lieu thereof the following:
"(10) 'Juvenile court judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Section 16-11-3 15-11-18 relative to the creation of juvenile courts, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement or pension systems created by local law."
SECTION 26.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in Code Section 49-4A-8, relating to commitment of delinquent or unruly children to the Department of Juvenile Justice, powers of the department regarding such children, return of mentally ill or retarded children, escapees, discharge, records, and restitution, by striking in their entirety paragraph (1) of subsection (e.l) and paragraph (4) of subsection (i) and inserting in lieu thereof the following:

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"(e.l)(l) When a child who has been adjudicated delinquent for the commission of a designated felony act as defined in Code Section 16 11-37 16-11-63 is released from confinement or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody."
"(4) An employee designated pursuant to paragraph (2) of this subsection may take a child into custody without a warrant upon personal knowledge or written request of a person having knowledge of the escape or violation of conditions of supervision, or a child may be taken into custody pursuant to Code Section 16 11 17 15-11-45. When taking a child into custody pursuant to this paragraph, a designated employee of the department shall have the power to use all force reasonably necessary to take the child into custody."
SECTION 27.
Said title is further amended in Code Section 49-4A-9, relating to youthful offenders and their sentencing, modification of orders relating to such offenders, review, transfer, and program participation, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile child committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or the commissioner's designated representative; provided, further, that upon releasing or paroling any juvenile child adjudicated delinquent for the commission of a designated felony act as defined in Code Section 16-11-37 16-11-63 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection."
SECTION 28.
Said title is further amended in Code Section 49-5-131, relating to definitions relative to programs and protection for children, by striking paragraph (2) in its entirety and inserting in lieu thereof the following:
"(2) 'Delinquent act' means an act defined in paragraph (6) of Code Section 15-11-2; provided, however, that such term shall not include a 'designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 16 11 37 15-116J5."
SECTION 29.
All laws and parts of laws in conflict with this Act are repealed.

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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
Bordeaux Borders Bridges Y Brooks Y Brown Y Buck Buckner Y Bulloch Y Bum 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
YDay Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett E 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
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 Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey E McBee Y McCall
McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y 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
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 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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Scott of the 165th, Lewis of the 14th and Sholar of the 179th 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 1124. By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and DeLoach of the 172nd: A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net.

WEDNESDAY, JANUARY 26, 2000

275

The following Committee substitute was read and adopted: A BILL
To amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, is amended by striking in its entirety Code Section 27-4-7, relating to the use of gill nets and seizure of illegal nets, and inserting in lieu thereof the following:
"27-4-7.
(a) Except as otherwise provided by law or rule and regulation, it shall be unlawful for any person to use a gill net in any of the fresh waters or salt waters of this state at any time, provided that it shall be lawful for properly licensed fishermen to use such nets in the taking of shad and sturgeon in accordance with Code Section 27-4-71, subsection (d) of Code Section 27-4-91, and all other laws and rules and regulations applicable to the taking of such fish. All nets violative of this Code section found in the fresh waters or salt waters of this state or in the possession of any person on or around fresh water or salt water shall be seized by conservation rangers or other peace officers of this state. Nets so seized shall be confiscated and shall become the property of the department and shall be disposed of as the commissioner shall direct.
(b) It shall be unlawful to have in one's possession, to land, to offer for sale, or to sell in this state any species offish regulated pursuant to Code Section 27-4-130.1 which are taken by means of a gill net except for sturgeon taken in accordance with subsection (d) of Code Section 27-4-91."
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:

N Alien N 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
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

276
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 E Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

JOURNAL OF THE HOUSE

Y Heard N Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning

Y Martin, J Y Martin, J.L Y Massey E 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 EandaJl
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
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Untennan Y Walker, L Y Walker, R.L Y Watson Y West Y 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 161, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1117. By Representatives Holmes of the 53rd, Dodson of the 94th, Hudson of the 120th and DeLoach of the 172nd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to make clerical and conforming changes to the Georgia Election Code; to provide that candidates for county and municipal offices who pay a qualifying fee with a check that is dishonored are automatically found not to have met the qualifications for holding the office sought; to allow the State Elections Board to authorize the Secretary of State to investigate violations of the Georgia Election Code.
The following Committee substitute was read and adopted: A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to make clerical and conforming changes to the Georgia Election Code; to provide that candidates for county and municipal offices who pay a qualifying fee with a check that is dishonored are automatically found not to have met the qualifications for holding the office sought; to allow the State Elections Board to authorize the Secretary of State to in-

WEDNESDAY, JANUARY 26, 2000

277

vestigate violations of the Georgia Election Code; to provide that qualifying periods and primaries and elections may be extended or postponed in the event the Governor declares a state of emergency or natural disaster; to provide that municipal election superintendents be appointed in a public meeting; to extend municipal write-in candidate's time to give notice of such candidacy until after municipal qualifying ends; to provide that municipal registrars must be registered Georgia voters and to eliminate the requirement that they be residents of their municipality; to change provisions relating to a voter's change of address; to provide for incumbency to be noted on a ballot in a nonpartisan election and to provide that candidates be listed alphabetically; to provide that ballots be supplied in a number equal to that of active registered voters; to provide that addresses of candidates who have the same last name shall be printed on the ballots or ballot labels as appropriate; to change provisions relating to testing of tabulating machines; to provide that absentee voters who vote in person shall show the same identification a voter must show at the polling place; to provide that challenges to absentee voters must be done prior to noon on the day of the primary or election; to eliminate the use of a hunting or fishing license as proper voter identification; to eliminate the requirement that one poll in a special election for a member of the General Assembly shall be open even if only one candidate qualifies for the special election; to provide that tampering with voting equipment is a felony; to change provisions relating to recall elections; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by redesignating subsection (d) of Code Section 21-2-6, relating to qualifications of candidates for county and municipal offices, as subsection (e) and inserting a new subsection (d) to read as follows:
"(d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the superintendent 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."
SECTION 2.
Said title is further amended by striking paragraph (5) of Code Section 21-2-31, relating to the powers and duties of the State Election Board, and inserting in lieu thereof a new paragraph to read as follows:
"(5) To investigate, or authorize the Secretary of State to investigate, when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law;".
SECTION 3.
Said title is further amended by adding following Code Section 21-2-50, relating to powers and duties of the Secretary of State, a new Code section to read as follows:

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"21-2-50.1.
In the event the Governor declares that a state of emergency or disaster exists pursuant to Code Section 38-3-51, the Secretary of State is authorized to postpone or extend the qualifying periods provided in this chapter for the qualification of candidates seeking municipal, county, or state-wide office and to postpone the date of any primary, special primary, election, or special election in the affected area. The Secretary of State shall exercise the powers granted by this Code section carefully, and any such postponement or extension shall be reasonable."
SECTION 4.
Said title is further amended by striking Code Section 21-2-70.1, relating to municipal superintendents, and inserting in lieu thereof a new Code section to read as follows:
"21-2-70.1.
(a) The municipal superintendent shall conduct, in accordance with this chapter, all municipal elections held within his or her municipality.
(b) The municipal superintendent shall be a person or committee selected in the manner prcacribcd by the governing authority of the municipality in a. public meeting and such selection shall be recorded in the minutes of such meeting, with compensation The municipal superintendent shall receive compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-inlaw, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any precinct primary or election in which such candidate's name appears on the ballot in any primary or election."
SECTION 5.
Said title is further amended by striking subsection (a) of Code Section 21-2-133, relating to procedures for write-in candidacy, and inserting in lieu thereof a new subsection to read as follows:
"(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 filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections and no later than seven days after the close of the municipal qualifying period for municipal elections 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, notice shall be filed with the Secretary of State and published in a paper of general circulation in the state;
(2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or
(3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election."

WEDNESDAY, JANUARY 26, 2000

279

SECTION 6.
& 5 Said title is further amended by striking subsection (a) of Code Section 21-2-214, relati ing to qualifications and duties of registrars and deputy registrars, and inserting in lieu '! thereof a new subsection to read as follows:

"(a) County registrars Rcgiatrara and deputy registrars shall be electors of the county or municipality in which they are appointed and shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language."
SECTION 7.

Said title is further amended by striking Code Section 21-2-218, relating to address changes and corrections and cancellation of voter registration in former state or county, and inserting in lieu thereof a new Code section to read as follows:
"21-2-218.

(a) Any person, who is registered to vote in another state and who moves such per-

son's residence from that state to this state, shall, at the time of making application to

register to vote in this state, provide such information as specified by the Secretary of

State in order to notify such person's former voting jurisdiction of the person's applica-

tion to register to vote in this state and to cancel such person's registration in the for-

.:

mer place of residence.

(b) Any person, who is registered to vote in another county or municipality in this state and who moves such person's residence from that county or municipality to another county or municipality in this state, shall, at the time of making application to register to vote in that county or municipality, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in the new place of residence and to cancel such person's registration in the former place of residence.

(c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact at loaat 30 days by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card.

(d) In the event that an elector moves to a residence within the county or municipal-

ity but into a different precinct or who moves to a residence in the same precinct but

at a different address and fails to notify the board of registrars of such fact at leaot 30

days by the fifth Monday prior to an election or primary such elector shall vote in the

precinct of such elector's former residence for such election or primary and for any

runoffs resulting therefrom. The superintendent of an election shall make available at

each polling place forms furnished by the Secretary of State which shall be completed

!

by each such elector to reflect such elector's present legal residence. Such forms may

also be used to notify the board of registrars of a change in an elector's name. The

board of registrars shall thereafter place the elector in the proper precinct and voting

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districts and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which such elector has previously been voting, such elector shall be notified of the new polling place by first-class mail.
(e) Any provision of this chapter to the contrary notwithstanding, an elector who moves from one county or municipality to another within 30 daya after the fifth Monday prior to a primary or election may vote in the county or municipality or precinct in which such elector is registered to vote.
(f) No person shall vote in any county or municipality other than the county or municipality of such person's residence except as provided in subsection (e) of this Code section.
(g) In the event that the registration records incorrectly indicate that an elector has moved from an address within a precinct, the elector may vote in the precinct upon affirming in writing on a form prescribed by the Secretary of State that the elector still resides in the precinct at the address previously provided to the board of registrars. The registrars shall correct the elector's registration record to reflect the correct address.
(h) If a voter registration application is completed at a polling place for the purpose of recording a change of address and the new address is outside the county, then the registrar shall forward the application to the registrar in the new county of residence."
SECTION 8.
Said title is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections, and inserting in lieu thereof a new Code section to read as follows:
"21-2-285.1.

The names of all candidates nominated in the nonpartisan primary shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged alphabetically by last name under the title of the office for which such candidate was nominated in the official nonpartisan primary. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the

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281

nonpartisan election. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
SECTION 9.
Said title is further amended by staking Code Section 21-2-290, relating to the provision of ballots by the superintendent, and inserting in lieu thereof a new Code section to read as follows:
"21-2-290.

The superintendent shall provide, for each precinct in which a primary or election is to be held, a sufficient number of ballots equal to the number of active registered electors."
SECTION 10.
Said title is further amended by adding following Code Section 21-2-325, relating to the form of ballot labels for voting machines, a new Code section to read as follows:
"21-2-325.1.

If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal elections, shall print or cause to be printed the residence address of all candidates for such nomination or office on the ballot label under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence address of all candidates for that office on the ballot label; and the decision of the designated official shall be conclusive."
SECTION 11.
Said title is further amended by striking subsection (c) of Code Section 21-2-359, relating to preparation of vote recorders, and inserting in lieu thereof a new subsection to read as follows:
"(c) On or before the third day preceding a primary or election, the superintendent shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which are improperly marked and one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine 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 machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the primary or election. In preparing the vote recorders, he or she shall arrange the recorders and the ballot labels so that they meet all requirements of vot-

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ing and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate in the office of the superintendent of the county or the city clerk of the municipality that the recorders are in proper order with correct ballot labels."

SECTION 12.

Said title is further amended by striking Code Section 21-2-380.1, relating to the appointment of absentee ballot clerks, and inserting in lieu thereof a new Code section to read as follows:
"21-2-380.1.

The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article."

SECTION 13.

Said title is further amended by striking subsection (b) of Code Section 21-2-381, relating to applications for absentee ballots and eligibility to vote by absentee ballot, and inserting in lieu thereof a new subsection to read as follows:

"(b) Upon receipt of a timely application, a registrar or absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. In order to be found eligible to vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office, such person shall show one of the forms of identification listed in Code Section 21-2-417. If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's or absentee ballot clerk's office or deliver the ballot in person to the elector if such elector is confined to a hospital. If found ineligible, the clerk or the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars or absentee ballot clerk for at least one year. If the registrar or clerk is unable to determine the identity of the elector from information given on the application, the registrar or clerk should promptly write to request additional information. In the case of an unregistered applicant who is eligible to register to vote, the clerk or the board shall immediately mail a blank registration card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the clerk or the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the clerk or registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the clerk or board not later than the close of the polls on the day of the primary or election concerned."

SECTION 14.

Said title is further amended by striking subsection (d) of Code Section 21-2-384, relating to preparation and delivery of election supplies, oaths of absentee electors, and challenges, and inserting in lieu thereof a new subsection (d) to read as follows:

WEDNESDAY, JANUARY 26, 2000

283

"(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 noon on the day of the primary or election."

SECTION 15.

Said title is further amended by striking subsection (a) of Code Section 21-2-417, relating to proper identification for voting at a polling place, and inserting in lieu thereof a new subsection to read as follows:

"(a) Each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:

(1) A valid Georgia driver's license;

(2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification;

(3) A valid United States passport;

(4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;

(5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business;

(6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia;

(7) A valid Georgia hunting or fishing license;

(8X7) A valid Georgia license to carry a pistol or revolver;

(9X8) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States;

(40X9) A valid United States military identification card;

(41X10) A certified copy of the elector's birth certificate;

(48X11) A valid social security card;

(43X12) Certified naturalization documentation; or

(44X13) A certified copy of court records showing adoption, name, or sex change."

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SECTION 16.
Said title is further amended by striking Code Section 21-2-544, relating to a special election for a General Assembly vacancy, and inserting in lieu thereof a new Code section to read as follows:
"21-2-544.

Whenever a vacancy shall occur or exist in either house of the General Assembly during a session of the General Assembly or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet, at any time previous to the next November election, the Governor shall issue, within ten days after the occurrence of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. In all other cases any such special election to fill any such vacancy shall be held if the Governor issues his or her writ of election therefor. In such cases the writ of election shall be issued to the Secretary of State who shall transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. If a vacancy occurs while the General Assembly is in session and the Governor elects to issue a writ, it ahall only be ncecaaary to have one poll open in every county involved, which shall be at the county scat, if only one candidate has qualified for the vacant scat."
SECTION 17.
Said title is further amended by adding following Code Section 21-2-582, relating to tampering with vote recorders or tabulating machines, a new Code section to read as follows:
"21-2-582.1.

(a) For the purposes of this Code section, the term Voting equipment' shall mean a voting machine, vote recorder, tabulating machine, optical scanning voting system, or direct electronic recording voting system.
(b) Any person or entity, including but not limited to a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony."
SECTION 18.
Said title is further amended by striking subsection (a) of Code Section 21-4-4, relating to who is subject to recall and grounds and procedures for demanding such a recall, and inserting in lieu thereof a new subsection to read as follows:
"(a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to that office:
(1) In the case of a state officer whose electoral district encompasses the entire state, the number of electors necessary to petition the recall of the officer shall be equal to at least 15 percent of the number of electors who were registered and quali-

WEDNESDAY, JANUARY 26, 2000

285

fied to vote at the last preceding general election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary to petition the recall of the officer must reside in each of the United States congressional districts in the state as said congressional districts may now or hereafter exist; or
(2) In the case of a state officer whose electoral district encompasses only a part of the state or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least 30 percent of the number of electors registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer."
SECTION 19.
Said title is further amended by striking subsection (c) of Code Section 21-4-5, relating to recall petitions, and inserting in lieu thereof a new subsection to read as follows:
"(c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least 100 electors or equal in number to at least 10 percent of the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller."
SECTION 20.
This Act shall become effective upon the approval of the Governor or upon its becoming law without such approval.
SECTION 21.
All laws and parts of laws in conflict with this Act are repealed.

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

On the passage of the Bill, by substitute, the 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 Buckner
Y Bulloch Y Bunn Y Burkhalter
Y Byrd Y Callaway Y Campbell

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

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

Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Y Irvin Y Jackson, B Y Jackson, L Y James
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 E McBee Y McCall Y McClinton
Y McKinney Y Millar Y Mills Y Mobley
Y Morris Y Mosley
Y Mueller Y OTJeal Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell

286
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

JOURNAL OF THE HOUSE

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B

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

Stanley, P Y Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
N Tolbert Y Trense Y Turnquest Y Twiggs

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

On the passage of the Bill, by substitute, the ayes were 165, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Hegstrom of the 66th and Jones of the 71st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 37. By Senator Madden of the 47th:
A bill to amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to limitations on amounts of risk applicable to farmers' mutual fire insurance companies, so as to provide an exception applicable to certain companies issuing policies insuring against loss or damage by fire only.

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

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

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

Y Clark
Y Coan Y Coleman, B Y Coleman, T Y Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T YDay
Dean Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Y Epps Evans
Y Everett E Felton
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 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 E 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
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
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, JANUARY 26, 2000

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 Stantil 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

287
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, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 870. By Representatives Wiles of the 34th, Manning of the 32nd, Kaye of the 37th, Ehrhart of the 36th, Grindley of the 35th and others: A resolution commending the Walker School Wolverines Men's Soccer Team and inviting the team and its coaches to appear before the House of Representatives.
HR 871. By Representative Unterman of the 84th: A resolution commending the 2000 Loganville High School girls varsity basketball team and inviting the team members, their coaches, and the school principal to appear before the House of Representatives.
HR 872. By Representatives Byrd of the 170th and Coleman of the 142nd: A resolution commending the Telfair County Lady Trojans softball team and inviting the team and its coaches to appear before the House of Representatives.
The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:
HB 518. By Representative Royal of the 164th: A bill to amend Code Section 48-2-44 of the Official Code of Georgia Annotated, relating to penalty and interest on failure to file a return or pay revenue held in trust for the state and penalty and interest on failure to pay ad valorem tax, so as to change certain provisions for the disposition of certain interest.
The following Senate amendment was read:

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Amend HB 518 by striking "1999" and inserting in its place "2000"on line 30 of page 1.

Representative Royal of the 164th moved that the House agree to the Senate amendment to HB 518.

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 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 ConneU
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 E 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
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 E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons

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

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

On the motion, the ayes were 168, nays 0.
The motion prevailed.
HB 523. By Representatives Royal of the 164th and Buck of the 135th: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive revision of the method and manner of calculating and determining the assessment ratio of assessed value to fair market value.
The following Senate amendments were read:

WEDNESDAY, JANUARY 26, 2000

289

Senate Amendment No. 1 Amend HB 523 by striking "2000" and inserting in its place "2001"on line 25 of page 11. By striking "1999" and inserting in its place "2000" on line 29 of page 11.

Senate Amendment No. 2
Amend HB 523 by striking "2001" and inserting in its place "2000"in subsection (b) of Section 11 on page 11.

Representative Royal of the 164th moved that the House agree to the Senate amendments to HB 523.

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 Y Bunn Y Burkhalter YByrd Y Callaway
Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Council
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 YEpps Y Evans Y Everett E 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 E McBee Y McCall
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 YPoag Y Ponder Y Porter Y Powell Y Purcell
Ragas Y Handall YRay 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 YSims 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
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tblbert 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 motion, the ayes were 167, nays 0. The motion prevailed.
Representative Smyre of the 136th assumed the Chair.

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

THURSDAY, JANUARY 27, 2000

291

Representative Hall, Atlanta, Georgia Thursday, January 27, 2000

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

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

Anderson Ashe Bailey Bannister Barnard Barnea Benefield Birdsong Bohannon Borders Bridges Brooks Brown Buck Bulloch
Burkhalter
Byrd Callaway Campbell Cash Channell Guilders Clark Coan Coleman, B Connell Cooper

Cox Crawford
Cummings Davis, T Day DeLoach, B DeLoach, G Dodson Ehrhart Everett
E Pelton Floyd Franklin
Golick Graves Greene Hammontree
Harbin Heard Heckstall Hegstrom Hembree
Holland Houston Howard Hudgens
Hudson, H

Hudson, N Hugley Jackson, B Jackson, L James Jennings Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J.L Massey E McBee McCall Millar Mills Mobley Morris Mosley Mueller OTSIeal

Parsons Pelote Pinholster Powell Purcell Randall Ray Reaves Reece Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scheid Shanahan Shaw Sholar Sims Sinkfield Skipper Smith, B

Smith, L Smith, L.R Smith, P Smith, T Smith, V Snelling Snow Squires Stand! Stephens Stokes Taylor Teper Tillman Tolbert Turnquest Twiggs Unterman Walker, L Watson West Whitaker Wiles
Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Parham of the 122nd, Porter of the 143rd, Jenkins of the 110th, Westmoreland of the 104th, Williams of the 114th, Dixon of the 168th, Poag of the 6th, Bunn of the 74th, Scott of the 165th, Smith of the 19th, Stuckey of the 67th, Scarlett of the 174th, Jones of the 71st, Walker of the 87th, Evans of the 28th, Ragas of the 64th, Bordeaux of the 151st, Orrock of the 56th, Shipp of the 38th, Parrish of the 144th, Trense of the 44th, Henson of the 65th, Dukes of the 161st, Teague of the 58th, McClinton of the 68th, Smyre of the 136th, Alien of the 117th, Stanley of the 49th, Jamieson of the 22nd, Buckner of the 95th, Reed of the 52nd, Davis of the 60th, Harrell of the 62nd, Martin of the 47th, Epps of the 131st, Irvin of the 45th, Stanley-Turner of the 50th, McKinney of the 51st and Ponder of the 160th.
They wish to be recorded as present.
Prayer was offered by the Reverend Harold Savage, Pastor, Snellville Church of Christ, Snellville, 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.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1265. By Representatives Smith of the 12th, Sims of the 167th and Royal of the 164th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the signature and written declaration of persons making returns of taxable property; to provide for prima-facie evidence with respect to such returns.
Referred to the Committee on Ways & Means.
HB 1266. By Representatives Buckner of the 95th, Parrish of the 144th, Channell of the lllth, Sauder of the 29th and Williams of the 114th: A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, so as to provide for a board of trustees for the old Governor's mansion; to provide for administrative attachment; to provide for members and their qualifications and terms of office.

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293

Referred to the Committee on Higher Education.

HB 1267. By Representatives Mueller of the 152nd, Pelote of the 149th, Stephens of the 150th and Day of the 153rd:
A bill to provide that the tax commissioner of Chatham County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1268. By Representatives Barnes of the 97th, Dodson of the 94th, Benefield of the 96th, Bailey of the 93rd and Stancil of the 16th:
A bill to amend Chapter 62A of Title 36 of the Official Code of Georgia Annotated, relating to conduct of members of local authorities, so as to provide for training for members of local development authorities.
Referred to the Committee on State Planning & Community Affairs.

HB 1269. By Representatives Ehrhart of the 36th, Wiles of the 34th and Wix of the 33rd: A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
Referred to the Committee on Judiciary.

HB 1270. By Representatives Buckner of the 95th, Martin of the 47th, Ray of the 128th, Teague of the 58th, Manning of the 32nd and others:
A bill to amend Code Section 30-3-5 of the Official Code of Georgia Annotated, relating to specific amenities required to be provided in public buildings for persons with disabilities, so as to require that each public building that receives a permit for construction or renovation after July 1, 2000, shall provide at least one accessible restroom on the main floor of the building that is unisex so that caregivers of the opposite sex can enter to assist the disabled.
Referred to the Committee on Industry.

HB 1271. By Representatives Mills of the 21st, Smith of the 19th and Tolbert of the 25th:
A bill to amend an Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over so as to increase the exemption amount to $30,000.00 of the assessed value of the homestead for such residents and increase the income limitation to $14,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1272. By Representatives Wiles of the 34th and Kaye of the 37th:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the amount of the fee to be collected by the Secretary of State for the filing of a change relating to the registered agent of a business corporation, nonprofit corporation, foreign limited liability partnership, limited partnership, or limited liability company.
Referred to the Committee on Judiciary.

HB 1273. By Representatives Buck of the 135th, Dixon of the 168th, Epps of the 131st, Stuckey of the 67th, Ashe of the 46th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for a limit on the quantities of alcoholic beverages which an individual may possess and transport in this state if such alcoholic beverages were purchased in this state and the excise taxes were paid in this state; to authorize the direct shipment of wine to consumers in this state from outside this state upon obtaining a special order shipping license from the commissioner of revenue.

January 26, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1273. This notice is made prior to or upon reading the bill the first time.

Is/ Tom Buck III Representative 135th District
Referred to the Committee on Regulated Beverages.
HB 1274. By Representatives Byrd of the 170th and Mosley of the 171st: A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations on civil actions, so as to provide for a specific limitation on civil actions for sexual exploitation of children.
Referred to the Committee on Judiciary.
HB 1275. By Representatives Byrd of the 170th, Mosley of the 171st and Stephens of the 150th: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to define certain terms; to provide that an employer whose employee has suffered unlawful violence or a credible threat of violence that has been carried out at the employer's workplace may seek a temporary restraining order and an injunction prohibiting further violence or threats of violence.

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295

Referred to the Committee on Judiciary.

HB 1276. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th, Brooks of the 54th, Martin of the 47th and others:
A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed counties, so as to extend a certain tax credit for certain businesses in less developed areas of cities.
Referred to the Committee on Ways & Means.

HB 1277. By Representatives Floyd of the 138th and Hudson of the 156th:
A bill to amend Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to Georgia Cotton Producers Indemnity Fund of 1999, so as to change the provisions relating to payment of funds from the Georgia Cotton Producers Indemnity Fund of 1999; to provide for a definition; to provide for payment of claims for certain additional losses.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1278. By Representative Lane of the 146th: A bill to provide a new charter for the City of Rocky Ford.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1279. By Representatives Brooks of the 54th, Ragas of the 64th, Mobley of the 69th, Teague of the 58th and Dean of the 48th:
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 repeal the provision granting the superior court exclusive jurisdiction over the trial of a child 13 to 17 years of age alleged to have committed certain enumerated offenses; to change a provision relating to the commitment of a child 13 to 17 years of age to the custody of the Department of Corrections.
Referred to the Committee on Special Judiciary.

HB 1280. By Representatives Brooks of the 54th, Mobley of the 69th, Teague of the 58th and Dean of the 48th:
A bill to amend Code Section 17-10-7 of the Official Code of Georgia Annotated, relating to the punishment and eligibility for parole of persons convicted of a fourth felony offense, so as to repeal a provision restricting the authority of the State Board of Pardons and Paroles with respect to the granting of paroles or early release to persons who have been convicted of certain serious violent felonies.
Referred to the Committee on State Institutions & Property.

HB 1281. By Representatives Heckstall of the 55th, Turnquest of the 73rd, Mobley of the 69th, McKinney of the 51st, Bunn of the 74th and others:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to pro-

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JOURNAL OF THE HOUSE

vide for an additional exemption from the requirement that certain persons must be restrained by a seat safety belt.

Referred to the Committee on Motor Vehicles.

HB 1282. By Representative Poag of the 6th:
A bill to amend an Act creating the office of commissioner of Murray County, approved March 20, 1939, as amended, particularly by an Act approved April 16, 1999, which 1999 Act provided for a referendum election with respect to reconversion of the board of commissioners to a sole commissioner form of government, so as to change provisions relating to the compensation of the chairperson in the board of commissioners form of government for Murray County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1283. By Representative Greene of the 158th: A bill to provide a new charter for the City of Coleman.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 874. By Representative Lane of the 146th: A resolution compensating Ms. Shirley Free.
Referred to the Committee on Appropriations.

HR 875. By Representative Lane of the 146th: A resolution compensating Mr. Elmer Clyde Little II.
Referred to the Committee on Appropriations.

HR 876. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th, Brooks of the 54th, Stanley of the 50th and others: A resolution authorizing the conveyance of certain state owned real property located in Fulton County.
Referred to the Committee on State Institutions & Property.

HR 877. By Representatives Trense of the 44th and Orrock of the 56th: A resolution creating the State Commission on Drug Addiction.
Referred to the Committee on Rules.

HR 878. By Representative Rogers of the 20th: A resolution authorizing the conveyance of certain state owned real property located in Hall County.
Referred to the Committee on State Institutions & Property.

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297

HR 879. By Representatives Heckstall of the 55th, Turnquest of the 73rd, Mobley of the 69th, McKinney of the 51st, Ashe of the 46th and others:
A resolution urging all members of the General assembly, elected officials, public employees, and visitors to refrain from smoking anywhere within the state capitol.

Referred to the Committee on Rules.

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

HB 1102 HB 1239 HB 1240 HB 1241 HB 1242 HB 1243 HB 1244
HB i1c24f6i HB 1247 HB 1248 HB 1249 HB 1250 HB 1251 HB 1252 HB 1253 HB 1254

HB 1255 HB 1256 HB 1257 HB 1258 HB 1259 HB
H_B 1262
HB HR 847 HR 848 HR 849 HR 850 HR 851 HR 852

Pursuant to Rule 52, Representative Floyd of the 138th moved that the following Bill of the House be engrossed:
HB 1244. By Representative Floyd of the 138th: A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to change the loan fees and late fees.
The motion prevailed.

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 130 Do Pass, by Substitute

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Respectfully submitted,
Is/ Reaves of the 178th Chairman

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 784 Do Pass, by Substitute
Respectfully submitted, Is/ Byrd of the 170th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 326 Do Pass, by Substitute HB 468 Do Pass HB 542 Do Pass, by Substitute

HR 380 Do Pass SB 30 Do Pass, by Substitute

Respectfully submitted, /s/ Hudson of the 156th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1258 Do Pass HB 1260 Do Pass HB 1262 Do Pass

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299

Respectfully submitted, Isl Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1123 Do Pass HB 1221 Do Pass, by Substitute
Respectfully submitted, fa/ Hanner of the 159th
Chairman

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

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 613 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1158 Do Pass

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Respectfully submitted, Is/ Jenkins of the 110th
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 1216 Do Pass HB 1218 Do Pass HB 1226 Do Pass
Respectfully submitted, lal Royal of the 164th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1216. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A bill to amend an Act creating the State Court of Cherokee County, so as to provide for an additional judge of the State Court of Cherokee County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1218. By Representatives Powell of the 23rd and Jamieson of the 22nd:
A bill to amend an Act creating a new Board of Commissioners of Franklin County, so as to provide that the office of chairperson shall be a part-time position; to provide for one mandatory monthly meeting of the board of commissioners; to change the method of filling vacancies on the board; 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 1226. By Representatives Smith of the 109th and Jenkins of the 110th: A bill to amend the Act creating the Lamar County Livestock and Agricultural Exposition Authority so as to provide that such authority is established for a purpose exempt from taxation under Section 501(c)(3) of the In-

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301

ternal Revenue Code; to provide for distribution of authority assets upon dissolution; to prohibit certain political activity by the authority.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
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 YByrd Y Callaway Y Campbell Y Cash Y Channell
Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings
Davis, M

Y Davis, T Y Day
Dean DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Evans Everett E Felton Y Floyd Y Franklin
Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
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 E McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTCeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
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
Sauder 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
Smith, T Smith, V Y Smyre Y Sneffing Snow Y Squires Y Stallings Y Stancil Stanley, P Stanley-Turner Y Stephens Stokes Y Stuckey Y Tfcylor Y Teague Y Teper Tillman Y Tolbert Y Trense Tumquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bills, the ayes were 146, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
Representative Roberts of the 162nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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Due to a mechanical malfunction, the vote of Representative Scarlett of the 174th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 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 Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 68. By Representatives Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Natural Resources and referred to the Committee on Industry:
HB 1251. By Representatives Powell of the 23rd, Hudson of the 156th, Martin of the 145th and McCall of the 90th:
A bill to amend Code Section 43-51-3 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, so as to change the composition of said board and provide for an advisory council to said board.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance and referred to the Committee on Motor Vehicles:

THURSDAY, JANUARY 27, 2000

303

HB 1219. By Representatives Jamieson of the 22nd, Smyre of the 136th, Benefield of the 96th, Parrish of the 144th, Parham of the 122nd and others:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 880. By Representatives Jennings of the 63rd, Ashe of the 46th, Smyre of the 136th, Stuckey of the 67th and Murphy of the 18th: A resolution recognizing February 10,2000, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives.
HR 885. By Representative Smith of the 91st: A resolution commending the Oconee County High School Warriors football team and inviting the team and Coach Jeff Herron to appear before the House of Representatives.
HR 886. By Representatives Pelote of the 149th, McRinney of the 51st and Tillman of the 173rd: A resolution commending Zeta Phi Beta Sorority and inviting representatives to appear before the House of Representatives.

Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 441. By Representatives Walker of the 141st, Bohannon of the 139th, Buck of the 135th, Borders of the 177th and Williams of the 114th:
A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for the tax situs of certain motor vehicles owned by nonresident soldiers and sailors; to provide for the tax situs of such vehicles in the case of certain joint ownership.

The following Committee substitute was read and adopted:
A BILL
To amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for the tax situs of certain motor vehicles wholly owned by nonresident members of the armed forces of the United States; to provide for the tax situs of certain such vehicles in the case of certain joint ownership; to provide for conditions and applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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 48-5-471, relating to motor vehicles subject to taxation, and inserting in its place a new Code Section 48-5-471 to read as follows:
"48-5-471.

(a) Every motor vehicle owned in this state by a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property as provided in Code Section 48-5-473; provided, however, that under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle. Every vehicle owned in this state by an entity other than a natural person is, except as specifically provided in Code Section 48-5-472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property as provided in Code Section 48-5473; provided, however, that under no circumstances shall such ad valorem taxation be collected more than one time per calendar year with respect to the same motor vehicle. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself.

(b)(l) Any motor vehicle wholly owned in this state by a nonresident member of the armed forces of the United States temporarily stationed in this state as a result of military orders shall not acquire a tax situs in this state and such motor vehicle shall not be required to be returned for taxation in this state. Not more than one motor vehicle jointly owned by such member of the armed forces of the United States together with such member's nonresident spouse, when such nonresident spouse temporarily resides in this state at the temporary domicile of such member of the armed forces of the United States for the primary purpose of residing together as a family with such member of the armed forces of the United States, shall not acquire a tax situs in this state and such motor vehicle shall not be required to be returned for taxation in this state.

(2) This subsection shall not apply to any motor vehicle that is used in the conduct of a business.

(3) Nothing in this subsection shall be construed to excuse the members of the armed forces of the United States or spouses from returning such motor vehicles for ad valorem taxation as may be required by the laws of their state of permanent domicile."

SECTION 2.

This Act shall become effective January 1, 2001, 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.

THURSDAY, JANUARY 27, 2000

305

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

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

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

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

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 E McBee Y McCall Y McClinton
McKinney Millar
Y Mills Y Mobley Y Morris Y Mosley Y Mueller
YCraeal Y Orrock Y Parham Y Parrish
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 Y Scheid Y Scott Y Shanahan
Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

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

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Bohannon of the 139th and Millar of the 59th 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 446. By Representatives Birdsong of the 123rd, Skipper of the 137th, Walker of the 141st, Royal of the 164th and Jamieson of the 22nd: A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead

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exemption from all ad valorem taxation for state, county, municipal and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law.

The following Committee substitute was read and adopted:
A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law; to provide conditions of eligibility; to provide for proof of eligibility; to provide procedures and for administration by tax officials; to provide that the exemption granted by this Act shall be in lieu of and not in addition to certain other exemptions on homesteads; to provide for applicability; to provide for a referendum; to provide effective dates; to provide for automatic repeal of this Act under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, is amended by adding between Code Sections 48-5-52 and 48-553 a new Code Section 48-5-52.1 to read as follows:
"48-5-52.1.
(a) Any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. As of January 1, 1999, the maximum amount which may be granted to a disabled veteran under the above-stated federal law is $43,000.00. For the purposes of this Code section, the term 'unremarried surviving spouse' of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this Code section effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation.

THURSDAY, JANUARY 27, 2000

307

(b) In order to qualify for the exemption provided for in this Code section, the unremarried surviving spouse shall furnish to the tax commissioner of the county of residence documents from the Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed while on active duty or while performing authorized travel to or from active duty during any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces killed in any war or armed conflict.

(c) An unremarried surviving spouse filing for the exemption under this Code section shall be required to file with the tax commissioner information relative to marital status and other such information which the county board of tax assessors deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the tax commissioner. Once filed, the exemption shall automatically be renewed from year to year, except that the county board of tax assessors may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this Code section to notify the tax commissioner in the event that person for any reason becomes ineligible for such exemption.

(d) The exemption granted by this Code section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for state, county, municipal, and school purposes which is equal to or lower in amount than such exemption granted by this Code section. If the amount of any other exemption from ad valorem taxation for state, county, municipal, and school purposes applicable to any resident qualifying under this Code section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this Code section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this Code section.

(e) The exemptions granted by this Code section shall apply to the tax year beginning on January 1, 2001, and all tax years thereafter."

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2000, general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

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"( ) YES ( ) NO

Shall the Act be approved which provides that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2001, and shall apply to all taxable years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

SECTION 3.

Except as provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

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

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

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 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 E Felton

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

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
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 E 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
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 Y Scheid Y Scott Y Shanahan
Y Shaw Y Shipp

THURSDAY, JANUARY 27, 2000

Y Sholar Y Sims Y Sinkfield
Y Skipper Y Smith, B
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Y Smith, P Y Smith, T

Y Smith, V Y Smyre Y Snelling
Y Snow Y Squires
Stallings Y Stancil Y Stanley, P
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

309
Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Barnard of the 154th 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 684. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th, Bunn of the 74th, Heckstall of the 55th and others:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to a certain homestead exemption for disabled veterans and certain surviving family members, so as to change certain references to federal law; to clarify the maximum amount of such exemption which may be granted to a disabled veteran or the unremarried surviving spouse or minor children of any such disabled veteran as of January 1, 1999.

The report of the Committee, which was favorable to the 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 E 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 E Felton Y Floyd Y Franklin Y Golick
Y Graves Y Greene
Grindley 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
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 E McBee Y McCall Y McClinton

McKinney Y Millar Y Mills Y Mobley Y Morris
Y Mosley Y Mueller Y OWeal 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 Y Ray Y Reaves Y Reece

310
Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid

JOURNAL OF THE HOUSE

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
Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Y Stancil
Stanley, P
Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Y Unterman

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

On the passage of the Bill, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 792. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th: A resolution designating the John F. Lawler 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 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 E 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 YEpps
Evans
Y Everett E 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
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 E 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 YPoag
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
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

THURSDAY, JANUARY 27, 2000

311

On the adoption of the Resolution, the ayes were 169, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HR 815. By Representatives Skipper of the 137th and Walker of the 141st: A resolution to amend the Rules of the House of Representatives.

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

On the adoption of the Resolution, the roll call was ordered and the vote was as 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 E 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 E 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 E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pittholster YPoag
Ponder Y Porter Y Powell YPurcell 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 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 N Teague Y Teper Y Tillman Y Tolbert YTrense 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 172, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

312

JOURNAL OF THE HOUSE

HB 1182. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Greene of the 158th, Houston of the 166th and others:
A bill to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources.

The following substitute, offered by Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th, was read:
A BILL
To amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," is amended by adding at the end thereof a new Code Section 12-16-9 to read as follows:
"12-16-9.
(a) The Environmental Protection Division Agricultural Advisory Committee is created to advise the Environmental Protection Division of the Department of Natural Resources as to the effects that proposed changes in environmental rules and regulations might have on family farms and agriculture in this state. The Environmental Protection Division shall submit all changes in Georgia's water quality rules and regulations to the committee and provide ample opportunity for committee review and comment prior to the rule adoption.
(b) The Environmental Protection Division Agricultural Advisory Committee shall consist of 12 members. One member shall be appointed by the Speaker of the House of Representatives, one member shall be appointed by the President of the Senate; five members shall be appointed by the chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives, and five members shall be appointed by the chairperson of the Senate Agriculture Committee. The five members appointed by the chairperson of the Committee on Agriculture and Consumer Affairs of the House of Representatives shall include three members of that committee and two farmers who are actively engaged in production agriculture. The five members appointed by the chairperson of the Senate Agriculture Committee shall include three

THURSDAY, JANUARY 27, 2000

313

members of that committee and two farmers who are actively engaged in production agriculture. All members shall be appointed for terms beginning on the first day of the regular session of the General Assembly held in odd-numbered years, provided that the initial members of the advisory committee shall be appointed immediately upon the effective date of this Code section and shall serve until the first day of the regular session of the General Assembly held in 2001.

(c) At the first meeting in each odd-numbered year, the members of the advisory committee shall select a chairperson from among the members of the committee. The chairperson shall designate the times and places at which the committee shall meet. Seven members of the committee shall constitute a quorum for the transaction of business.
(d) The members of the advisory committee shall not receive compensation for their services but shall be reimbursed from funds of the Environmental Protection Division of the Department of Natural Resources for actual expenses incurred in the performance of their duties."
SECTION 2.

Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, is amended by striking subsection (g) of said Code section, which reads as follows:
"(g)(l) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources.
(2) In the event the chairman of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of the agency to consult with the committee prior to the adoption of the rule.",
and inserting in its place the following:
"(g) Reserved."
SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read:

314

JOURNAL OF THE HOUSE

Representatives Irvin of the 45th, Stancil of the 16th and Ehrhart of the 36th move to amend the Floor substitute to HB 1182 by striking all matter on lines 25 through 28 of page 1 and inserting in lieu thereof the following:

"rules and regulations might have on all citizens, family farms, and agriculture in this state. The Environmental Protection Division shall submit all changes in Georgia's water quality, air quality, and emissions rules and regulations to the committee and provide".

Representative Ehrhart of the 36th moves to amend the Irvin amendment to the Floor substitute to HB 1182 as follows:
Add after line 10
"And by adding after line 14, page 3:
This Act shall apply to all such regulations adopted after Jan. 1, 2000, and implementation of any such regulations adopted after Jan. 1, 2000 and in force as of the effective date of this Act shall be suspended until the provisions of this Act have been complied with.
The caption of this Act shall be amended accordingly."

On the adoption of the Ehrhart amendment to the Irvin 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 Y Bridges N Brooks Y Brown N Buck Y Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Clark Y Coan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Cox N Crawford N Cummings Y Davis, M

Y Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon N Dodson
Dukes Y Ehrhart N Epps Y Evans Y Everett E Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston Y 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 Y Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey E McBee
McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons

Pelote Y Pinholster
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 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

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

THURSDAY, JANUARY 27, 2000

315

On the adoption of the amendment, the ayes were 82, nays The amendment was lost.

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

Y Davis, T Y Day N Dean Y DeLoach, B N DeLoach, G Y Dix
Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett E Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes 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
Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey E McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal
Orrock N Parham N Parrish Y Parsons

Pelote Y Pinholster
Poag Y Ponder N Porter Y Powell N Purcell N Ragas N Handall 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

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

On the adoption of the amendment, the ayes were 84, nays 85. The amendment was lost.

Representative Irvin of the 45th moved that the House reconsider its action in failing to adopt the Irvin amendment.

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

N Alien N Anderson Y 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 Y Buckner N Bulloch Y Bunn Y Burkhalter

Y Byrd Y Callaway Y Campbell Y Cash Y Channell

316
N Childers Clark
Y Coan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Cox N Crawford N Cummings Y Davis, M Y Davis, T Y Day N Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett E Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley

JOURNAL OF THE HOUSE

Y Hammontree N Manner 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
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
Lord Lucas

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

N Reaves N Reece N Reed Y Reese N Reichert Y Rice
Y Richardson N Roberts Y Rogers N Royal Y Sanders
Sauder Y Scarlett Y Scheid Y Scott N Shanahan
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 Y Smith, P N Smith, T Y Smith, V N Smyre

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

On the motion, the ayes were 80, nays 85. The motion was lost.

The following amendment was read:

Representative Teper of the 61st moves to amend the Floor substitute to HB 1182 as follows:
Strike all of Section 2 and renumber accordingly.

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

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

N Buck N Buckner N Bulloch
N Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash
Y 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 N Day Y Dean N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes

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

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

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

THURSDAY, JANUARY 27, 2000

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

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

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

317
N Taylor N Teague Y Teper
Tillman N Tolbert N 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 N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 25, nays 149. 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 Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel!
Childers Y Clark Y Coan Y Coleman, B

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

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

N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTvIeal N Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster YPoag Y Ponder N 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 N Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R

318
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow N Squires

JOURNAL OF THE HOUSE

Y Stallings Y Stancil
Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes N Stuckey

Y Taylor Y Teague
N Teper Y Tillman
Y Tolbert Y Trense 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 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Greene of the 158th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1153. By Representatives Rice of the 79th, Benefield of the 96th, Walker of the 141st and Murphy of the 18th:
A bill to amend Code Section 32-4-2 of the Official Code of Georgia Annotated, relating to official maps and records and rules and regulations of the Department of Transportation, so as to provide for an official list of those portions and features of the state highway system which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board; to amend Code Section 50-25-7 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority's sale of files of public information, receipt of data in electronic format from the public, and application of statutory restrictions on confidentiality to the authority, so as to provide an exception.

The report of the Committee, which was favorable to the 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
Dean
DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Y Ehrhart

Y Epps
Y Evans Y Everett E 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
E McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Y Mobley Y Morris Y Mosley
Y Mueller Y CWeal Y Orrock
Y Parham Y Parrish Y Parsons
Y Pelote Y Pinholster Y Poag 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

THURSDAY, JANUARY 27, 2000

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
league Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs

319
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 172, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Williams of the 83rd arose to a point of personal privilege and addressed the House.
The following Resolutions of the House were read and adopted:
HR 887. By Representatives Smith of the 175th and Ashe of the 46th: A resolution acknowledging the contributions of Senior Georgians; recognizing Senior Week at the Capitol.
HR 888. By Representative Teper of the 61st: A resolution recognizing and commending Home Depot for its environmental leadership.
HR 889. By Representatives Smith of the 175th and Dixon of the 168th: A resolution commending Judge Joe C. Strickland.
HR 890. By Representatives Taylor of the 134th, Stanley of the 49th, Sinkfield of the 57th, Mobley of the 69th and Hugley of the 133rd: A resolution recognizing Delta Sigma Theta and declaring February 14, 2000, as Delta Sigma Theta Day.
HR 891. By Representative Sholar of the 179th: A resolution honoring the life of Joseph Edward Ferrell, Sr., and expressing regret at his passing.
HR 892. By Representatives Smith of the 175th, Smith of the 169th and Dixon of the 168th: A resolution commending the Charlton County High School football team.
Representative Powell of the 23rd assumed the Chair.

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JOURNAL OF THE HOUSE

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

The Speaker assumed the Chair.

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

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1038 Do Pass, by Substitute HB 1181 Do Pass HB 1235 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 634 Do Pass, by Substitute HB 840 Do Pass, by Substitute
Respectfully submitted, /s/ Porter of the 143rd
Chairman

Pursuant to HR 841, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, February 1, 2000.

TUESDAY, FEBRUARY 1, 2000

321

Representative Hall, Atlanta, Georgia Tuesday, February 1, 2000

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

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

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

Crawford Cummings Davis, M
Davis, T DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Everett Felton Floyd Franklin Golick Greene Grindley Hammontree E Hanner Heckstall Hembree E Henson Holland Houston Howard Hudgens

E Hudson, H Hudson, N Jackson, B Jackson, L James Jennings Kaye Lane Lewis Lord Maddox Mann Manning Martin, J Martin, J.L McBee McCall
E McClinton Millar Mills Mobley Morris Mosley Mueller CTNeal Orrock

Parham Parrish Parsons Pelote Pinholster Ponder Powell Purcell Bandall Kay
Reed
Reichert Rice Richardson Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shipp

Sholar Skipper Smith, B Smith, C.W Smith, L Smith, L.R Smith, P Smith, V Snelling Stantil Stephens Stokes Teper Tillman Tblbert Turnquest Twiggs Unterman Walker, L West Westmoreland E Whitaker Wiles Williams, J Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Coan of the 82nd, Massey of the 86th, Jamieson of the 22nd, Yates of the 106th, Sims of the 167th, Walker of the 87th, Day of the 153rd, Watson of the 70th, Jones of the 71st, Poag of the 6th, McKinney of the 51st, Hegstrom of the 66th, Trense of the 44th, Harbin of the 113th, Williams of the 114th, Sinkfield of the 57th, Graves of the 125th, Stanley-Turner of the 50th, Shaw of the 176th, Evans of the 28th, Irvin of the 45th, Porter of the 143rd, Joyce of the 1st, Bunn of the 74th, Stuckey of the 67th, Squires of the 78th, Hugley of the 133rd, Smith of the 175th, Cash of the 108th, Roberts of the 162nd, Taylor of the 134th, Dean of the 48th, Heard of the 89th, Alien of the 117th, Dix of the 76th, Harrell of the 62nd, Teague of the 58th, Lucas of the 124th, Bordeaux of the 151st, Holmes of the 53rd, Smith of the 169th and Smyre of the 136th.
They wish to be recorded as present.
Prayer was offered by the Reverend Ken Adams, Pastor, Crossroads Baptist Church, Newnan, Georgia.

322

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.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1284. By Representatives Tillman of the 173rd, Murphy of the 18th, O'Neal of the 75th, Greene of the 158th, Kaye of the 37th and others: A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative findings and intent; to provide for execution by lethal injection for persons convicted of capital crimes committed after a specified date.
Referred to the Committee on Judiciary.
HB 1285. By Representatives Irvin of the 45th, Ehrhart of the 36th, Graves of the 125th, Snelling of the 99th, Stancil of the 16th and others: A bill to amend Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," so as to provide for the appointment of a taxpayers' pension advocate; to provide that such advocate's duties shall be to raise all possible factual and legal objections to the separation of the employee and the granting of involuntary separation benefits to such person.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 1, 2000

323

HB 1286. By Representatives Martin of the 145th, Parham of the 122nd, Parrish of

i

the 144th, Crawford of the 129th and Martin of the 47th:

?

A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno-

i:

tated, relating to unfair or deceptive acts or practices in consumer transac-

tions declared unlawful, so as to prohibit certain acts or practices concern-

ing noninsurance discount cards for health care related goods or services.

Referred to the Committee on Insurance.

HB 1287. By Representatives Mills of the 21st, Brooks of the 54th, Callaway of the 81st, Mann of the 5th, Bunn of the 74th and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include an amount equal to the amount of the federal Earned Income Credit which the taxpayer is authorized to claim and receive for federal income tax purposes.

January 24, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1287. This notice is made prior to or upon reading the bill the first time.

/s/ John Wiles Representative 34th District
Referred to the Committee on Ways & Means.
HB 1288. By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th, Manning of the 32nd, Parsons of the 40th and others: A bill to amend an Act creating the State Court of Cobb County, so as to add an additional judge to the second division of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1289. By Representatives Burkhalter of the 41st, Irvin of the 45th, Trense of the 44th, Campbell of the 42nd and Coleman of the 142nd: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal certain provisions relating to multiyear contracts of school systems; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal certain provisions relating to multiyear contracts of counties and municipalities and provide for additional restrictions upon certain multiyear and other contracts of counties, municipalities, and school systems.
Referred to the Committee on Education.

324

JOURNAL OF THE HOUSE

HB 1290. By Representatives Wix of the 33rd, Hudson of the 156th, Skipper of the 137th, Reichert of the 126th, Powell of the 23rd and others:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting.
Referred to the Committee on Industry.

HB 1291. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions.
Referred to the Committee on Ways & Means.

HB 1292. By Representatives Smith of the 103rd, Manning of the 32nd, Smith of the 109th, Martin of the 47th, Houston of the 166th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a child under certain circumstances; to provide for a short title; to provide for legislative intent; to provide for a definition; to provide for immunity from criminal prosecution in certain circumstances.
Referred to the Committee on Judiciary.

HB 1293. By Representatives Williams of the 114th, Harbin of the 113th and Connell of the 115th:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, so as to add to the list of crimes for which a child may be tried as an adult.
Referred to the Committee on Judiciary.

HR 881. By Representatives Whitaker of the 7th and Poag of the 6th: A resolution designating the Brett C. Dickey Bridge.
Referred to the Committee on Transportation.

HR 882. By Representatives Jackson of the 112th, Harbin of the 113th, Bailey of the 93rd and Williams of the 114th: A resolution designating the B. Edward Tankersley Memorial Bridge.
Referred to the Committee on Transportation.

HR 883. By Representative Smith of the 91st:
A resolution creating the House Study Committee on Limited Access for State Route 316/University Parkway.

TUESDAY, FEBRUARY 1, 2000

325

Referred to the Committee on Rules.
HR 884. By Representative Martin of the 145th: A resolution designating a portion of State Highway 17 as the "Robert C. Jones Memorial Highway".
Referred to the Committee on Transportation.

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

HB 1265 HB 1266 HB 1267 HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274 HB 1275 HB 1276 HB 1277

HB 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283 HR 874 HR 875 HR 876 HR 877 HR 878 HR 879

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:
HB 1273. By Representatives Buck of the 135th, Dixon of the 168th, Epps of the 131st, Stuckey of the 67th, Ashe of the 46th and others: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for a limit on the quantities of alcoholic beverages which an individual may possess and transport in this state if such alcoholic beverages were purchased in this state and the excise taxes were paid in this state; to authorize the direct shipment of wine to consumers in this state from outside this state upon obtaining a special order shipping license from the commissioner of revenue.
The motion prevailed.
Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 816 Do Pass

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JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Lane of the 146th
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 885 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1242 Do Pass HB 1259 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1259. By Representative Greene of the 158th: A bill to amend an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the chairperson and vice chairperson of the board of commissioners and their selection and terms; to change the provisions relating to the compensation of the chairperson and members of the board of commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreeid to.

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327

HB 1242. By Representatives Bulloch of the 180th and Sholar of the 179th:
A bill to provide for a homestead exemption from certain Thomas County ad valorem taxes, Thomas County and City of Thomasville School District ad valorem taxes, municipal ad valorem taxes, and ad valorem taxes for special district purposes in an amount equal to the amount of the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident of Thomas County.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

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

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

Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall E 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 Y Ragas Y Randall
Ray Y Reaves
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper
Smith, B Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
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
Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 147, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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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 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 302. By Senators Brown of the 26th, Kemp of the 3rd and Butler of the 55th:
A bill to amend Code Section 40-2-8.1 of the Official Code of Georgia Annotated, relating to the operation of a vehicle without a revalidation decal on the license plate, so as to provide that a person shall not be subject for the offense of failing to have the required revalidation decal affixed to the license plate of the vehicle such person is operating if it is proven that the proper revalidation decal had been obtained prior to the time of the offense.
HB 235. By Representative Twiggs of the 8th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to provide that a sheriff or employee of such officer shall be authorized to store for computer retrieval any or all records, dockets, books, indices, or files and to combine or consolidate any records, dockets, books, indices, or files in connection with the maintenance of any records required by law.

The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 150. By Representatives Westmoreland of the 104th, Jones of the 71st, Trense of the 44th and others:
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.
HB 151. By Representatives Westmoreland of the 104th, Jones of the 71st, Brown of the 130th 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.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

TUESDAY, FEBRUARY 1, 2000

329

SB 302. By Senators Brown of the 26th, Kemp of the 3rd and Butler of the 55th:
A bill to amend Code Section 40-2-8.1 of the Official Code of Georgia Annotated, relating to the operation of a vehicle without a revalidation decal on the license plate, so as to provide that a person shall not be subject for the offense of failing to have the required revalidation decal affixed to the license plate of the vehicle such person is operating if it is proven that the proper revalidation decal had been obtained prior to the time of the offense.
Referred to the Committee on Motor Vehicles.

Representative Buckner of the 95th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read:
HR 893. By Representatives Murphy of the 18th and Walker of the 141st:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Roy E. Barnes, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, February 3, 2000, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

On the adoption of the Resolution, 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

Y Bunn Y Burkhalter
Y Byrd E Callaway Y Campbell Y Cash

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

330
Y Cornell Cooper
Y Cox Y Crawford Y Cummings
Davis, M Y Davis, T Y Day
Dean Y DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree E Manner Y Harbin
Harrell

JOURNAL OF THE HOUSE

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

Y Martin, J Martin, J.L
Y Massey Y McBee Y McCall E McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Par ham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Handall
Ray Y Reaves Y Reece

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

Snow Y Squires Y Stallings Y Stancil
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 E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution was adopted.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 885. By Representative Smith of the 91st: A resolution commending the Oconee County High School Warriors football team and inviting the team and Coach Jeff Herron to appear before the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 894. By Representatives Richardson of the 26th and Murphy of the 18th: A resolution honoring Travis Tritt and inviting him to appear before the House of Representatives.
Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

TUESDAY, FEBRUARY 1, 2000

331

HB 1123. By Representatives Lane of the 146th, Floyd of the 138th, Royal of the 164th, Hudson of the 156th and Smith of the 169th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to provide for a statement of legislative purpose; to provide that it is the intent of the General Assembly to fund certain activities; to provide that it shall not be necessary to obtain a permit to burn leaf piles.

The following amendment was read and adopted:

Representative Lane of the 146th moves to amend HB 1123 on page 3, line 36, by inserting after the word "community" the following:
"; Provided further that the forgoing exception shall not apply to the burning of leaf or brush piles not necessary to accomplish the purposes of prescribed burning."

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 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 E Hanner Y Harbin
Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley 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 E McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTJeal 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 Hay 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 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 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 E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

332

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.

The Speaker Pro Tern assumed the Chair.
HR 756. By Representatives Stephens of the 150th, DeLoach of the 172nd, Lane of the 146th, Smith of the 169th, Mueller of the 152nd and others: A resolution designating the Tom Triplett Parkway.

The following substitute, offered by Representative Stephens of the 150th, was read and adopted:
A RESOLUTION
Designating the Tom Triplett Parkway; and for other purposes.
WHEREAS, Honorable Tom Triplett is currently serving with distinction as vice chairman of the State Transportation Board; and
WHEREAS, having first been elected to the board in 1993, he represents the First Congressional District; and
WHEREAS, he served as an outstanding member of the House of Representatives for 18 years, was chairman of the House Committee on Transportation for eight years, and was a knowledgeable and influential member of the Committees on Appropriations and Banks and Banking; and
WHEREAS, he served as mayor and councilman of the City of Port Wentworth and is a former member of the Board of Public Education for the City of Savannah and County of Chatham; and
WHEREAS, he is a native of Boone, North Carolina, and a graduate of Chilhowie High School and Bluefield College; and
WHEREAS, following four years of service to his country as a member of the United States Air Force, he had a long and distinguished career with C&S Bank in Savannah; and
WHEREAS, it is only fitting and proper that Honorable Tom Triplett be recognized for his exemplary record of public service to the citizens of this state.
NOW, THEREFORE, BE IT RESOLVED BY GENERAL ASSEMBLY OF GEORGIA that Georgia Highway 21 from its intersection with the corporate limits of Port Wentworth and Garden City to the corporate limits of the City of Rincon is designated the Tom Triplett Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such parkway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Tom Triplett and the Department of Transportation.

TUESDAY, FEBRUARY 1, 2000

333

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

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

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall E 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
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 Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 161, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 455. By Representatives Smith of the 169th, Coleman of the 142nd, Benefield of the 96th, Powell of the 23rd and Mosley of the 171st: A bill to amend Code Section 28-10-1 of the Official Code of Georgia Annotated, relating to creation and membership of the Georgia Rail Passenger Authority Overview Committee, so as to change certain provisions relating to number of members and appointment thereof.

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JOURNAL OF THE HOUSE

The following amendment was read and adopted:

Representatives Smith of the 169th and Benefield of the 96th move to amend HB 455 by striking lines 22 through 26 of page 1 and inserting in lieu thereof the following:
"Members of the committee shall be appointed by not later than July 1, 1086. Thereafter, their sucecaaora shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly; provided, however, that an appointment to fill any vacancy on the committee may be made at any time.'".

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

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

Y Alien Y Anderson Y Ashe Y Bailey
Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter YByrd E Callaway Y 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 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 E Banner Y Harbin Y Harrell Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings 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 E McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Eagas 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
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 E 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.

TUESDAY, FEBRUARY 1, 2000

335

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 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.

The report of the Committee, which was favorable to the 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 E Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jeukins 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 E 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 Y Ragas Y Randall
Y Ray Reaves
Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
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
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 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

336

JOURNAL OF THE HOUSE

HB 634. By Representatives Stanley of the 50th, West of the 101st, Cummings of the 27th, Martin of the 47th, Byrd of the 170th and others:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to change the provisions regarding qualifications for licenses.

The following Committee substitute was read and adopted: A BILL
To amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to change the provisions regarding qualifications for licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, is amended by striking Code Section 43-11-71, relating to qualifications for licenses, and inserting in its place the following:
"43-11-71.
No person shall be entitled to or be issued such license as set out in Code Section 4311-70 unless such person is at least 18 years of age, of good moral character, and a graduate of a aehool or college for dental hygieniata dental hygiene program recognized by the board and accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency which is operated by a school or college accredited by an institutional accrediting agency recognized by the United States Department of Education whose curriculum is at least two academic years of courses at the appropriate level and at the completion of which an associate or baccalaureate degree is awarded. Such school or college must conduct a course consisting of not leaa than two academic ycara for dental hygiene graduation."
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
Bunn Y Burkhalter Y Byrd Y Callaway

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

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

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

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

TUESDAY, FEBRUARY 1, 2000

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 E McClinton
Y McKirmey Y Millar
Y Mills Y Mobley Y Morris
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 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
Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T E Smith, V
Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P

337
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, Spin-

On the passage of the Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 380. By Representatives Franklin of the 39th, Joyce of the 1st and Davis of the 60th:
A resolution inviting Connecticut arms manufacturers to relocate to Georgia.

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
N Brooks Y Brown

Y Buck Y Buckner Y Bulloch Y Bunn
Y Burkhalter YByrd Y Callaway Y Campbell Y Cash
Y Channel! Y Childers Y Clark YCoan
Y Coleman, B Y Coleman, T

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

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

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

338
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 N Martin, J
Martin, J.L Y Massey
McBee Y McCall E McClinton

JOURNAL OF THE HOUSE

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

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

Y Taylor Y Teague N Teper
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 adoption of the Resolution, the ayes were 150, nays 6. 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.
HB 1181. By Representatives Parham of the 122nd, Graves of the 125th, Twiggs of the 8th, 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.

The report of the Committee, which was favorable to the 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

Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M Y Davis, T
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 E Banner Y Harbin Y Harrell

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens E 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
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall E McClinton Y McKinney Y Millar Y Mills Y Mobley

Y Morris Mosley
Y Mueller Y OTJeal Y Orrock Y Parham Y Parrish
Parsons Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell YRagas

TUESDAY, FEBRUARY 1, 2000

Y Randall
YRay 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 E Smith, V

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

339
Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 30. By Senators James of the 35th and Butler of the 55th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.
The following Committee substitute was read: A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools; to provide for suction hazard reduction; to provide for the applicability of said provisions; to provide for related matters; 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 "Michelle's Law."
SECTION 2.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end thereof a new Chapter 43 to read as follows:

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JOURNAL OF THE HOUSE

31-43-1.

"CHAPTER 43

The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools.
31-43-2.

As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, or motel pools and any pool to which access is granted in exchange for payment of a daily fee. This chapter shall not apply to a private pool serving a single family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist nor to therapeutic chambers drained, cleaned, and refilled after each individual use.
31-43-3.

(a) On or after July 1, 1999, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsibility of the new owner or lessee to secure a permit issued in his or her name.
(b) Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months.
31-43-4.

A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:
(1) The owner's name, address, and telephone number;
(2) The operator's name, address, and telephone number;
(3) The street address of the public swimming pool;
(4) The physical location of the public swimming pool;
(5) The type of public swimming pool;
(6) The construction date, if applicable;
(7) The proposed operating dates;
(8) The type of disinfection; and

TUESDAY, FEBRUARY 1, 2000

341

(9) The signature of the owner or a designated representative of the owner. 31-43-5.

Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31-433 and shall be in compliance with plans and data submitted in accordance with Code Section 31-43-4 and other data approved by the county board of health of the county in which each pool is located.
31-43-6.

A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation.
31-43-7.

Each public swimming pool shall be inspected by the county board of health to determine compliance with this chapter and with the rules and regulations adopted by the Department of Human Resources. Pools which open on or after April 1 and which close on or before October 31 shall be inspected at least once during the period of operation. All other pools shall be inspected at least twice a year.
31-43-8.

A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Human Resources.
31-43-9.

(a) The Department of Human Resources shall adopt and promulgate rules and regulations concerning the construction and operation of public swimming pools. The Department of Human Resources shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classification. The rules shall include requirements for:
(1) Submission and review of plans prior to construction;
(2) Application, review, expiration, renewal, and revocation or suspension of an operating permit;
(3) Inspection;
(4) Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards; and
(5) Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment, and sewage and other wastewater disposal.
Public swimming pools constructed or remodeled prior to July 1, 1999, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Department of Human Resources shall not be required to comply with design and construction requirements other than requirements related to the

342

JOURNAL OF THE HOUSE

abatement of suction hazards. Public swimming pools constructed or remodeled prior to July 1, 1999, shall comply with all other rules for public swimming pools adopted by the Department of Human Resources by July 1, 2002.
(b) No single drain, single-suction outlet public swimming pool shall be allowed to operate unless a protective cover is properly installed.
31-43-10.
Each county board of health and its duly authorized agents are authorized and empowered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the Department of Human Resources and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable manner.
31-43-11.
The provisions of this chapter shall not apply in any county where local rules and regulations governing public swimming pools are in effect on the effective date of this chapter, or in any county that has not adopted the provisions of this chapter by ordinance or resolution."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Holmes of the 53rd moves to amend the Committee substitute to SB 30 as follows:
Delete on p. 2, line 12 and on p. 4, lines 13 and 19 the date July 1, 1999 and substitute the date July 1, 2000.

Representatives Kaye of the 37th, Jackson of the 148th and Henson of the 65th move to amend the Committee substitute to SB 30 as follows:
Insert at end of line 10 page 2 before the period
"nor to religious ritual baths used solely for religious purposes."

Representative Coleman of the 142nd moves to amend the Committee substitute to SB 30 as follows:
By deleting on page 3 on line 30 through line 11 on page 4
All of Sub Sec (a)

The following amendment was read and lost:

TUESDAY, FEBRUARY 1, 2000

343

Representative Sauder of the 29th moves to amend the Committee substitute to SB 30 as follows:
On Page 2, Line 4, add the words "or hot tub" after the word pool.

Representative Sauder of the 29th moved that the House reconsider its action in failing to adopt the Sauder amendment.

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

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

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

Y Pelote Y Pinholster Y Poag
Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Reaves
Y Reece Y Reed Y Reese
Y Reichert Y Rice Y Richardson
Roberts
Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett
Y Scheid Y Scott
Shanahan Y Shaw Y Sbipp
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 E 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
N Teague Y Teper N 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 154, nays 4. The motion prevailed.

On the adoption of the Sauder 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
Benefield Y Birdsong

Y Bohannon
N 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 Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

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

344
Y Ehrhart YEpps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree E Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

JOURNAL OF THE HOUSE

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Jamieson
Jenkins Y Jennings
Jones
Y Joyce YKaye 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
E McClinton McKinney
Y Millar Y Mills

Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal
Y Orrock Parham Parrish
Y Parsons Y Pelote Y Pinholster
Poag Y Ponder
Porter Y Powell Y Purcell Y Ragas
Randall Y 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 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
E Smith, V Y Smyre Y Snelling
Y Snow Y Squires
Y Stallings

Y Stancil Stanley, P Stanley-Turner
Y Stephens Stokes
Y Stuckey Y Taylor N Teague Y Teper
YTillman Y Tblbert YTrense
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 amendment, the ayes were 148, nays 2. The amendment was adopted.

The following amendment was read:

Representative Callaway of the 81st moves to amend the Committee substitute to SB 30 as follows:
Insert Page 2 after line 19 paragraph (c)
A fee not to exceed $50.00, will be levied on applicant.

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

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

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

Y Davis, T Y Day N Dean Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon N Dodson N Dukes
Y Ehrhart N Epps
Y Evans N Everett
Felton
Y Floyd Y Franklin Y Golick Y Graves

Y Greene Y Grindley Y Hammontree
E 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 E Hudson, H
N Hudson, N

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

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

TUESDAY, FEBRUARY 1, 2000

N Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell
Purcell
N Bandall Y Ray Y Reaves N Reece N Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts

Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Y Scheid Y Scott N Shanahan Y Shaw N Shipp N Sholar
Y Sims Y Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W
N Smith, L

Y Smith, L.R N Smith, P N Smith, T
E Smith, V N Smyre Y Snelling Y Snow
Y Squires N Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague
N Teper

345
N Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson N West N Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 100, nays 62. The amendment was adopted.

The following amendment was read:

Representative Day of the 153rd moves to amend the Committee substitute to SB 30 as follows:
Pg 2, Line 6, after the words "... shall not apply to" add the words:
"apartment complex pools,".

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

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

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

Y Greene Y Grindley Y Hammontree
E 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 E Hudson, H N Hudson, N
N Hugley Y Irvin Y Jackson, B
N Jackson, L N James Y Jamieson Y Jenkins Y Jennings
Jones

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

N Pelote Y Pinholster
N Poag Y Ponder Y Porter
Powell N Purcell N Ragas
N Randall Y Ray
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
N Scott N Shanahan
N Shaw

346
N Shipp N Sholar Y Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

JOURNAL OF THE HOUSE

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

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

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

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

On the adoption of the amendment, the ayes were 81, nays 82. The amendment was lost.

Representative Day of the 153rd moved that the House reconsider its action in failing to adopt the Day amendment.

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

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

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

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

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

On the motion, the ayes were 97, nays 68. The motion prevailed.

TUESDAY, FEBRUARY 1, 2000

347

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

N Alien N Anderson N Aahe N Bailey Y Bannister Y Barnard N Barnes N Benefield Y Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks
Brown Y Buck N Buckner N Bulloch
Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channel! N 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 N Dean N DeLoach, B N DeLoach, G Y Dix Y Dixon N Dodson
Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves
Greene Y Grindley Y Hammontree E Hanner Y Harbin N Harrell N Heard Y Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Houston N Howard Y Hudgens E Hudson, H N Hudson, N

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

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

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

On the adoption of the amendment, the ayes were 90, nays 62. The amendment was adopted.

Representative Holmes of the 53rd moved that the House reconsider its action in adopting the Coleman amendment.

On the motion, 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
Brown N Buck
Buckner

N Bulloch Y Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash N Channell N Childers N Clark N Coan N Coleman, B N Coleman, T
Connell N Cooper N Cox N Crawford

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

N Franklin N Golick N Graves N Greene N Grindley N Hammontree E Hanner N Harbin N Harrell Y Heard N Heckstall N Hegstrom N Hembree N Henson N Holland Y Holmes N Houston

Howard N Hudgens E Hudson, H N Hudson, N Y Hugley N Irvin N Jackson, B Y Jackson, L N James N Jamieson N Jenkins N Jennings
Jones N Joyce N Kaye N Lane N Lewis

348
N Lord N Lucas N Maddox N Mann N Manning Y Martin, J N Martin, J.L N Massey N McBee N McCall E McClinton
McKinney N Millar N Mills Y Mobley N Morris N Mosley N Mueller N OTMeal

JOURNAL OF THE HOUSE

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

N Rice N 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 Y Sinkfieid N Skipper N Smith, B
Smith, C

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

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

On the motion, the ayes were 17, nays 139. The motion was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Y Barnes Y Benefield N Birdsong N Bohannon Y Bordeaux N Borders N Bridges Y Brooks
Brown N Buck Y Buckner Y Bulloch Y Bunn N Burkhalter Y Byrd Y Callaway Y Campbell N Cash N Channell Y Childers Y Clark N Coan N Coleman, B N Coleman, T
Connell N Cooper

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

Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens E Hudson, H Y Hudson, N Y Hugley Y 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 N Lord Y Lucas Y Maddox N Mann N Manning Y Martin, J N Martin, J.L N Massey Y McBee N McCall E McClinton

Y McKinney N Millar N Mills Y Mobley Y Morris N Mosley Y Mueller Y CWeal Y Orrock N Parham N Parrish Y Parsons Y Pelote N Pinholster
Poag Y Ponder N Porter Y Powell Y Purcell Y Ragas Y Randall N Ray N Reaves
Reece Y Reed N Reese Y Reichert N Rice Y Richardson
Roberts Y Rogers Y Royal

N Sanders Y Sauder N Scarlett N Scheid Y Scott Y Shanahan N Shaw Y Shipp Y Sholar Y Sims N Sinkfieid Y Skipper N Smith, B Y Smith, C Y Smith, C.W Y Smith, L N Smith, L.R Y Smith, P N Smith, T E Smith, V Y Smyre Y Snelling Y Snow N Squires Y Stallings N Stancil
Stanley, P Y Stanley-Turner
N Stephens Y Stokes Y Stuckey Y Taylor

Y Teague Y Teper Y Tillman N Tolbert

TUESDAY, FEBRUARY 1, 2000

N Trense Y Turnquest N Twiggs N Untennan

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

Y Westmoreland N Whitaker Y Wiles N Williams, J

349
N Williams, R Y Wix N Yates
Murphy, Spin-

the passage of the Bill, by substitute, as amended, the ayes were 95, nays 73.

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

The Speaker assumed the Chair.
HB 1235. By Representatives Childers of the 13th, McClinton of the 68th, Epps of the 131st, Smith of the 103rd, Smyre of the 136th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff.

The report of the Committee, which was favorable to the 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
Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

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

Y Hugley 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
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Y Massey McBee
Y McCall E McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts 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 E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y 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

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JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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 672. By Representatives Joyce of the 1st, Brooks of the 54th and Westmoreland of the 104th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for all offices.

Representative Williams of the 114th moved that HB 672 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 N Bailey N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks
Brown Y Buck N Buckner Y Bulloch Y Bunn Y Burkhalter N Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Clark N Coan N Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox N Crawford N Cummings N Davis, M

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

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

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

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

On the motion, the ayes were 85, nays 74. The motion prevailed.

TUESDAY, FEBRUARY 1, 2000

351

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1168 Do Pass
Respectfully submitted, /s/ Lord of 121st
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1157 Do Pass HB 1253 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman
Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1219 Do Pass, by Substitute
Respectfully submitted, 1st Parham of the 122nd
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

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JOURNAL OF THE HOUSE

Mr. Speaker:

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

HB 1134 Do Pass HB 1137 Do Pass

HB 1149 Do Pass HB 1159 Do Pass

Respectfully submitted, Isl Buck of the 135th
Chairman

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

WEDNESDAY, FEBRUARY 2, 2000

353

Representative Hall, Atlanta, Georgia Wednesday, February 2, 2000

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

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

Anderson Ashe Bannister
Barnard Barnes Benefield Birdsong Bohannon Borders
Bridges Brooks Brown Buckner Bunn Burkhalter
Byrd Callaway Campbell Cash Channell Childers
Clark Coleman, B Connell COT

Cummings Davis, M Davis, T DeLoach, B DeLoach, G Dixon Dodson Ehrhart E Evans Everett Felton
Franklin
Golick Grindley Hammontree E Hanner Harbin Hegstrom Hembree Holland Howard Hudgens E Hudson, H Hudson, N

Hugley Jackson, B Jackson, L James Jennings
Lewis Lord Lucas Mann Manning Martin, J.L McBee E McClinton McKinney Millar Mills Mosley Mueller OTSTeal Parham Parsons Pelote Pinholster Poag

Ponder Powell Purcell Randall Ray Reaves
Reese Rice Richardson Royal Sanders Sauder Scarlett Scheid Scott Shanahan Sholar Skipper Smith, B Smith, L Smith, L.R Smith, P Smith, T

Smith, V Snelling S tailings Stancil Stanley-Turner Stephens E Stokes Taylor E Teague Teper Tillman Tolbert Trense Unterman Walker, L Watson West Westmoreland Whitaker Wiles Williams, R
Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Day of the 153rd, Twiggs of the 8th, Reichert of the 126th, Kaye of the 37th, Maddox of the 72nd, Graves of the 125th, Alien of the 117th, Jenkins of the 110th, Houston of the 166th, Crawford of the 129th, Lane of the 146th, Rogers of the 20th, Porter of the 143rd, Roberts of the 162nd, Snow of the 2nd, Fairish of the 144th, Jamieson of the 22nd, Sims of the 167th, Heard of the 89th, Bailey of the 93rd, Reed of the 52nd, Massey of the 86th, Coan of the 82nd, Walker of the 87th, Irvin of the 45th, Greene of the 158th, Shaw of the 176th, Floyd of the 138th, Bulloch of the 180th, Squires of the 78th, Stuckey of the 67th, Turnquest of the 73rd, Smith of the 175th, Dukes of the 161st, Holmes of the 53rd, Smith of the 19th, Shipp of the 38th, Ragas of the 64th, Williams of the 83rd, Jones of the 71st, McCall of the 90th, Bordeaux of the 151st, Mobley of the 69th, Smyre of the 136th, Orrock of the 56th, Dix of the 76th, Cooper of the 31st, Joyce of the 1st and Henson of the 65th.
They wish to be recorded as present.
Prayer was offered by the Reverend Ron Spillers, Pastor, Rock Baptist Church, Rex, Georgia.

354

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 1294. By Representatives Teper of the 61st, Smith of the 12th and Shanahan of the 10th: A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that a judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference.
Referred to the Committee on Special Judiciary.
HB 1295. By Representatives McBee of the 88th, Hudgens of the 24th and Heard of the 89th: A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to failure to attach and display a mobile home location permit decal and venue for prosecution, so as to provide for prosecution of violations in municipal courts.
Referred to the Committee on Ways & Means.
HB 1296. By Representatives Jamieson of the 22nd, Royal of the 164th and Skipper of the 137th: A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as

WEDNESDAY, FEBRUARY 2, 2000

355

to provide for additional grounds for removal of members of county boards of tax assessors; to provide for performance review of such boards; to provide for selection, qualification, powers, and duties of members of performance review boards.
Referred to the Committee on Ways & Means.

HB 1297. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd, Smith of the 102nd, Hugley of the 133rd and others:
A bill to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, so as to change certain provisions regarding the establishment of tax and service districts; to change certain provisions regarding the levy and collection of ad valorem taxes within such districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1298. By Representatives Smith of the 12th, Childers of the 13th and Reece of the llth:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to repeal the provisions relating to the manner of filling vacancies on the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1299. By Representatives Crawford of the 129th, Jenkins of the 110th and Martin of the 47th:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to clarify the provisions relating to oral scientific reports; to change the time for allowing inspection of certain defendant's reports of physical or mental examinations and scientific tests or experiments.
Referred to the Committee on Special Judiciary.

HB 1300. By Representatives Stokes of the 92nd and Martin of the 47th: 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 change the provisions relating to the confidentiality of raw research data.
Referred to the Committee on Judiciary.

HB 1301. By Representative Benefield of the 96th:
A bill to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for an alternate transportation modes program; to provide for an alternate transportation modes acquisition fund in support of such program; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for license plates promoting the alternate transportation modes program.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE

HB 1302. By Representative Benefield of the 96th: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of certain records is not required, so as to change certain provisions relating to real estate acquisition, engineers' cost estimates, and bid proposals.
Referred to the Committee on Transportation.

HB 1303. By Representative Benefield of the 96th: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, so as to authorize use of tax proceeds for capital outlay projects consisting of certain transportation facilities.
Referred to the Committee on Ways & Means.

HB 1304. By Representative Benefield of the 96th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to provide for the indemnification of state highway employees with respect to death or permanent disability; to change certain provisions relating to definitions of terms; to provide for the inclusion of certain persons in the Georgia State Indemnification Commission.
Referred to the Committee on Transportation.

HB 1305. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to provide an exemption from Catoosa County School District ad valorem taxes up to $75,000.00 on the value of the homestead of residents of that county who are totally disabled and whose annual net income does not exceed $14,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1306. By Representatives Davis of the 132nd, Jamieson of the 22nd, Taylor of the 134th, Smyre of the 136th and Buck of the 135th:
A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school".

2/1/2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1306. This notice is made prior to or upon reading the bill the first time.

/s/ Tommy Davis Representative 132nd District

WEDNESDAY, FEBRUARY 2, 2000

357

Referred to the Committee on Education.
HB 1307. By Representatives Stallings of the 100th, West of the 101st and Borders of the 177th: A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to provide requirements for disclosure of the condition of property with respect to the transfer of certain real property containing housing; to provide for disclosure by the owner of such property or by other designated persons; to provide a form for the report of disclosures.
Referred to the Committee on Judiciary.
HB 1308. By Representatives Ashe of the 46th, Stuckey of the 67th, Murphy of the 18th, Jamieson of the 22nd, Irvin of the 45th and others: A bill to enact the "Equity in Sports Act"; to provide for a short title; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit discrimination based on gender in elementary and secondary school athletic programs.
Referred to the Committee on Judiciary.
HB 1309. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to provide an exemption from Catoosa County ad valorem taxes for county purposes up to $75,000.00 of the value of the homestead of residents of that county who are totally disabled and whose annual net income does not exceed $14,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1310. By Representatives Jenkins of the 110th, Buck of the 135th and Royal of the 164th: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to change certain provisions regarding contents of reports and distributions by collecting officers.
Referred to the Committee on Ways & Means.
HB 1311. By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd: A bill to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the licensing of nongovernmental search and rescue dog teams; to prohibit the performance of any rescue or emergency management activity by such nongovernmental search and rescue dog teams unless licensed.
Referred to the Committee on Public Safety.

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JOURNAL OF THE HOUSE

HB 1312. By Representative Martin of the 47th: A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshall of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1313. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of the 161st: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the OneGeorgia Authority.
Referred to the Committee on Appropriations.

HB 1314. By Representatives Holmes of the 53rd, Hudson of the 120th and Watson of the 70th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to specify the General Assembly's intent; to change the functions of the state merit system; to provide that each agency shall develop an annual work force plan according to state-wide criteria and guidelines; to change definitions; to provide for participation of unclassified employees in certain programs.
Referred to the Committee on Governmental Affairs.

HR 895. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, James of the 140th, Jenkins of the 110th and others:
A resolution urging the Federal Watershed Nutrient Task Force to write an action plan based on the many voluntary, incentive based measures successfully initiated by farmers.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 896. By Representatives Stanley of the 50th, Stanley of the 49th, Sinkfield of the 57th, Jamieson of the 22nd, Mobley of the 69th and others: A resolution creating the Commission on Psychiatric Medication of SchoolAge Children.
Referred to the Committee on Rules.

HR 897. By Representatives Scarlett of the 174th and Tillman of the 173rd: A resolution designating a portion of state route 25 in the City of Brunswick as the "Paul Warwick, Jr., Memorial Highway".
Referred to the Committee on Transportation.

HR 898. By Representative Benefield of the 96th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty.

WEDNESDAY, FEBRUARY 2, 2000

359

Referred to the Committee on Transportation.
HR 899. By Representative Benefield of the 96th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an alternate transportation modes acquisition fund, for allocation and dedication of certain revenue to such fund, and that moneys paid into such fund shall not lapse.
Referred to the Committee on Transportation.

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

HB 1284 HB 1285 HB 1286 HB 1287 HB 1288 HB 1289 HB 1290 HB 1291

HB 1292 HB 1293 HR 881 HR 882 HR 883 HR 884 SB 302

Pursuant to Rule 52, Representative Wiles of the 34th moved that the following Bill of the House be engrossed:
HB 1287. By Representatives Mills of the 21st, Brooks of the 54th, Callaway of the 81st, Mann of the 5th, Bunn of the 74th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include an amount equal to the amount of the federal Earned Income Credit which the taxpayer is authorized to claim and receive for federal income tax purposes.
The motion prevailed.
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 844 Do Pass HR 894 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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JOURNAL OF THE HOUSE

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

Mr. Speaker:

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

HB 1267 Do Pass HB 1271 Do Pass

HB 1282 Do Pass HB 1283 Do Pass

Respectfully submitted, Isl Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1192 Do Pass, by Substitute HR 621 Do Pass HR 849 Do Pass
Respectfully submitted, Isl Benefield of the 96th
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 272 Do Pass, by Substitute
Respectfully submitted, Isl Buck of the 135th
Chairman

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361

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 2, 2000

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this llth Legislative Day as enumerated below:

HB 468 HB 840 HB 999 HB 1158 HB 1260 HB 1262

Georgia Radio Utility Act; repeal Ga Military College; funding through Tech & Adult Ed Teachers Retirement; membership; amend provisions Probate courts; certain judges; appointment as senior judge Elections Code; corrections Code of Georgia; corrections

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 1267. By Representatives Mueller of the 152nd, Pelote of the 149th, Stephens of the 150th and Day of the 153rd:
A bill to provide that the tax commissioner of Chatham County shall retain a specified percentage of educational funds collected by said officer and remit the same to the governing authority of Chatham County to reimburse the county for the cost of collecting school taxes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1271. By Representatives Mills of the 21st, Smith of the 19th and Tolbert of the 25th:
A bill to amend an Act providing a homestead exemption from Hall County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $12,000.00 and who are 62 years of age or over so as to increase the exemption amount to $30,000.00 of the assessed value of the homestead for such residents and increase the income limitation to $14,000.00.

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

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HB 1282. By Representative Poag of the 6th:
A bill to amend an Act creating the office of commissioner of Murray County, approved March 20, 1939, as amended, particularly by an Act approved April 16, 1999, which 1999 Act provided for a referendum election with respect to reconversion of the board of commissioners to a sole commissioner form of government, so as to change provisions relating to the compensation of the chairperson in the board of commissioners form of government for Murray County.

The following substitute, offered by Representative Poag of the 6th, was read and adopted:
A BILL
To amend an Act creating the office of commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4345), which 1999 Act provided for a referendum election with respect to reconversion of the board of commissioners to a sole commissioner form of government, so as to change provisions relating to the compensation and powers of the chairperson in the board of commissioners form of government for Murray County; to provide for related matters; to provide for a conditional effective date contingent on the results of said referendum election; 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 Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4345), which 1999 Act provided for a referendum election with respect to reconversion of the board of commissioners to a sole commissioner form of government, is amended by striking in its entirety Section 2 (as set out in Section 3-2 of said 1999 amendatory Act) and inserting in place thereof the following:
"SECTION 2.
The chairperson shall receive a salary of $3,600.00 per annum, payable in equal monthly installments from funds of Murray County. The chairperson shall preside at all meetings of the board and shall be a full voting member of the board for all purposes, but the chairperson shall not have any veto power. The chairperson shall call meetings of the board on his or her initiative or as requested by a majority of the members of the board. The chairperson shall also appoint members and chairpersons of all committees of the board. The chairperson shall be recognized as the official head of Murray County by state, federal, and other authorities for all purposes including military and ceremonial functions."
SECTION 2.
Section 1 of this Act shall become effective at the same time that Part 3 of the amendatory Act approved April 16, 1999 (Ga. L. 1999, p. 4345), becomes effective, except Section 1 of this Act shall not become effective if Part 2 of the amendatory Act approved April 16, 1999 (Ga. L. 1999, p. 4345), is approved by the voters at the referendum election provided for in Section 4-1 of said Act. If Part 2 of said amendatory Act is so approved by the voters, the provisions intended to be amended by this Act shall not become effective and this Act therefore also shall not become effective.

WEDNESDAY, FEBRUARY 2, 2000

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

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
HB 1283. By Representative Greene of the 158th: A bill to provide a new charter for the City of Coleman.

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

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Joyce YKaye 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 Parrish Y Parsons

Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell YRagas
Randall YHay Y Reaves Y Reece Y 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 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
Stanley, P Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y TYJbert
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 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.

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The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 1218. By Representatives Powell of the 23rd and Jamieson of the 22nd: A bill to amend an Act creating a new Board of Commissioners of Franklin County, so as to provide that the office of chairperson shall be a part-time position; to provide for one mandatory monthly meeting of the board of commissioners; to change the method of filling vacancies on the board; to change the provisions relating to the compensation of the chairperson and members of the board.
The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 331. By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd and others: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the provisions relating to the sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket.
HB 597. By Representatives Hammontree of the 4th and Shanahan of the 10th: A bill to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 893. By Representatives Murphy of the 18th and Walker of the 141st: A resolution calling a joint session of the House of Representatives and the Senate for a purpose of hearing a message from the Governor, inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session.
HR 888. By Representative Teper of the 61st: A resolution recognizing and commending Home Depot for its environmental leadership.

WEDNESDAY, FEBRUARY 2, 2000

365

Representative Hegstrom of the 66th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Insurance and referred to the Committee on Judiciary:
HB 1286. By Representatives Martin of the 145th, Parham of the 122nd, Parrish of the 144th, Crawford of the 129th and Martin of the 47th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 844. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th: A resolution commending the Sprayberry family and inviting them to appear before the House of Representatives.
HR 894. By Representatives Richardson of the 26th and Murphy of the 18th: A resolution honoring Travis Tritt and inviting him to appear before the House of Representatives.

Representative Cummings of the 27th moved that HB 999 be postponed until Friday, February 4, 2000.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 840. By Representatives Royal of the 164th, Jamieson of the 22nd, Coleman of the 142nd, Hudson of the 156th, Porter of the 143rd and others:
A bill to amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding Georgia Military College, so as to provide for the appropriation of funds designated for Georgia Military College through the Department of Technical and Adult Education and for the oversight of such funds by the Board of Technical and Adult Education.

The following Committee substitute was read and adopted: A BILL
To amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding the Georgia Military College, so as to provide for the appropriation of funds designated for Georgia Military College through the Department of Technical and Adult Education as well as

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JOURNAL OF THE HOUSE

the Board of Regents of the University System of Georgia; to provide for the submission of certain documents by the Georgia Military College to such department or board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding the Georgia Military College, is amended by striking in its entirety Code Section 20-3-561, relating to the authority of the Board of Trustees of the Georgia Military College, and inserting in lieu thereof a new Code Section 20-3-561 to read as follows:
"20-3-561.

The government, control, and management of the Georgia Military College shall be vested in the Board of Trustees of the Georgia Military College. The Georgia Military College shall receive any designated funds appropriated by the General Assembly through the State Board of Regents of the University System of Georgia or the Department of Technical and Adult Education. In the budgeting and expenditure of such designated funds, the Board of Trustees of the Georgia Military College shall provide annually to the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education copies of budgetary requests submitted by the Georgia Military College to the Office of Planning and Budget and copies of audit reports concerning the expenditure of such funds. Nothing in this Code section shall be construed to diminish the authority of the elected Board of Trustees of the Georgia Military College over budgetary management and expenditure of such designated funds in compliance with other provisions of state law."
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
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
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 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 E Hanner Y Harbin
Harrell

Y Heard Heckstall
Y Hegstrom Y Hembree
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 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

WEDNESDAY, FEBRUARY 2, 2000

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

Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
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
E Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert

367
Y Trense 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 passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Walker of the 141st assumed the Chair.
HB 468. By Representatives Reichert of the 126th and Hudson of the 156th: A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal certain provisions relating to radio common carriers.

The report of the Committee, which was favorable to the 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 Coleman, T
Y Connell Cooper
Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

Y Hammontree E Hanner 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 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 Lev/is 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 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
Sinkfield Y Skipper

368
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 Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner

Y Stephens E Stokes Y Stuckey Y Taylor E 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Millar of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1158. By Representatives Jenkins of the 110th, Stuckey of the 67th, Murphy of the 18th, Holland of the 157th and Smith of the 109th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for appointment as senior judges certain judges of probate courts; to provide that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B
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 Dixen 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 E 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
Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey

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

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

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

WEDNESDAY, FEBRUARY 2, 2000

E 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 Y Whitaker Y Wiles

369
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.

HB 1260. By Representatives Martin of the 47th and Alien of the 117th:

A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.

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

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

Y Alien Y Anderson Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges
Y Brooks Y Brown
Y Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell
Y Cash Y Channell 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 YDay
Dean Y DeLoach, B Y DeLoach, G YDix
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
E 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
YKaye 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
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 E Rogers
Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid

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

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Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

Walker, L Y Walker, R.L Y Watson

Y West Y Westmoreland Y Whitaker

Y Wiles Williams, J
Y Williams, R

Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1262. By Representatives Martin of the 47th and Alien of the 117th: A bill to amend of 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 amendment was read and adopted:

Representative Martin of the 47th moves to amend HB 1262 by striking lines 11 through 18 of page 4 and be redesignating paragraphs (14) through (17) as paragraphs
(13) through (16), respectively.

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

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

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

Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree E 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
Jamieson Y 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 Masaey

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 Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Heichert Y Rice

Y Richardson Y Roberts E Rogers Y Royal Y Sanders Y Sauder
Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Skipper Y Smith, B Smith, C Y Smith, C.W Y Smith, L Y Smith, L.H Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Stanley, P

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

WEDNESDAY, FEBRUARY 2, 2000

E 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

371
Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

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.
Representatives Scarlett of the 174th 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.
The following Resolution of the House was read:
HR 900. By Representatives Hegstrom of the 66th, Murphy of the 18th, Skipper of the 137th, Walker of the 141st, Twiggs of the 8th and others: A resolution urging the Congress of the United States and the United States Nuclear Regulatory Commission to conduct a comprehensive reassessment of terrorism and sabotage attacks against shipments of spent nuclear fuel and high level radioactive wastes.
By unanimous consent, HR 900 was postponed until Thursday, February 3, 2000.
The following Resolutions of the House were read and adopted:
HR 901. By Representatives Ray of the 128th and James of the 140th: A resolution commending the Georgia Peach Festival.
HR 902. By Representatives Heckstall of the 55th, Holmes of the 53rd, Roberts of the 162nd, Dean of the 48th and McKinney of the 51st: A resolution recognizing Honorable Dick Lane.
HR 903. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A resolution commending Alex Crumbley.
HR 904. By Representatives Smith of the 109th and Jenkins of the 110th: A resolution commending Carmen Westerfield.
HR 905. By Representatives Cummings of the 27th, Bailey of the 93rd, Jackson of the 112th, Powell of the 23rd, Lewis of the 14th and others: A resolution recognizing the month of May, 2000, as "Motorcycle Awareness and You Month" in Georgia.

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JOURNAL OF THE HOUSE

HR 906. By Representative Murphy of the 18th:
A resolution commending the Georgia Funeral Directors Association on its 100th anniversary.

HR 907. By Representatives Ray of the 128th and James of the 140th:
A resolution commending the "Shakers" of Fort Valley Middle School and recognizing February 14 as "Earthquake Awareness Day" at the Capitol.

HR 908. By Representatives Hudgens of the 24th and McBee of the 88th: A resolution paying tribute to Professor John William Firor, Sr.

HR 909. By Representative Campbell of the 42nd: A resolution honoring Zachary W. Henderson.

HR 910. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution commending Brittany Becerra.

HR 911. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution commending Khaleela Turay.

HR 912. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution commending Coach Carol Henry.

HR 913. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution congratulating COMDOC Business Systems.

HR 914. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution congratulating Jackson Printing.

HR 915. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution congratulating Monroe Marketing.

HR 916. By Representative Childers of the 13th: A resolution expressing regret at the passing of Dr. Gloria Shatto.

HR 917. By Representative Childers of the 13th: A resolution commending Dr. N. Gordon Carper.

HR 918. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution congratulating Magnolia Place Inn.

WEDNESDAY, FEBRUARY 2, 2000

373

HR 919. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution congratulating North Beach Grill.

HR 920. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution congratulating the University of Georgia Small Business Development Center.

HR 921. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd and Jackson of the 148th:
A resolution congratulating Zanzares Restaurant.

HR 922. By Representatives Day of the 153rd, Stephens of the 150th, Mueller of the 152nd, Martin of the 145th, Byrd of the 170th and others:
A resolution congratulating Simons and Associates Political Consulting.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 923. By Representatives Holmes of the 53rd, McKinney of the 51st, Brooks of the 54th, Stanley of the 50th and Reed of the 52nd: A resolution honoring Dwayne Vaughn, the recipient of the 1999 Georgia Occupational Award of Leadership, and inviting him to appear before the House of Representatives.
HR 924. By Representative Byrd of the 170th: A resolution commending the Appling County Comprehensive High School Lady Pirate softball team and inviting the team and coaches to appear before the House of Representatives.
HR 925. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Graves of the 125th, Birdsong of the 123rd and others: A resolution welcoming citizens and public officials from Macon and Bibb County, observing March 1, 2000, as Macon Day, and inviting certain officials and dignitaries from the Macon/Bibb County area to appear before the House of Representatives.
HR 926. By Representatives Taylor of the 134th, Stanley of the 49th, Mobley of the 69th, Sinkfield of the 57th, Hugley of the 133rd and others: A resolution recognizing Delta Sigma Theta and declaring February 14, 2000, as Delta Sigma Theta Day; and inviting representatives to appear before the House of Representatives.

Representative Buck of the 135th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Thursday, February 3, 2000

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 Benefield Birdsong
Bohannon Borders Bridges Brooks Brown Buck Bulloch
Byrd Callaway Campbell Cash
Channel! Childers Clark Coleman, B
Connell Cox Crawford Cummings Davis, M

Davis, T Day DeLoach, B DeLoach, G Dixon Dodson Everett Felton Floyd Franklin Golick Greene Grindley E Manner Harbin Heard Heckstall Hembree Holland Houston Hudgens Hudson, H Hudson, N Hugley

Jackson, L Jennings Lane Lewis Lord Lucas Mann Martin, J Martin, J.L McBee McClinton Millar Mills Mobley
Morris
Mosley Mueller Cmeal Orrock Parsons Pelote
Pinholster
Ponder Powell

Purcell Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts E Rogers Royal Sanders Sauder Scarlett Scott Shaw Sholar Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling Snow Stephens Stokes Stuckey E Teague Teper Tillman Tolbert Trense Unterman Walker, L Watson West Westmoreland Whitaker Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Stancil of the 16th, Evans of the 28th, Poag of the 6th, Sims of the 167th, Coan of the 82nd, Massey of the 86th, Jackson of the 112th, Stanley of the 49th, Jamieson of the 22nd, Buckner of the 95th, Porter of the 143rd, Turnquest of the 73rd, Dukes of the 161st, Walker of the 87th, Dix of the 76th, Stanley-Turner of the 50th, Randall of the 127th, Scheid of the 17th, Jones of the 71st, Parham of the 122nd, Ragas of the 64th, Squires of the 78th, Maddox of the 72nd, Burkhalter of the 41st, Coleman of the 142nd, Parrish of the 144th, Smyre of the 136th, Holmes of the 53rd, Graves of the 125th, Cooper of the 31st, Kaye of the 37th, Howard of the 118th, Bailey of the 93rd, Sinkfield of the 57th, Irvin of the 45th, Bunn of the 74th, Bordeaux of the 151st and Henson of the 65th.
They wish to be recorded as present.
Representative Shanahan of the 10th was excused due to illness.
Prayer was offered by the Reverend Bobby Harrell, Pastor, First Baptist Church of Leesburg, Leesburg, Georgia.

THURSDAY, FEBRUARY 3, 2000

375

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 of the House were introduced, read the first time and referred to the committees:
HB 1315. By Representatives Irvin of the 45th, Campbell of the 42nd, Graves of the 125th, Snelling of the 99th and Stancil of the 16th: A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to provide for legislative intent; to provide for quarterly reports of state departments to standing committees of the General Assembly and for responses to inquiries by such committees.
Referred to the Committee on Appropriations.
HB 1316. By Representative Jamieson of the 22nd: A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to prohibit any annexation across county boundaries.
Referred to the Committee on State Planning & Community Affairs.
HB 1317. By Representative Jamieson of the 22nd: A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to application of 100 percent of landowners, so as to restrict such annexation across county lines by certain municipal corporations with independent school systems.

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JOURNAL OF THE HOUSE

Referred to the Committee on State Planning & Community Affairs.

HB 1318. By Representative Jamieson of the 22nd: A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to prohibit any annexation across county boundaries except under certain circumstances.
Referred to the Committee on State Planning & Community Affairs.

HB 1319. By Representative Jamieson of the 22nd:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation pursuant to application of 100 percent of landowners, so as to restrict such annexation across county lines by municipal corporations with independent school systems.
Referred to the Committee on State Planning & Community Affairs.

HB 1320. By Representatives Jackson of the 112th, DeLoach of the 119th, Grindley of the 35th, Poag of the 6th, Bailey of the 93rd and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to noncommercial fishing, so as to change the provisions relating to fishing with bow and arrow; to authorize the taking of channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of bow and arrow under certain conditions.
Referred to the Committee on Game, Fish & Parks.

HB 1321. By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts.
Referred to the Committee on State Planning & Community Affairs.

HB 1322. By Representatives Squires of the 78th and Unterman of the 84th: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia.
Referred to the Committee on Game, Fish & Parks.

HB 1323. By Representatives Hugley of the 133rd, Hudson of the 156th, Murphy of the 18th, Smith of the 91st, Parsons of the 40th and others:
A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, so as to provide for additional grounds for refusing to register or for disciplining an athlete agent, including prohibited contacts with an athlete, accepting as a client an athlete referred by an employee of an institution of higher educa-

THURSDAY, FEBRUARY 3, 2000

377

tion in exchange for consideration, offering anything of value to induce an athlete to enter into an agent contract, or postdating an agent contract.
Referred to the Committee on Industry.

HB 1324. By Representatives Sims of the 167th, McBee of the 88th, Parham of the 122nd, Channell of the lllth, Porter of the 143rd and others: A bill to amend Code Section 32-4-23 of the Official Code of Georgia Annotated, relating to the Council on Rural Transportation and Economic Development, so as to authorize activities of the council through March 31, 2002.
Referred to the Committee on Transportation.

HB 1325. By Representatives Williams of the 114th and Lord of the 121st:
A bill to amend Chapter 41 of Title 33 of the Official Code of Georgia Annotated, relating to captive insurance companies, so as to provide for taxicab captive insurance company capital or surplus requirements; 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 motor vehicle selfinsurers.
Referred to the Committee on Insurance.

HB 1326. By Representatives Holland of the 157th, Jenkins of the 110th, Crawford of the 129th and Teper of the 61st:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil actions in the magistrate's court, so as to provide that the assignee of an obligation may bring an action only on behalf of the original obligee.
Referred to the Committee on Judiciary.

HB 1327. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance.

February 3, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1327. This notice is made prior to or upon reading the bill the first time.

/si Jenkins Representative 110th District
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE

HB 1328. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide an income tax credit for expenses of private driver education for minor dependent children of taxpayers.
February 3, 2000
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1328. This notice is made prior to or upon reading the bill the first time.
Isl Jenkins Representative 110th District
Referred to the Committee on Ways & Means.
HB 1329. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include income which consists of disaster funds, assistance, or benefits received or recovered from GEMA or FEMA; to provide for a tax credit with respect to certain disaster assistance.
February 3, 2000
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1329. This notice is made prior to or upon reading the bill the first time.
Isl Jenkins Representative 110th District
Referred to the Committee on Ways & Means.
. HB 1330. By Representative Connell of the 115th: 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 qualified child care expenses.

THURSDAY, FEBRUARY 3, 2000

379

Referred to the Committee on Ways & Means.

HR 927. By Representatives Cox of the 105th, Westmoreland of the 104th, Benefield of the 96th, Murphy of the 18th, Irvin of the 45th and others: A resolution designating a portion of state route 54 in Fayette County as the "Paul Heard Highway".
Referred to the Committee on Transportation.

HR 928. By Representatives Bulloch of the 180th and Sholar of the 179th: A resolution honoring the life of Marguerite Neel Williams and designating the Marguerite Neel Williams Memorial Highway.
Referred to the Committee on Transportation.

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

HB 1294 HB 1295 HB 1296 HB 1297 HB 1298 HB 1299 HB 1300 HB 1301 HB 1302 HB 1303 HB 1304 HB 1305 HB 1306

HB 1307 HB 1308 HB 1309 HB 1310 HB 1311 HB 1312 HB 1313 HB 1314 HR 895 HR 896 HR 897 HR 898 HR 899

Pursuant to Rule 52, Representative Davis of the 132nd moved that the following Bill of the House be engrossed:
HB 1306. By Representatives Davis of the 132nd, Jamieson of the 22nd, Taylor of the 134th, Smyre of the 136th and Buck of the 135th: A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school".
The motion prevailed.

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

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

380

JOURNAL OF THE HOUSE

HB 646 Do Pass, by Substitute

Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1184 Do Pass
Respectfully submitted, /s/ Smith of the 109th
Chairman

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

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 905 Do Pass HB 1229 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1188 Do Pass

THURSDAY, FEBRUARY 3, 2000

381

Respectfully submitted, Isl Jenkins of the 110th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 3, 2000

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 12th Legislative Day as enumerated below:

HB 453 HB 1134 HB 1137 HB 1157 HB 1159 HB 1219 HB 1221

Judges of the Probate Courts Ret; senior judge; right of benefit Income tax credit; certain transportation fringe benefits Revenue Code; conform to federal law Probate courts; cert interest-bearing accts; indigent defense Income tax; taxable net; retirement income exclusion Property insurance provisions; heavy equipment dealers Water service; 4 or more residential units; charge tenants

HR 816 Gray's Reef; public access; urge plan to continue

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, Isl Smyre of the 136th
Chairman

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

Mr. Speaker:

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

HB 805. By Representatives Connell of the 115th, Alien of the 117th, DeLoach of the 119th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that such officials shall be entitled to receive a travel allowance and reasonable expenses; to change certain provisions relative to the salary of state court judges.

382

JOURNAL OF THE HOUSE

SB 307. By Senators Hecht of the 34th, Starr of the 44th, Kemp of the 3rd and others:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate mercantile establishments within 72 hours is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties.

SB 338. By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and Harbison of the 15th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the service of citations for the trial of ordinance violations and deposit account fraud in magistrate courts and the filing of copies with the court.

SB 339. By Senators Scott of the 36th, Egan of the 40th, Tate of the 38th and others:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to authorize utilization of the declaration of taking method of eminent domain for sewage treatment and disposal system purposes; to provide for related matters.

SB 348. By Senators Lee of the 29th and Kemp of the 3rd:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to change provisions regarding criminal penalty for excessive interest to ensure such penalties do not apply to pawnbrokers; to provide for related matters.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 307. By Senators Hecht of the 34th, Starr of the 44th, Kemp of the 3rd and others: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate mercantile establishments within 72 hours is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties.
Referred to the Committee on Special Judiciary.
SB 338. By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and others: A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the service of citations for the trial of ordinance violations and deposit account fraud in magistrate courts and the filing of copies with the court.
Referred to the Committee on Special Judiciary.

THURSDAY, FEBRUARY 3, 2000

383

SB 339. By Senators Scott of the 36th, Egan of the 40th, Tate of the 38th and others: A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to authorize utilization of the declaration of taking method of eminent domain for sewage treatment and disposal system purposes; to provide for related matters.
Referred to the Committee on Judiciary.
SB 348. By Senators Lee of the 29th and Kemp of the 3rd: A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to change provisions regarding criminal penalty for excessive interest to ensure such penalties do not apply to pawnbrokers; to provide for related matters.
Referred to the Committee on Judiciary.

Representative Franklin of the 39th arose to a point of personal privilege and addressed the House.

Representative Jamieson of the 22nd arose to a point of personal privilege and addressed the House.

Representative Poag of the 6th arose to a point of personal privilege and addressed the House.

Representative Mueller of the 152nd arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 1134. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Heard of the 89th and Jamieson of the 22nd:
A bill to amend Code Section 48-7-29.3 of the Official Code of Georgia Annotated, relating to a state income tax credit for certain federal qualified transportation fringe benefits, so as to change certain provisions regarding the amount of such credit.

The report of the Committee, which was favorable to the 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

Barnes Y Benefield

Y Birdsong Y Bohannon

384
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
Cooper Y Cox Y Crawford Y Cummings
Davis, M Y Davis, T YDay
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson

JOURNAL OF THE HOUSE

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 E Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
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
Joyce YKaye 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 Mcffinney 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
Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts E Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P

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

On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Shanahan of the 10th was excused from voting on the preceding roll call.
HB 1219. By Representatives Jamieson of the 22nd, Smyre of the 136th, Benefield of the 96th, Parrish of the 144th, Parham of the 122nd and others: A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment.
The following Committee substitute was read and adopted: A BILL
To amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment; to provide for a definition; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 3, 2000

385

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, is amended by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows:
"(e)(l) As used in this subsection, the term 'heavy equipment dealer" means a person, firm, or corporation which is primarily engaged in the business of selling, renting, leasing, and servicing heavy equipment, engines, power generation equipment, and parts and attachments to such heavy equipment which is primarily used for construction, industrial, maritime, mining, agriculture, or similar purposes and who is not required to be licensed.
(2) The provisions of this Code section shall not apply to heavy equipment dealers."
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
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
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
Hammontree E 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
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 YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves YReece YReed YReese
Y Rekhert YRice
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
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
E Teague Y Teper Y Tillman Y Iblbert 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 Y Yates
Murphy, Spkr

386

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Smith of the 175th and Shanahan of the 10th were excused from voting on the preceding roll call.
HB 1159. By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th, Walker of the 141st, Skipper of the 137th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion.

The report of the Committee, which was favorable to the 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
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
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 Dukea Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree E 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 Y Jenkins Y Jennings Y Jones E Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

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

THURSDAY, FEBRUARY 3, 2000

387

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 1137. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Heard of the 89th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986"and thereby to incorporate provisions of federal law into Georgia law.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner 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
Cooper Y Cox Y Crawford Y Cunomings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree E 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 Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones E Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney
Millar 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 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 E Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B E 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 E Teague Y Teper Y Tillman Y Tolbert
Y Trense
Y Tumquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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HR 816. By Representatives Scarlett of the 174th, Banner of the 159th, Lane of the 146th, Smith of the 175th, Barnard of the 154th and others:
A resolution urging the National Oceanic and Atmospheric Administration to adopt a new management plan which keeps Gray's Reef open for public fishing and enjoyment.

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

Y Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G 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 E 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
Hudson, N

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

Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts Y Rogers
Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott E Shanahan Y Shaw Y Shipp
Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B E 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 Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Y Twiggs 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 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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.

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389

HB 453. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that service as a senior judge of the probate court shall not affect a member's ability to receive a benefit under such retirement fund.

The following Committee substitute was read and adopted: A BILL
To amend Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that service as a senior judge of the probate court shall not affect a member's ability to receive a benefit under such retirement fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 47-11-70 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by inserting at the end thereof the following:
"(c) Any other provisions of this chapter to the contrary notwithstanding, service as a senior judge of the probate court, as such office is expressly provided for by general law, shall not affect the right of a member of the fund to receive a benefit."
SECTION 2.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien
Y Anderson Y Ashe Y Bailey
Y Bannister Y Barnard
Barnes Y Benefield Y Birdsong

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

Bunn
Y Burkhalter Y Byrd
Callaway
Y Campbell Y Cash Y Channel! Y Childers Y Clark

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

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

390
Y Ehrhart Y Epps Y Evans Y Everett Y Felton YFloyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree E 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

JOURNAL OF THE HOUSE

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones E 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 CWeal Y Orrock YParham Y Parrish Y Parsons Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Eandall 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 E Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B E 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 E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 929. By Representatives Stanley of the 50th, Stanley of the 49th, Martin of the 47th, Jackson of the 148th, McClinton of the 68th and others: A resolution commending Georgia's dental hygienists; recognizing Dental Hygienists' Appreciation Day on February 4, 2000; and inviting certain dental hygienists to appear before the House of Representative.
The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 893 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Mark Taylor.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Roy E. Barnes, appeared upon the floor of the House and delivered the following address:

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391

Lieutenant Governor Taylor, Speaker Murphy, members of the General Assembly, members of the Judiciary, members of the Consular Corps, my fellow Georgians:
Last year when I came before you, I said that there were things we had to change if we wanted Georgia to continue to prosper and grow.
Today, Georgia is stronger because of the courage you showed in confronting those challenges.
We took an important first step toward dealing with Georgia's transportation, pollution, and land use problems by establishing the Georgia Regional Transportation Authority. This year I hope we will build on that beginning by preserving greenspace in our fastest growing counties.
We enacted a comprehensive patient's bill of rights to reign in the worst excesses of HMOs and managed care and gave Georgians an insurance advocate to keep rate increases from being approved unchallenged.
We passed an $83 million property tax cut to help every Georgia homeowner - a tax break I hope you'll agree to double this year.
Because of your actions, Georgia's economy continues to grow. We now have the lowest unemployment rate ever recorded - just 3.2 percent and last year Georgia businesses created 155,000 new jobs.
This year I'm asking you for the same kind of effort and the same level of courage as we face an even greater problem.
Six years ago, Georgia ranked 49th in educating our children.
Today, we rank 50th. The District of Columbia passed us last year.
According to last week's report from the Council for School Performance, an independent body created by the Georgia General Assembly in 1993, 70,000 Georgia children are stuck in failing schools.
No matter how you look at it - SAT scores, high school completion rates, 8th grade math proficiency, even the Armed Forces Qualification Test - one message is clear: We must improve education now.
It's time we put some facts on the table about education reform, because the special interests are spreading fictions.
You have heard from some school superintendents concerned about funding even though there is a $133 million enhancement in the budget.
For years, the General Assembly has sent superintendents and school boards millions of dollars to lower class size.
Instead of keeping classes in the early grades at 17 students per teacher where the General Assembly funded it, some of them have used the money to add to administration while class sizes have ballooned to 33 per class.
The education bill I have sent to you requires them to use that money to lower class sizes.
And they don't like it.

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Some school boards are grumbling, too.
You know why?
Because school councils will give parents, principals, and teachers more control over their schools.
Some school boards don't like the threat of real local control.
The Department of Education complains about accountability and says that Georgia schools are on the right track.
The education bureaucrats and special interests are never going to be happy with reform.
So if I have this many special interests upset, I must be doing something right.
Maybe that's why the public dialogue on education has produced such a broad consensus about the kind of reform Georgia schools need.
We agree that Georgia should set high standards for its schools and then measure their progress toward these standards.
We agree that our best and brightest teachers should be rewarded and that teachers who do the best job educating our children should be paid for their excellence.
We agree that every teacher should have a basic competency in technology.
We agree that parents and teachers should have more control over their neighborhood schools.
And we agree that students should not be forced to attend a school that's failing them.
But there is one thing we don't yet agree on, and that's what I'm here to talk to you about today.
Ending teacher tenure.
Georgia has many great teachers and even more good ones.
They are the vast majority of the teachers in our classrooms, and tenure doesn't affect them because they not only do their jobs they do them well.
But - as with doctors, or lawyers, or any other profession there are a very few bad apples in the barrel. And, as in every other profession, those few bad teachers sully the name and tarnish the reputation of every good, hardworking teacher we have who works long hours and cares deeply about the students under their care.
Those few bad teachers don't deserve the right to stain the honor of good teachers everywhere.
They don't deserve the chance to keep our children from receiving a good education.
They don't deserve unconditional job protection.

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393

In these cases, teacher tenure puts the legislative seal of approval - your seal of approval - on failure.
And every day we don't do something about it - every day we keep these few failing teachers in our schools we insult the thousands of good and great teachers working to bring out the best in our children.
Good teachers don't need tenure, and bad teachers don't deserve it.
One of Georgia's greatest teachers is with us today.
Ken Almon teaches 5th grade at Norcross Elementary School.
Ken is a winner of the Milken Award for excellence in education. The Milken Award is the Nobel Prize for educators.
We are also honored that Mr. Almon's 5th grade class was able to join us today.
Look in on their classroom and you might find his students singing musical presentations of grammar and math facts, making imaginary journeys into space, studying bean plants through journal records, or harvesting a fall garden.
Ken often hosts afternoon read-ins, all-day math and science sessions for students, and classes for parents to help them understand the concepts their children are learning.
Ken, would you and your class please stand as we thank their teacher for giving his talents, energy, and love to the children of Georgia. Thank you.
Not all of Georgia's best educators are teachers.
Some are also principals.
And one of them is Joan Akin.
Joan runs the largest middle school in this country - and one of the best - Creekland Middle School in Lawrenceville.
In 1993, it was named a Georgia School of Excellence, and Joan became a Milken Award winner.
Recognizing the special needs of adolescents, Joan works hard to make her school warm, welcoming, and secure for her students. These efforts have won her school an International Inviting School Award.
Joan, stand up. Thank you for being here today. And thank you for working so hard for Georgia children.
Ken and Joan have a number of things in common.
They are two of Georgia's greatest educators.
They are devoted to our children.
They are Milken Award winners.

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And they both agree that ending tenure is good for Georgia students.
Why do we need to end teacher tenure?
Because it keeps those few bad teachers in the classroom - and the children in those classrooms are being denied the opportunity to learn.
Listen to this story a parent told me.
His third-grade son came home one day with a 60 on a geography quiz.
Concerned about the grade, the parents set up a teacher conference.
On the test, students had to identify several features on a world map.
One question asked students to label the equator, and the boy had written"equator" just above the line that ran from left to right across the center of the map.
Although they knew that some things had changed since they were in school, the parents felt pretty sure that their son was right.
When they asked the teacher about it, he pulled out the textbook and said, "You see, here the word 'equator' is written just below that line, so your son is wrong."
The student had also written the words "Pacific Ocean" on the big blue stretch between Asia and South America.
But he had written it below the equator, and in the book the words "Pacific Ocean" appeared above the equator.
The teacher showed this to the parents and again said their son was wrong.
It took a visit to the principal to change the student's grade.
But because of tenure that teacher still works in Georgia schools today.
Most of the time, tenure means that a principal doesn't even try to dismiss a bad teacher - because, even if the principal bucks the odds and succeeds, the cost in time and money is staggering.
A national study a few years ago found that, on average, it takes two to three years to dismiss a tenured teacher, and each case costs taxpayers about $60,000.
Heaven knows, I have no problem with lawyers making a living.
But not at the cost of our children's future.
A county school administrator recently told me a story about how much tenure costs taxpayers.
One day a teacher, upset about a new school policy, barged into his principal's office in protest.
Still unhappy, the teacher stormed away from school, leaving his class unattended and no lesson plans for someone to take his place.

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395

Now this is clearly a teacher who is not stable enough to have responsibility for 30 children.
The superintendent scheduled a hearing with the county school board to dismiss the teacher.
After a three-day hearing - and that alone cost thousands of dollars - the board fired the teacher.
But that's not the end of the story.
The teacher appealed the school board's decision to the State Board of Education.
Then he appealed the State Board's ruling to the Superior Court.
And he appealed that ruling to the United States District Court.
All of them agreed: This teacher should not be in the classroom.
But - because of tenure - it took four years and cost taxpayers $57,000 to get him out of the classroom.
Let me give you one more reason to bring an end to tenure - and this one is the most important of all.
Study after study has found that teacher quality is the single most important factor in determining how well a child learns more important than student background, more important than class size, more important than spending per student.
Just one bad teacher can do irreparable damage to a child's education.
Researchers at the University of Tennessee found that two similar students -one with a three-year string of good teachers and the other with a three-year string of bad teachers - will be 50 to 60 percentile points apart on standardized tests at the end of those three years.
Tennessee researchers also found that if a poor-performing student in fourth grade has bad teachers for the next three years, he has only a 15 percent chance of passing the state's comprehensive 8th grade exam. But if that same student has three good teachers, his chances of passing the exam skyrocket to 60 percent.
Unless we make sure that our children have consistently good teachers, we are holding them back.
And let me tell you another thing. If Oregon is any guide, the number of bad apples we're talking about here is probably less than one per school.
When Oregon abolished tenure in its schools, in the first year the Portland School District brought about 90 educators - about one in 40 - up for special review and ultimately dismissed 30 teachers and four principals, less than one percent.
Ending tenure didn't wreak havoc on their schools - it improved them.
Most of the educators who came up for special review were - with the county's help through staff development and training - able to improve and keep their jobs.
And the very few who were dismissed?

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They're the teachers who don't really teach.
The kind of people who should not be in our classrooms.
The kind of people tenure protects.
Does the fact that I want to remove from the classroom the very few teachers who are failing our children mean that I am demonizing and condemning all the great teachers of this state?
Of course not.
And the special interests who make that claim have one goal: divide us to protect the status quo rather than uniting us to improve education.
Those are the facts about tenure.
Now let me see if I can puncture some of the myths.
I read a piece in the paper last week where the author wrote: "Just as teachers do not simply abandon students who are not living up to their potential, the state should not abandon teachers who are not doing well."
That's an insult to every student, every parent, and every good and hardworking teacher in Georgia.
We have an obligation when our students aren't living up to their potential. That's why we're here today. Our obligation is to make their schools better.
And we also have a duty to the few teachers who can't or won't teach.
It's our duty to get them out of the classroom and get a teacher in there who can and will do the job.
Another myth is that ending tenure will let principals fire teachers for arbitrary or unjust reasons.
I don't apologize for trying to give principals - as well as parents and teachers more local control over their schools. One of the central ideas of my education reform plan is to give more power to parents, teachers, and principals at the expense of the education bureaucracy.
But this in no way means giving principals absolute power. Like the rest of us, principals don't work in a vacuum. Superintendents, school boards, and school councils will be looking over their shoulders - especially on hiring and firing decisions.
The idea isn't to arbitrarily fire teachers - it's to weed out the teachers who are failing our students.
Another myth making the rounds is if we don't offer teachers tenure, then we won't be able to attract good teachers.
That's not been the case where tenure has been abolished. The two great educators we have here today will tell you that tenure is the last thing on their minds - teaching children is the first.

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Finally, let me address one last myth: that elementary and high school teachers need joh protections that no other profession gets in order to protect them from intellectual persecution.
Now, in universities, tenure may serve a noble purpose, protecting and encouraging the free exchange of ideas - even unpopular ones.
But spelling and geometry are not likely to provoke a raging controversy. And grammar isn't unpopular unless it's time to do homework or right before a big test.
Georgia's great teachers know all this.
So do the good ones.
Our principals know it too.
And so do Georgia's parents.
This year you have a choice.
You can stand with the bureaucrats who say our schools are good enough, or you can join us in making them better.
You can stand with the special interests that want to protect the worst teachers, or you can join us in lifting up our good teachers for praise and reward.
You can be flagbearers for failure, or crusaders for change.
Make the right choice.
Because the future of Georgia's children is in your hands.
Thank you, and God bless you.

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

The Speaker called the House to order.

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 818 Do Pass HR 842 Do Pass

HR 843 Do Pass HR 929 Do Pass

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Respectfully submitted, /a/ Smyre of the 136th
Chairman
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 818. By Representative Lewis of the 14th: A resolution honoring the members and coaches of the Cartersville High School football team and inviting them to appear before the House of Representatives.
HR 842. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Sholar of the 179th, Greene of the 158th and others: A resolution recognizing and commending the Georgia Farm Bureau Federation and inviting its president to appear before the House of Representatives.
HR 843. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Heckstall of the 55th, Hembree of the 98th, Poag of the 6th and others: A resolution commending Major General David Poythress and inviting him to appear before the House of Representatives.
HR 929. By Representatives Stanley of the 50th, Stanley of the 49th, Martin of the 47th, Jackson of the 148th, McClinton of the 68th and others: A resolution commending Georgia's dental hygienists; recognizing Dental Hygienists' Appreciation Day on February 4, 2000; and inviting certain dental hygienists to appear before the House of Representative.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 930. By Representatives Lane of the 146th, Martin of the 145th, Murphy of the 18th, Coleman of the 142nd, Parrish of the 144th and others: A resolution honoring the Georgia Southern University football team and inviting the team to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1221. By Representatives Powell of the 23rd, Hanner of the 159th, Buck of the 135th, Harbin of the 113th, Sauder of the 29th and others: A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to authorize the owner or operator of a building containing four or more residential units to charge tenants separately for water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility.

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399

The following Committee substitute was read and adopted:
A BILL
To amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to authorize the owner or operator of a building containing residential units to charge tenants separately for water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility; to limit the amount that such an owner or operator may charge tenants for water service and provide for disclosure of the terms of such charges; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1.
Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, is amended by adding a new Code section immediately following Code Section 12-5-180, to be designated as Code Section 12-5-180.1, to read as follows:
"12-5-180.1.
(a) The owner or operator of a building containing residential units may install equipment or use an economic allocation methodology to determine the quantity of water that is provided to the tenants and used in the common areas of such a building; and the owner of such a building may charge tenants separately for water service based on usage as determined through the use of such equipment or allocation methodology. The activities described in this Code section shall not cause any owner or operator engaging in such activities to be considered the owner or operator of a public water system or a public utility, not withstanding any provision of law to the contrary.
(b) The owner or operator of a building containing residential units may charge tenants separately for water service, provided that the total amount of the charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water service for such building plus a reasonable fee for establishing, servicing, and billing for water service and provided, further, that the terms of the charges are disclosed to the tenants prior to any contractual agreement."
SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply with respect to agreements entered into on or after that date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

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

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JOURNAL OF THE HOUSE

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
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 Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree E 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
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones E Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton
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
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 E 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, Spin-

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 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 1157. By Representatives Stuckey of the 67th, Martin of the 47th, Walker of the 141st, Campbell of the 42nd, Ragas of the 64th and others: A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that certain clerks of probate court shall deposit cash bonds transferred by the sheriff into interest-bearing trust accounts; to provide that interest from such funds shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17.

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401

The report of the Committee, which was favorable to the 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
Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown YBuck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y Council
Cooper Y Cox
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 Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree E 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 E Joyce YKaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell YRagas 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 E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest YTwiggs 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.
Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolution of the House, having been previously read was again taken up for consideration:
HR 900. By Representatives Hegstrom of the 66th, Murphy of the 18th, Skipper of the 137th, Walker of the 141st, Twiggs of the 8th and others: A resolution urging the Congress of the United States and the United States Nuclear Regulatory Commission to conduct a comprehensive reassessment of terrorism and sabotage attacks against shipments of spent nuclear fuel and high level radioactive wastes.

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

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson
Dukes N Ehrhart Y Epps N Evans Y Everett
Felton Floyd N Franklin Y Golick N Graves Greene N Grindley N Hammontree E Hanner N 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 Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones E Joyce N Kaye Y Lane N Lewis Y Lord
Lucas N Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee N McCall Y McClinton Y McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Parrish
Parsons

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

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

On the adoption of the Resolution, the ayes were 114, nays 37. The Resolution was adopted.
The following Resolution of the House was read and adopted:
HR 931. By Representatives Henson of the 65th, Ragas of the 64th, Watson of the 70th, Mobley of the 69th, Stuckey of the 67th and others: A resolution commending the Victory Baptist Church and its pastor, Dr. Kenneth L. Samuel.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

THUESDAY, FEBRUARY 3, 2000

403

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection.

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 656 Do Pass, by Substitute HB 679 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of 121st
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 892 Do Pass, by Substitute HB 1206 Do Pass, by Substitute HB 1264 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

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

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Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1273 Do Pass
Respectfully submitted, /s/ Dixon of the 168th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 393 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1135 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

FRIDAY, FEBRUARY 4, 2000

405

Representative Hall, Atlanta, Georgia Friday, February 4, 2000

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

Cummings Davis, M Davis, T Dean DeLoach, B DeLoach, G Dodson Ehrhart Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley E Hanner Harbin Hegstrom Holland E Houston Howard Hudgens Hudson, H Irvin

Jackson, B Jackson, L James Jenkins Jennings Joyce Kaye Lane Lewis Lord Maddox
Martin, J.L
Massey McBee McCall McKinney Millar Mills Morris Mosley O'Neal Orrock Parham Parrish Parsons Pelote

Pinholster Powell Purcell Randall Ray Reaves Reece Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Scarlett Scott Shanahan Shaw Shipp
Sholar
Sims Skipper Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling
Squires Stallings Stancil Stanley-Turner Stokes E Teague Teper Tillman Tolbert Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmorland Whitaker Wiles Williams, J Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Hudson of the 156th, Scheid of the 17th, Sauder of the 29th, Poag of the 6th, Ragas of the 64th, Manning of the 32nd, Williams of the 114th, Dixon of the 168th, Reed of the 52nd, Snow of the 2nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 91st, Ponder of the 160th, Lucas of the 124th, Crawford of the 129th, Bordeaux of the 151st, Sinkfield of the 57th, Ashe of the 46th, Heckstall of the 55th, Jamieson of the 22nd, Mobley of the 69th, Henson of the 65th, Stuckey of the 67th, Harrell of the 62nd, Cash of the 108th, Porter of the 143rd, Buckner of the 95th, McClinton of the 68th, Stephens of the 150th, Yates of the 106th, Day of the 153rd, Jones of the 71st, Dukes of the 161st, Trense of the 44th, Smith of the 175th, Heard of the 89th, Dix of the 76th, Cooper of the 31st, Mueller of the 152nd and Smyre of the 136th.
They wish to be recorded as present.
Representative Mann of the 5th was excused due to illness.

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Prayer was offered by Dr. William M. Suttles, Haralson Baptist Church, Haralson, Georgia.

The members pledged allegiance to the flag.

Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1331. By Representative Houston of the 166th: A bill to provide a new charter for the City of Lenox.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1332. By Representative Hembree of the 98th: A bill to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to provide that in any county where only a post of the Uniform Division of the Department of Public Safety investigates motor vehicle accidents and processes motor vehicle accident reports in such county, such post of the Uniform Division of the Department of Public Safety shall, upon request, be required to provide to the engineering department of the county copies of such motor vehicle accident reports without any information redacted therefrom.
Referred to the Committee on Public Safety.
HB 1333. By Representative Scott of the 165th: A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, the"Health Care Plan Act," so as to prohibit provider sponsored

FRIDAY, FEBRUARY 4, 2000

407

health care corporations, their successor entities, and parent companies from engaging in certain anticompetitive conduct; to provide for a hearing; to provide for penalties; to provide for a private right of action.
Referred to the Committee on Judiciary.

HB 1334. By Representatives Stancil of the 16th, Ehrhart of the 36th and Dix of the 76th:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to change provisions regarding the crime of giving a false name, address, or birthdate to a law enforcement officer; to require persons to provide proper proof of identity upon request.
Referred to the Committee on Special Judiciary.

HB 1335. By Representatives Buckner of the 95th, McBee of the 88th, Coleman of the 142nd, Parham of the 122nd, Williams of the 114th and others:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and certain diseases, so as to provide for findings; to provide for the Breast Cancer and Prostate Cancer Research Program Fund and authorize contributions thereto and administration thereof.
Referred to the Committee on Appropriations.

HB 1336. By Representatives Millar of the 59th, Reed of the 52nd, Jamieson of the 22nd, Houston of the 166th, Ashe of the 46th and others:
A bill to amend Code Section 20-2-2063 of the Official Code of Georgia Annotated, relating to petitions to establish a charter school, so as to require that petitions to establish a charter school must provide that the governing body of the proposed charter school take action by the affirmative vote of a majority of the members of the governing body.
Referred to the Committee on Education.

HB 1337. By Representatives Stanley of the 49th, Stanley of the 50th, Brooks of the 54th and Hugley of the 133rd:
A bill to amend Code Section 17-10-3 of the Official Code of Georgia Annotated, relating to punishment for misdemeanors generally, so as to require that certain persons sentenced for the commission of certain misdemeanors shall be placed on probation and shall be subject to certain terms and conditions in lieu of confinement in a county correctional institution.
Referred to the Committee on State Institutions & Property.

HB 1338. By Representatives Harbin of the 113th, Cox of the 105th and Ashe of the 46th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certain persons under the Quality Basic Education Act, so as to

408

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provide for salary increases for certain persons credentialed as National Certified School Counselors.
Referred to the Committee on Education.

HB 1339. By Representatives Epps of the 131st, Dixon of the 168th, DeLoach of the 119th, Jones of the 71st, Mueller of the 152nd and others:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to provide that in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day; to provide exceptions; to provide that the local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days.
Referred to the Committee on Regulated Beverages.

HB 1340. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act entitled "An Act to create the Catoosa County Public Works Authority," so as to provide for the compensation of certain members of such authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1341. By Representatives Cooper of the 31st and Campbell of the 42nd:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to provide for a change in compensation for assistant district attorneys who have served as a law assistant to a Justice of the Supreme Court of Georgia or a Judge of the Appeals Court of Georgia.
Referred to the Committee on Judiciary.

HB 1342. By Representative Borders of the 177th:
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 allow an absentee voter to receive assistance in mailing or delivering his or her absentee ballot under certain circumstances; to provide for procedures and restrictions; to change the oaths to be printed on absentee ballots.
Referred to the Committee on Governmental Affairs.

HB 1343. By Representative Borders of the 177th:
A bill to amend Article 7 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to unemployment benefits, so as to provide that on or after July 1, 2000, the spouse of a transferred active member of the armed forces shall be deemed to have good cause to voluntarily quit his or her job to accompany the military spouse.
Referred to the Committee on Industrial Relations.

FRIDAY, FEBRUARY 4, 2000

409

HB 1344. By Representative Lord of the 121st: A bill to provide a new charter for the City of Stapleton.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1345. By Representatives Bannister of the 77th, Mann of the 5th, Davis of the 60th, Hammontree of the 4th, Maddox of the 72nd and others: 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 payment of assessments to the fund by insurers and self-insurers.
Referred to the Committee on Industrial Relations.
HB 1346. By Representatives Martin of the 47th, Bordeaux of the 151st, Alien of the 117th, Stuckey of the 67th and Teper of the 61st: A bill to enact the "Civil Litigation Improvement Act of 2000"; to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, so as to provide a maximum amount for a supersedeas bond for the punitive damages portion of a civil judgment; to provide for exceptions; to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations.
Referred to the Committee on Judiciary.
HB 1347. By Representative Dukes of the 161st: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education districts in said county.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1348. By Representatives Smith of the 169th, Benefield of the 96th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and others: A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive, coordinated, and prioritized system of railway passenger service routes for, within, and throughout this state and to nearby states for purposes of state planning and development and commencement of service.
Referred to the Committee on Transportation.
HR 932. By Representatives Twiggs of the 8th, Coleman of the 142nd, Poag of the 6th, Walker of the 141st, Whitaker of the 7th and others: A resolution urging the United States Congress to enact the National Forensic Sciences Improvement Act of 1999.
Referred to the Committee on Public Safety.

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HR 933. By Representative Orrock of the 56th: A resolution creating the House Social Anxiety Disorder Study Committee.
Referred to the Committee on Rules.

HR 934. By Representatives Irvin of the 45th, Smith of the 19th, Byrd of the 170th, Watson of the 70th, Cash of the 108th and others: A resolution proposing an amendment to the Constitution so as to allow public money to be appropriated to religious organizations for the purpose of providing nonsectarian social services to poor and needy people.
Referred to the Committee on Appropriations.

HR 935. By Representatives Harbin of the 113th, Murphy of the 18th, Buck of the 135th, Davis of the 132nd, Birdsong of the 123rd and others:
A resolution memorializing the Congress and the President to enact legislation that recognizes the necessity of the United States government maintaining its commitment to America's military retirees by providing lifetime health care for those over the age of 65 years, that requires opening the Federal Employees Health Benefit Program to eligible uniformed armed services beneficiaries, and that addresses in any other appropriate way the concerns expressed in this resolution.
Referred to the Committee on Defense & Veterans Affairs.

HR 936. By Representative Roberts of the 162nd: A resolution compensating Dr. Barbara H. Bryant.
Referred to the Committee on Appropriations.

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

HB 1315 HB 1316 HB 1317 HB 1318 HB 1319 HB 1320 HB 1321 HB 1322 HB 1323 HB 1324 HB 1325

HB 1326 HB 1327 HB 1328 HB 1329 HB 1330 HR 927 HR 928 SB 307 SB 338 SB 339 SB 348

Pursuant to Rule 52, Representative Jenkins of the 110th moved that the following Bill of the House be engrossed:
HB 1327. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of in-

FRIDAY, FEBRUARY 4, 2000

411

come tax, so as to provide for a tax credit with respect to certain disaster assistance.

The motion prevailed.

Pursuant to Rule 52, Representative Jenkins of the 110th moved that the following Bill of the House be engrossed:
HB 1328. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide an income tax credit for expenses of private driver education for minor dependent children of taxpayers.
The motion prevailed.

Pursuant to Rule 52, Representative Jenkins of the 110th moved that the following Bill of the House be engrossed:
HB 1329. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include income which consists of disaster funds, assistance, or benefits received or recovered from GEMA or FEMA; to provide for a tax credit with respect to certain disaster assistance.
The motion prevailed.

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1297 Do Pass HB 1298 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

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HOUSE RULES CALENDAR FRIDAY, FEBRUARY 4, 2000

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 13th Legislative Day as enumerated below:

HB 272 HB 964 HB 999 HB 1149 HB 1192 HB 1253

Income tax credit; certain low-income housing; cert capital gain Local governments; bonds; require certain reports Teachers Retirement; membership; amend provisions Hotel-motel tax; Douglas County; convention center Trailers or semi-trailers; brake requirements; exemption Brooks County; superior court; change terms

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, 1st 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 1297. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd, Smith of the 102nd, Hugley of the 133rd and others:
A bill to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, so as to change certain provisions regarding the establishment of tax and service districts; to change certain provisions regarding the levy and collection of ad valorem taxes within such districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 16.
The Bill, having received the requisite constitutional majority, was passed.
HB 1298. By Representatives Smith of the 12th, Childers of the 13th and Reece of the llth: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to repeal the provisions relating to the manner of filling vacancies on the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 16.
The Bill, having received the requisite constitutional majority, was passed.

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413

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 385. By Senators Johnson of the 1st and Thomas of the 2nd: A bill to amend an Act creating the Chatham Area Transit Authority, as amended, so as to provide for an additional citizen member of the authority who shall be chosen from the disabled community; to provide for related matters.
SB 386. By Senator Jackson of the 50th: A bill to amend an Act creating a new charter for the City of Dahlonega, as amended, so as to change the provisions relating to terms of office of the mayor and councilmembers; to change the provisions relating to elections; to provide for elections by plurality vote; to correct certain citations.
HB 1113. By Representatives Holmes of the 53rd, Hudson of the 120th, Dodson of the 94th and others: A bill to amend Part 3 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to election superintendents, so as to require counties to provide election returns to the Secretary of State in an electronic format within a certain time frame for certain elections.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 757. By Representatives Mosley of the 171st, Murphy of the 18th, McClinton of the 68th and others: A resolution recognizing the 20th Century as the Century of Women in the United States.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 670. By Representatives Harbin of the 113th, Golick of the 30th, Channell of the lllth 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 governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards.

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

SB 385. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend an Act creating the Chatham Area Transit Authority, as amended, so as to provide for an additional citizen member of the authority who shall be chosen from the disabled community; to provide for related matters.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 386. By Senator Jackson of the 50th:
A bill to amend an Act creating a new charter for the City of Dahlonega, as amended, so as to change the provisions relating to terms of office of the mayor and councilmembers; to change the provisions relating to elections; to provide for elections by plurality vote; to correct certain citations.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Governmental Affairs.

The following Resolution of the House was read: HR 939. By Representative Murphy of the 18th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, February 4, 2000, and shall reconvene on Monday, February 7, 2000, and 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.
BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

FRIDAY, FEBRUARY 4, 2000

415

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

Y Alien Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash E 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
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 E Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes E 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
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox E Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar
Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster YPoag 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
Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith, P Smith, T
Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E 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, Spin-

On the adoption of the Resolution, the ayes were 156, nays 0.
The Resolution was adopted.
Representatives Ray of the 128th and Jones of the 71st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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 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.

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JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:
A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that any person who was a vested member of the Teachers Retirement System of Georgia who became employed in a position covered by the Employees' Retirement System of Georgia shall have a certain time to elect to remain a member of the Teachers Retirement System of Georgia; to provide that any person who was a vested member of the Employees' Retirement System of Georgia who became employed in a position covered by the Teachers Retirement System of Georgia shall have a certain time to elect to remain a member of the Employees' Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety paragraph (4) of subsection (c) of Code Section 472-181, relating to the transfer of service credits and accumulated contributions from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:
"(4) This subsection shall be applicable to each person who was a member of this retirement system on January 1, 1997, and to all persons who become a member on or after such date. Any person subject to this subsection who became a member of the Teachers Retirement System of Georgia between January 1, 1997, and June 30, 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 4398 2000, or within 60 days after the person became an employee of an employer, whichever date is later. Once made, the election is irrevocable."
SECTION 2.
Said title, is further amended by striking in its entirety paragraph (5) of subsection (b) of Code Section 47-3-81, relating to the transfer of service credits and accumulated contributions from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"(5) Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 1008 2000, or within 60 days after the person became a teacher, whichever date is later. Once made, the election shall be irrevocable."
SECTION 3.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

FRIDAY, FEBRUARY 4, 2000

417

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

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

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

Y Alien Y Anderson 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
Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash E Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Cox Y Crawford Y Cummings Y Davis, M

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Jamieson Y Jenkins Y Jennings Y Jones Y Joyce YKaye Y Lane Y Lewis Y Lord Y Lucas Maddox E 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 Mueller Y CCNeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster YPoag Y Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Reece YReed YReese 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.H Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Tillman Y Tolbert Y Trense Turnquest Y Twiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Whitaker Y Wiles Y Williams, J Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.

418

JOURNAL OF THE HOUSE

The following Committee substitute was read and withdrawn: 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; to provide for compilation and publication; to provide for powers, duties, and authority of the Department of Community Affairs with respect to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, is amended by adding at the end thereof a new Code section to read as follows:
"36-82-9.

(a) As used in this Code section, the term 'public entity" means any political subdivision of the state or any public authority.
(b) A public entity which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision or public entity, shall, upon such issuance, file a report with the Department of Community Affairs which contains the following:
(1) Name of issuer;
(2) Total amount issued;
(3) Itemized cost of issuance;
(4) Term of issue;
(5) Detailed description of purpose or purposes;
(6) Name of underwriter;
(7) Name of bond counsel;
(8) Interest rate; and
(9) True or net interest costs.
Such information shall be reported in such format as may be determined by the Department of Community Affairs. The Department of Community Affairs shall compile all such reports received during a calendar year and publish annually a comprehensive report.
(b) At the time such public entity files such report as is required under subsection (a) of this Code section, it shall also publish such report in the legal organ of the county of such public entity in large boldface type."

FRIDAY, FEBRUARY 4, 2000

419

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Stancil of the 16th and Walker of the 141st, was read and adopted:
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; to provide for compilation and reporting; to provide for powers, duties, and authority of the Department of Community Affairs with respect to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, is amended by adding at the end thereof a new Code section to read as follows:
"36-82-9.
(a) As used in this Code section, the term 'public entity" means any political subdivision of the state or any public authority.
(b) A public entity which issues general obligation bonds, revenue bonds, or any other bonds, notes, certificates of participation, or other such obligations of that political subdivision or public entity, shall, upon such issuance, file a report with the Department of Community Affairs which contains the following:
(1) Name of issuer;
(2) Total amount issued;
(3) Term of issue;
(4) Detailed description of purpose or purposes;
(5) Name of underwriter;
(6) Name of bond counsel;
(7) Interest rate; and
(8) True or net interest costs.

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JOURNAL OF THE HOUSE

Such information shall be reported in such format as may be determined by the Department of Community Affairs. The Department of Community Affairs shall compile all such reports received during a calendar year and publish annually a report containing such information."
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, 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
Brown YBuck Y Buckner
Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway
Y Campbell Y Cash E Channell Y Childers Y Clark Y Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Y Crawford Y Cummings Y Davis, M

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

Y Hugley 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
Maddox
E 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
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
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
Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C
Y Smith, C.W Y Smith, L

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

On the passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, FEBRUAEY 4, 2000

421

HB 272. By Representatives Buck of the 135th, Royal of the 164th, Coleman of the 142nd, Heard of the 89th, Jamieson of the 22nd and others:
A hill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain low-income housing; to exclude certain capital gains income from state taxable net income.

The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain low-income housing; to provide for definitions; to provide for conditions and limitations; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29.3, to be designated Code Section 487-29.4, to read as follows:
"48-7-29.4.
(a) As used in this Code section, the term:
(1) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended.
(2) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family

(3) 'Project' means a housing project that has restricted rents that do not exceed 30 percent of median income for at least 40 percent of its units occupied by persons or families having incomes of 60 percent or less of the median income, or at least 20 percent of the units occupied by persons or families having incomes of 50 percent or less of the median income.
(4) 'Qualified Georgia project' means a qualified low-income building as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended, that is located in Georgia.
(b)(l) A state tax credit against the tax imposed by this article, to be termed the Georgia housing tax credit, shall be allowed with respect to each qualified Georgia project placed in service after January 1, 2001, in an amount equal to the federal housing tax credit allowed with respect to such qualified Georgia project.

422

JOURNAL OF THE HOUSE

(2)(A) If under Section 42 of the Internal Revenue Code of 1986, as amended, a portion of any federal housing tax credit taken on a project is required to be recaptured, the taxpayer claiming any state tax credit with respect to such project shall also be required to recapture a portion of any state tax credit authorized by this Code section. The state recapture amount shall be equal to the proportion of the state tax credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture.
(B) In the event that recapture of any Georgia housing tax credit is required, any amended return submitted to the commissioner as provided in this Code section shall include the proportion of the state tax credit required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer.
(3) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.
(4) The tax credit allowed under this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of the federal housing tax credit with respect to the project.
(c) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 2.
This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

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

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

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
Burkhalter Y Byrd
Y Callaway Y Campbell Y Cash
E Channell Y Childere 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
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 E Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland
Y Holmes E 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 E Mann Y Manning Y Martin, J
Y Martin, J.L

FRIDAY, FEBRUARY 4, 2000

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

Y Purcell Y Ragas Y Randall Y Ray
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

423
Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1149. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the specific date by which certain conference and convention center facilities or similar facilities must be substantially completed and in operation.

The report of the Committee, which was favorable to the 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
Brown
Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway

Y Campbell Y Cash
E Channel! Y Guilders
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

Dukes Y Ehrhart
Y Epps Y Evans
Y Everett Y Felton Y Floyd
Franklin Y Golick Y Graves
Y Greene Y Grindley Y Hammontree E Hanner Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes E 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 Lucas 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
Mueller
Y O'Neal Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote Y Pinholster

424
Y Poag Y Ponder Y Porter Y Powell Y Pureell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice

JOURNAL OF THE HOUSE

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 Y Squires

Y Stallings
Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey
Y Taylor E league Y Teper Y Tillman Y Tolbert
Y Trense Turnquest

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

On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1192. By Representatives Wix of the 33rd and Benefield of the 96th: A bill to amend Code Section 48-10-11 of the Official Code of Georgia Annotated, relating to the prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, so as to provide for an exception for certain trailers and semitrailers.
The following Committee substitute was read and adopted: A BILL
To amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to vehicle brakes, so as to change certain provisions relating to brakes required on certain vehicles; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license plates and fees, so as to repeal certain provisions relating to prohibition of the operation of two-axle trailers of four or more wheels without certain brakes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to vehicle brakes, is amended by striking Code Section 40-8-50, relating to brakes required on certain vehicles, and inserting in lieu thereof the following:
"40-8-50.
(a) Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.
(b) Every motorcycle and motor driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot.

FRIDAY, FEBRUARY 4, 2000

425

(c) (1) Every trailer or semitrailer of 3,600 3,000 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty.
(2) This subsection shall not apply to any trailer or semitrailer with a gross vehicle weight rating of 12,000 pounds or less and which is equipped with a hydraulic breakaway mechanism which is separate from the hitch itself and which utilizes surge brakes. As used in this paragraph, the term 'surge brakes' means a system in which the brakes of a trailer are activated as a result of the forward pressure of the trailer against the tow vehicle during deceleration."
SECTION 2.
Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license plates and fees, is amended by striking and reserving Code Section 48-10-11, relating to prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, which reads as follows:
"48-10-11.
No two-axle trailers of four wheels or more shall be operated upon the public highways of the state unless the trailer is equipped with efficient power, hydraulic, or air brakes which are operated from the driver's seat of the tractor unit."
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
Brown
Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter
Y Byrd Y Callaway Y Campbell

Y Cash E Channell
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
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson Dukes
Y Ehrhart

Y Epps Y Evans
Y Everett Felton Floyd
Y Franklin
Y Golick Y Graves Y Greene Y Grindley Y Hammontree
E Hanner Y Harbin Y Harrell Y Heard
Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes E 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 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
Mueller
Y O'Neal Y Orrock Y Parham Y Fairish
Y Parsons Pelote
Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell

426
Y Ragas Y Randall YRay Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal

JOURNAL OF THE HOUSE

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 E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs

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

On the passage of the Bill, by substitute, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1253. By Representative Reaves of the 178th: 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 court for the Superior Court of Brooks 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 Y Bridges Y Brooks
Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell
Y Cash E 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 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 E Manner Y Harbin
Y Harrell Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland

Y Holmes E 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
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 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

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 E Teague
Teper Y Tillman
Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterman

FRIDAY, FEBRUARY 4, 2000

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

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

427
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.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 30. By Senators James of the 35th and Butler of the 55th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 939. By Representative Murphy of the 18th: A resolution relative to adjournment.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 940. By Representative Orrock of the 56th: A resolution commending Firefighter Matt Moseley and the Atlanta Fire Department and inviting him to appear before the House of Representatives.
HR 941. By Representative Tolbert of the 25th: A resolution commending Ms. Carol Spruill and inviting her to appear before the House of Representatives.
HR 942. By Representatives Reece of the llth, Smith of the 12th and Childers of the 13th: A resolution commending Coosa High School's Technology Education Program and inviting Advisor Alien Gossett and Technology Student Association President B.J. Albert to appear before the House of Representatives.

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HR 943. By Representative Scott of the 165th: A resolution commending the Georgia Recreation and Park Association and inviting representatives of the association to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 937. By Representative Smith of the 102nd: A resolution recognizing and commending Dexter Shuford and Howard Shuford.
HR 938. By Representative Smith of the 102nd: A resolution recognizing and commending Reverend Mabry A. Collins.
HR 944. By Representatives Orrock of the 56th, Teper of the 61st, Poag of the 6th, Cummings of the 27th, Connell of the 115th, and others: A resolution expressing regret at the passing of Willie B.
HR 945. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution commending Betty Starr Brooks and Douglas C. Brooks.
HR 946. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution recognizing and commending John S. Dean.
HR 947. By Representative Ashe of the 46th: A resolution commending Lieutenant Colonel Maria Britt of the Georgia Army National Guard.
HR 948. By Representative Rogers of the 20th: A resolution expressing regret at the passing of Diane Atkins.
HR 949. By Representative Rogers of the 20th: A resolution expressing regret at the passing of Horace A. Smith.
HR 950. By Representative Mosley of the 171st: A resolution recognizing Lucy Shaw.
HR 951. By Representative Scarlett of the 174th: A resolution recognizing Artiss deVolt Zacharias.
HR 952. By Representatives Channell of the lllth, Parham of the 122nd, Parrish of the 144th, Williams of the 114th, Coleman of the 142nd and others: A resolution commending the Department of Community Health for its work on the PeachCare for Kids Program.

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429

HR 953. By Representatives Powell of the 23rd, Murphy of the 18th, Benefield of the 96th and Connell of the 115th:
A resolution commending Judy M. Willis.

HR 954. By Representatives Cummings of the 27th, Walker of the 141st, Murphy of the 18th, Buck of the 135th and Porter of the 143rd:
A resolution commending Mr. William E. "Bill" Strickland for 53 years of service to the State of Georgia.

Pursuant to HR 939, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 7, 2000.

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Representative Hall, Atlanta, Georgia Monday, February 7, 2000

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

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

Bailey Bannister Barnard Barnes Benefield
Birdsong
Bohannon Borders Bridges Brooks Brown
Buck
Bunn Burkhalter Byrd Callaway Campbell
Cash Channell Childers Clark Coleman, B Connell
Cox Crawford

Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dixon Dodson Ehrhart Evans Everett Floyd Franklin Golick Graves Greene Grindley Hammontree Hanner E Harbin Hembree Holland Houston

Hudgens Jackson, B Jackson, L James Jennings Joyce Kaye Lewis Lord Mann Martin, J.L Massey McBee Millar Mills Mobley Morris Mosley Mueller O'Neal Parham Parsons Pelote Pinholster

Porter Purcell Ray Reaves Heece Heese Rice Richardson Rogers Royal Sanders Sauder Scarlett Scott Shanahan Shaw Sims Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P

Smith, T Smith, V Snelling Snow Stallings Stancil Stephens E Stokes E Teague Teper Tillman Tolbert Trense Twiggs Unterman Walker, L E Walker, R.L West Westmoreland Whitaker Wiles Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Poag of the 6th, Sholar of the 179th, Ragas of the 64th, Hegstrom of the 66th, Scheid of the 17th, Manning of the 32nd, Watson of the 70th, Howard of the 118th, Reed of the 52nd, Roberts of the 162nd, Hudson of the 120th, Jamieson of the 22nd, Heard of the 89th, Williams of the 114th, Stanley-Turner of the 50th, Jones of the 71st, Jenkins of the 110th, Heckstall of the 55th, Hugley of the 133rd, Stuckey of the 67th, Shipp of the 38th, Reichert of the 126th, Lane of the 146th, Powell of the 23rd, Buckner of the 95th, Taylor of the 134th, Parrish of the 144th, Stanley of the 49th, Sinkfield of the 57th, Bulloch of the 180th, Harrell of the 62nd, McClinton of the 68th, Bordeaux of the 151st, Ashe of the 46th, Turnquest of the 73rd, Henson of the 65th, Orrock of the 56th, Cooper of the 31st, Lucas of the 124th, Randall of the 127th, Williams of the 83rd, Dix of the 76th, Ponder of the 160th, Dukes of the 161st, Alien of the 117th and Smyre of the 136th.
They wish to be recorded as present.
Prayer was offered by Dr. Steven Kimmel, Pastor, First Baptist Church of Smyrna, Smyrna, Georgia.

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431

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 1349. By Representatives Jennings of the 63rd, Buck of the 135th, Smith of the 12th, Scarlett of the 174th Jamieson of the 22nd and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate of interest paid with respect to certain refunds; to change the rate of interest with respect to income tax overpayments; to change the rate of interest paid with respect to certain estimated income tax overpayments.
February 7, 2000
Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned
makes notice of a motion to engross House Bill 1349. This notice is made prior to or upon reading the bill the first time.
1st Paul Jennings Representative 63rd District
Referred to the Committee on Ways & Means.

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HB 1350. By Representatives West of the 101st and Stallings of the 100th:
A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create the office of chairperson and a board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1351. By Representatives Irvin of the 45th, Snelling of the 99th, Stancil of the 16th, Graves of the 125th, Campbell of the 42nd and others:
A bill to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to powers and duties of the Board of Natural Resources, so as to change the provisions regarding the length of inspection terms of emission inspections.
Referred to the Committee on Natural Resources & Environment.

HB 1352. By Representatives Jackson of the 148th, Jones of the 71st, Williams of the 114th, Childers of the 13th, Henson of the 65th and others:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, so as to provide for special licensing of certain retired and other health care practitioners; to provide for a short title and definitions; to provide for conditions and limitations.
Referred to the Committee on Health & Ecology.

HB 1353. By Representatives Lord of the 121st, Harbin of the 113th, Shaw of the 176th, Golick of the 30th and Maddox of the 72nd:
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 eliminate certain continuing education requirements.
Referred to the Committee on Insurance.

HB 1354. By Representative Crawford of the 129th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, so as to provide for optional submission to a special master; to provide for the use of conventional quia timet to remove clouds on title caused by equities of redemption following tax sales.
Referred to the Committee on Judiciary.

HB 1355. By Representative Crawford of the 129th:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide for access to records concerning reports of child abuse for agencies or persons appointed to investigate before the hearing on a petition for adoption.

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Referred to the Committee on Judiciary.
HB 1356. By Representative Crawford of the 129th:
A bill to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to provide for an alternative method of describing real property being sold for taxes; to provide that purchasers of property at tax sales may obtain possession of the property following the sale; to provide for summary dispossessory procedures against occupants thereof.
Referred to the Committee on Judiciary.
HB 1357. By Representative Alien of the 117th:
A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, and fishing licenses, permits, and stamps generally, so as to provide that any person who is a retired member of the Georgia National Guard, regardless of such person's residence, shall be issued an honorary hunting and fishing license, including trout and big game; to provide that any person who is an active member of the Georgia National Guard, regardless of such person's residence, shall be issued an annual honorary hunting and fishing license, including trout and big game.
Referred to the Committee on Game, Fish & Parks.
HB 1358. By Representatives McBee of the 88th, Buck of the 135th, Porter of the 143rd, Hudgens of the 24th and Heard of the 89th:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Technical and Adult Education and the director of University of Georgia Libraries and reports of state publications, so as to provide that any person or agency required to submit to the director of the University of Georgia Libraries copies of documents shall also submit such documents in electronic form if such is available.
Referred to the Committee on Higher Education.
HB 1359. By Representatives Bunn of the 74th, Bridges of the 9th and West of the 101st:
A bill to amend Code Section 45-18-9 of the Official Code of Georgia Annotated, relating to right of continuation of health insurance coverage for spouse or dependents of deceased employees under the State Employees' Health Insurance Plan, so as to provide that at the time of death of any trooper of the Uniform Division of the Department of Public Safety or agent of the Georgia Bureau of Investigation who is killed in the line of duty, or receives bodily injury in the line of duty which results in death, any spouse or dependent child or children of such a trooper or agent may be included in the coverage of such contract or contracts for health insurance under certain conditions; to and including June 30, 2000.
Referred to the Committee on Insurance.

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HB 1360. By Representative Stephens of the 150th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide a water withdrawal limitation for municipalities; to authorize the owner or operator of a building containing residential units to charge tenants separately for water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility.

Referred to the Committee on Natural Resources & Environment.

HB 1361. By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and Lane of the 146th:
A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements.
Referred to the Committee on Judiciary.

HB 1362. By Representatives Royal of the 164th, Hanner of the 159th, McCall of the 90th, Reaves of the 178th, Murphy of the 18th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Flint River Drought Protection Act"; to define certain terms; to provide that the Board of Natural Resources shall establish a drought protection program for the Flint River basin; to provide that the board may contract with the Georgia Environmental Facilities Authority; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, so as to provide that such authority may contract with the Board of Natural Resources for certain matters.
Referred to the Committee on Natural Resources & Environment.

HB 1363. By Representatives Randall of the 127th, Buckner of the 95th, McKinney of the 51st, Jones of the 71st, Jackson of the 148th and others:
A bill to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to increase the membership of the State Records Committee by adding a representative of a governing body as a member of the State Records Committee.
Referred to the Committee on State Planning & Community Affairs.

HB 1364. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles generally, so as to provide for perfection by delivery of notice.
Referred to the Committee on Motor Vehicles.

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435

HB 1365. By Representatives Barnard of the 154th, Smith of the 103rd, Manning of the 32nd, Smith of the 109th and Grindley of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide for a definition; to provide for immunity from criminal prosecution in certain circumstances.
Referred to the Committee on Judiciary.

HB 1366. By Representative Benefield of the 96th:
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 speed limits in construction sites; to change certain provisions relating to inadmissibility of evidence of speeding obtained in certain areas and use of speed detection devices on hills.
Referred to the Committee on Transportation.

HB 1367. By Representative Hammontree of the 4th: A bill to amend Code Section 19-6-33.1 of the Official Code of Georgia Annotated, relating to the family support registry, so as to provide a penalty for failure of the family support registry to make timely distribution of support payments received by it as required by said Code section.
Referred to the Committee on Judiciary.

HB 1368. By Representative Hammontree of the 4th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to require disclosure of certain information by insurers regarding the use of after-market repair parts.
Referred to the Committee on Motor Vehicles.

HB 1369. By Representatives Reichert of the 126th and Murphy of the 18th: A bill to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common or contract carriers, so as to change certain provisions relating to obtaining of security bond, indemnity insurance, or self-insurance before issuance of certificate or permit.
Referred to the Committee on Judiciary.

HB 1370. By Representative Holland of the 157th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to change the maximum value of an incompetent's estate which a spouse or responsible person of an incompetent may acquire without approval of the probate court; to change the amount of the settlement of a claim that a guardian is required to seek the permission of the probate court to accept; to amend Article 5 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, "The Georgia Transfers to Minors Act," so as to provide that certain transfers may be made without regard to the value of the gift.

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Referred to the Committee on Judiciary.
HB 1371. By Representative Reichert of the 126th: A bill to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas, bonds, and the surety's liability, so as to provide for a limitation on the supersedeas bond for the punitive damages portion of a civil judgment; to provide for rescission of such limitation or waiver; to provide for waiving the filing of a suspersedeas bond as to an award for punitive damages; to amend Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of foreign judgment, so as to clarify that a foreign judgment shall be staying because an appeal is pending or will be taken or the time for filing an appeal has not expired.
Referred to the Committee on Judiciary.
HB 1372. By Representatives Martin of the 47th, Stanley of the 50th, Stanley of the 49th, Dean of the 48th and Mobley of the 69th: A bill to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to incorporate into said Act certain provisions regarding additional penalties and bail and bond amounts to be imposed for certain jail purposes.
Referred to the Committee on Judiciary.
HR 955. By Representatives Henson of the 65th, Hudson of the 120th, Powell of the 23rd, Twiggs of the 8th and Manning of the 32nd: A resolution creating the Joint Study Committee on Emergency Transportation of Persons for Evaluation for Involuntary Treatment for Mental Illness or Substance Abuse.
Referred to the Committee on Health & Ecology.
HR 956. By Representative Mueller of the 152nd: A resolution authorizing the conveyance of certain state owned real property located in Chatham County.
Referred to the Committee on State Institutions & Property.

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

HB 1331 HB 1332 HB 1333 HB 1334 HB 1335 HB 1336 HB 1337 HB 1338 HB 1339

HB 1340 HB 1341 HB 1342 HB 1343 HB 1344 HB 1345 HB 1346 HB 1347 HB 1348

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HR 932 HR 933 HR 934 HR 935

HR 936 SB 385 SB 386 SR 411

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 845 Do Pass HR 871 Do Pass HR 880 Do Pass

HR 930 Do Pass HR 943 Do Pass

Respectfully submitted, Isl Smyre of the 136th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 7, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 14th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 621 Toombs Taylor Morgan Memorial Bridge; designate HR 754 Pierce Jackson Ferguson Memorial Highway; designate HR 849 Veterans Memorial Highway; designate

DEBATE CALENDAR

HB 326 HB 393 HB 646 HB 656 HB 1168

Private detective and security agencies; amend provisions Sheriffs' Retirement; spousal death; increase benefit Dialysis facilities and technicians; licensing; inspections Insurance; transactions by certain financial institutions Domestic stock, mutual ins, frat benefit soc; regis by Ins Comm

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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Respectfully submitted, /si Smyre of the 136th
Chairman

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

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 512. By Senators Polak of the 42nd, Lamutt of the 21st, Golden of the 8th and others: A resolution commending William J. Todd.
HR 268. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd: A resolution proposing an amendment to the Constitution so as to change the experience requirement for eligibility for the office of state court judge.

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 316. By Senators Meyer von Bremen of 12th, Hecht of the 34th, Lee of the 29th and Kemp of the 3rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to provide for related matters; to provide for an effective date and applicability.
SB 317. By Senators Dean of the 31st, Ray of the 48th and Marable of the 52nd:
A bill to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions regarding Chapter 47 of Title 43, the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act," so as to provide that a used motor vehicle dealer or used car dealer shall not include certain churches or religious or charitable organizations.
SB 333. By Senators Madden of the 47th and Gillis of the 20th:
A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to remove a prohibition on examinations for Class IV operators and laboratory analysts.

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439

SB 334. By Senators Madden of the 47th, Hill of the 4th, Hooks of the 14th and Bowen of the 13th:
A bill to amend Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," so as to eliminate the exemption for health maintenance organizations; to provide related matters.

SB 340. By Senators Starr of the 44th and Hecht of the 34th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to change certain provisions regarding the withholding of certain grants.

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

HB 552. By Representatives Davis of the 60th, Martin of the 47th, Walker of the 141st and Campbell of the 42nd:
A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to qualifications for the office of judge of state court, so as to change the experience requirement for such office.

HB 1161. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to provide supplementary appropriations for the health insurance plans for state and University System employees for the State Fiscal Year ending June 30, 2000, in addition to the appropriations made by the General Appropriations Act and any other appropriations.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 496. By Representatives Martin of the 145th, Day of the 153rd, Bunn of the 74th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the criteria for eligibility for special license plates for persons with disabilities.

The Senate has agreed to the House substitute to the following bill of the Senate:
SB 176. By Senators Land of the 16th, Meyer von Bremen of 12th and Hecht of the 34th: A bill to amend Titles 9 and 15 of the Official Code of Georgia Annotated, relating respectively to civil practice and the courts, so as to provide for a

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JOURNAL OF THE HOUSE

system of gathering, processing, transmission, compilation, and analysis of information relating to civil and criminal cases; to provide for the design, completion, and filing of case filings and dispositions information forms; to provide for assistance of the clerk of the court for unrepresented parties.

The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 292. By Senators Ray of the 48th, Balfour of the 9th, Burton of the 5th and others:
A bill to provide for a homestead exemption from certain Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 292. By Senators Ray of the 48th and Balfour of the 9th: A bill to provide for a homestead exemption from certain Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 316. By Senators Meyer von Bremen of the 12th, Hecht of the 34th, Lee of the 29th 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 the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to provide for related matters; to provide for an effective date and applicability.
Referred to the Committee on Judiciary.
SB 317. By Senators Hecht of the 34th, Ray of the 48th and Marable of the 52nd: A bill to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions regarding Chapter 47 of Title 43, the "Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration

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441

Act," so as to provide that a used motor vehicle dealer or used car dealer shall not include certain churches or religious or charitable organizations.
Referred to the Committee on Motor Vehicles.

SB 333. By Senators Madden of the 47th and Gillis of the 20th:
A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to remove a prohibition on examinations for Class IV operators and laboratory analysts.
Referred to the Committee on Natural Resources & Environment.

SB 334. By Senators Madden of the 47th, Hill of the 4th, Hooks of the 14th and others:
A bill to amend Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," so as to eliminate the exemption for health maintenance organizations; to provide related matters.
Referred to the Committee on Health & Ecology.

SB 340. By Senators Starr of the 44th and Hecht of the 34th:
A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to change certain provisions regarding the withholding of certain grants.
Referred to the Committee on Ways & Means.

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 621. By Representative Floyd of the 138th: A resolution designating the Toombs Taylor Morgan Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 754. By Representatives McCall of the 90th, Jackson of the 112th and Bailey of the 93rd: A resolution designating a portion of State Highway 43 as the Pierce Jackson Ferguson Memorial Highway.

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

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HR 849. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution designating the Veterans Memorial Highway.

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

By unanimous consent, the following roll call was made applicable to the previously read Resolutions.

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

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard 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 Channell Y Childers Y Clark Y Coan Coleman, B Coleman, T Y Connell Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Day Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps
Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner E 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
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 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 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 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 E Teague Y Teper Y Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman
Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

On the adoption of the Resolutions, the ayes were 148, nays 0.
The Resolutions, having received the requisite constitutional majority, were adopted.
Representatives Walker of the 141st, Trense of the 44th, Shaw of the 176th and Birdsong of the 123rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUAEY 7, 2000

443

Due to a mechanical malfunction, the vote of Representative Harrell of the 62nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

The following Committee substitute was read and adopted: A BILL
To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to define certain terms; to amend the definition of certain terms; to amend licensing and registration qualifications; to provide for reciprocity with other states; to require the holder of a firearm permit to be at least 21 years of age; to provide for exceptions to the operation of such chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, is amended by striking in its entirety Code Section 43-38-3, relating to definitions, and inserting in lieu thereof the following:
"43-38-3.
As used in this chapter, the term:
(1) 'Board' means the Georgia Board of Private Detective and Security Agencies, a state licensing and examining board.
(2) 'Law enforcement agency' means an agency responsible for ensuring compliance with the laws and ordinances enacted by federal, state, and local governing authorities.
(3) 'Private detective business' means the business of obtaining or furnishing, or accepting employment to obtain or to furnish, information with reference to:
(A) Crimes or wrongs done or threatened against the United States of America or any state or territory thereof;
(B) The background, identity, habits, conduct, business, employment, occupation, assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person;
(C) The location, disposition, or recovery of lost or stolen property;

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(D) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property;
(E) The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee; or
(F) The protection of individuals from serious bodily harm or death.
'Private security business' means engaging in the business of, or accepting employment to provide, any or all of the following:
(A) Private patrol service;
(B) Watchman service;
(C) Guard service; er
(D) Armored car service; or
(E) The protection of persons from death or serious bodily harm."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-38-6, relating to licenses and qualifications relative to such chapter, and inserting in lieu thereof the following:
"(b) Upon being satisfied of the good character, competency, and integrity of an applicant for licensure under this chapter or, if the applicant is a firm, association, company, partnership, limited liability company, or corporation, upon being satisfied of the good character, competency, and integrity of the corporate officer of such corporation or officer of such firm, association, partnership, or limited liability company, the board may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, limited liability company, or corporation if:
(1) The applicant is at least 18 years of age;
(2) The applicant is a citizen of the United States or a registered resident alien;
(3) The applicant is of good moral character;
(4) The applicant has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the applicant has been convicted of such crime, or has entered a plea of nolo contendere, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may grant a license to such applicant;
(5) The applicant has not committed an act constituting dishonesty or fraud;
(6) The applicant has satisfied the board that his or her private detective or private security business has a competent training officer and adequate training program with a curriculum approved by the board or that adequate training will be obtained from such other source as the board may approve;

MONDAY, FEBRUARY 7, 2000

445

(7) The applicant for a private detective company license has had at least two years' experience as a private dotoctivc an agent registered with a licensed detective agency, or has had at least two years' experience in law enforcement, or has a fouryear degree in criminal justice or a related field from an accredited university or college; and the applicant for a security company license has had at least two years' experience as a supervisor or administrator in in-house security operations or with a licensed security agency, or has had at least two years' experience in law enforcement, or has a four-year degree in criminal justice or a related field from an accredited university or college;
(8) The applicants for private detective company licenses and security company licenses may be required to pass successfully a written examination as the board may prescribe; and
(9) The applicant meets such other qualifications as the board may prescribe by rule."
SECTION 3.
Said chapter is further amended by inserting at the end of Code Section 43-38-6, relating to licenses and qualifications, the following:
"(g) The board may grant a license provided in this Code section to a person who is licensed in another state or territory of the United States which has licensing requirements substantially similar to the licensing requirements provided in this Code section.
(h) The board may issue a temporary permit for not longer than 30 days to any person who is licensed in another state or territory of the United States which has licensing requirements substantially similar to the licensing requirements provided in this Code section if such person, in the course of an investigation which arose in the state in which he or she is licensed, finds it necessary to conduct an investigation in this state. Such temporary permit shall be limited to the scope of such investigation. No more than one temporary permit shall be issued in any 12 month period."
SECTION 4.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-38-7, relating to the registration of employees, and inserting in lieu thereof the following:
"(a) Any licensee may employ as many agents, operators, assistants, guards, watchmen, or patrolmen as he or she deems necessary for the conduct of his or her business, provided that such employees meet the requirements and qualifications for registration under this chapter."
SECTION 5.
Said chapter is further amended by striking subsection (a) of Code Section 43-38-10, relating to permits to carry firearms, and inserting in lieu thereof the following:
"(a) The board may grant a permit to carry a pistol, revolver, or other firearm to any person who is at least 21 years of age and who is licensed or registered in accordance with this chapter and who meets the qualifications and training requirements set forth in this Code section and such other qualifications and training requirements as the board by rule may establish. The board shall have the authority to establish limits

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on type and caliber of such weapons by rule. Application for such permit and for renewal thereof shall be made on forms provided by the joint-secretary. No weapons permit issued under this Code section shall be transferable to another individual."
SECTION 6.
Said chapter is further amended by striking in its entirety paragraph (8) of subsection (a) of Code Section 43-38-11, relating to the denial, revocation, or sanction of licenses and registrations, and inserting in lieu thereof the following:
"(8) Been convicted of impersonating, or permitting or aiding and abetting Impersonated, or permitted or aided and abetted any other person to impersonate, a law enforcement officer or employee of the United States or of this state or of any political subdivision thereof in the practice of the private detective or private security business;"
SECTION 7.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-38-14, relating to exceptions to the operation of such chapter, and inserting in lieu thereof the following:
"(a) This chapter shall not apply to:
(1) An officer or employee of the United States of America or of this state or a political subdivision thereof while the employee or officer is engaged in the performance of official duties;
(2) A person engaged in the business of furnishing information in connection with credit, employment, or marketing, or other buaincaa dceiaiona or trnnaaetiona, and a person or firm engaged as a consumer reporting agency, as defined by the federal Fair Credit Reporting Act;
(3) An attorney at law or a bona fide legal assistant in performing his or her duties;
(4) Admitted insurers, agents, and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them;
(5) A peace officer employed on a full-time basis by a federal, state, county, or local law enforcement agency who contracts directly with an employer to work during his or her off-duty hours and whose off-duty employment is conducted on an independent contractor basis with a another employer other than a peace officer engaged in the private detective or private security business or a private detective or private security agency, subject to Code Section 16-10-3, relating to the receipt of funds by state officers or employees for the enforcement of penal laws;
(6) A firm engaged in the business of independent insurance claims adjusting whose employees hold a valid Georgia adjuster's license; or
(7) The employees of a firm mentioned in paragraph (6) of this subsection."
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 7, 2000

447

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 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
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner E 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
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
Morris Y Mosley Y Mueller Y O-Neal Y Orrock Y Parham
Parrish Y Parsons

Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Reaves
Y Reece Y Reed Y Reese Y Reichert
Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan 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 E Teague Y Teper Y Tillman Y Tblbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R
Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Harrell of the 62nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Wix of the 33rd 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 393. By Representatives Buck of the 135th, Hanner of the 159th, Skipper of the 137th and Coleman of the 142nd: A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase a retirement benefit; to provide that where a member has chosen a spouses'

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survival option and the spouse predeceases the member, the member's retirement benefit shall increase to the level it would have been had the member not elected a spouses' survival option.

The following Committee substitute was read and adopted: A BILL
To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase a retirement benefit; to provide that where a member has chosen a spouses' survival option and the spouse predeceases the member, the member's retirement benefit shall increase to the level it would have been had the member not elected a spouses' survival option; to provide for the reestablishment of a benefit upon remarriage; to increase the member's contribution to such retirement fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking in its entirety Code Section 47-1643, relating to requirements for active membership in such retirement fund, and inserting in lieu thereof the following:
"47-16-43.
In order to retain active membership in the fund, each member must:
(1) Continue serving as a sheriff;
(2) Pay to the secretary-treasurer membership dues of $37.60 $45.00 per month. Such payment shall be due on or before the tenth day of the following month until the member has made such payments for a total of 30 years; and
(3) Comply with all other mandatory provisions of this chapter and all rules and regulations promulgated by the board."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 47-16-101, relating to retirement benefit options under such retirement fund and related matters, and inserting in lieu thereof the following:
"47-16-101.
(a) At the time a member becomes eligible for retirement benefits, he or she shall choose one of fear three payment options for retirement benefits. The member must indicate his or her choice of payment options upon the application for retirement benefits filed with the secretary-treasurer. Upon approval of the member's application by the board, such member shall be paid retirement benefits in the form of a monthly sum of money determined in accordance with the option he or she has selected. The fear three payment options are as follows:

MONDAY, FEBRUARY 7, 2000

449

(1) Option One shall be known as a 'single life annuity' and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $320.00 $380.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $320.00 $380.00 per month, plus $80.00 $95.00 per month for each additional year of service so credited to the member. If the member has additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited to the member; provided, however, that in no case shall such benefits exceed $2,400.00 $2,850.00 per month; provided, further, that the board of trustees shall be authorized to increase such benefits by an amount not to exceed 3 percent per annum based on the following factors:
(A) The recommendation of the actuary of the board of trustees;
(B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and
(C) Such other factors as the board deems relevant.
Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine; provided, however, that no such increase shall be made to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of this Code section;
(2) Option Two shall be known as a '100 percent joint life annuity" and shall provide retirement benefits for the life of either the member or his or her spouse, whichever is the survivor. The monthly amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be the actuarial equivalent of the monthly retirement payment which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board; and
(3) Option Three shall be known as the '50 percent contingency life annuity" and shall provide for payment of a 50 percent benefit for the life of the surviving spouse. The amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be computed so as to be actuarially equivalent to the monthly benefit which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the boardt-ad.
(4) When Option Two or Three ia elected, Option Four shall consist of the added proviaion that in the event the apousc predeceases the retired member, the retire mcnt allowance payable to the retired member after the death of the spouao shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under thia chapter. The amount to be paid under this option shall be based on the member's age and that of his or her apousc at the mem bcr'3 retirement and ahall be computed ao aa to be actuarially equivalent to the monthly benefit which would have been paid to the member under Option One. Ac tuarial equivalents ahall be computed using a current and accurate mortality table adopted by the board. When a retired member has elected Option Two or Option Three, in the event the spouse predeceases the retired member, the monthly retire-

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ment benefit payable to the retired member after the death of the spouse shall be increased to the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries or has remarried after the death of the former spouse, the retired member may elect to begin receiving the applicable reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the deceased former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member's new spouse at the time of such election and shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions.
(b) Under cither Option Two, Three, or Four, in the event the apousc of a retired member who ia receiving retirement bcncfita prcdcccaoca the retired member, no aub sequent apouac of aueh member shall be entitled to monthly retirement benefits. It is the intent of thia Code section to limit retirement bcncfita under Options Two, Three, and Four, in the event of any such retired member's death, to the spouse of any member who ia in life at the time such member ia eligible for and is approved for retire mcnt bcncfita. Benefits payable to the spouse of a deceased member shall be payable for only so long as such spouse remains the widow or widower of such deceased member and should such spouse remarry, any benefits payable to such spouse shall cease as of the date of remarriage.
(c) Any provisions of this chapter to the contrary notwithstanding, $20.00 shall be deducted from the monthly retirement benefits of the member or the monthly retirement benefits under Option Two or Three to the spouse of the member when the member has been credited with any period of service under this chapter which was performed prior to January 1, 1961, and for which dues shall not have been paid by the member, until a total sum of $20.00 for every month of service prior to January 1, 1961, so credited to the member shall have been withheld, or until dues have been paid or withheld for a maximum of 25 years, or until the death of the member and his or her spouse who is receiving benefits, whichever may occur first.
(d) In the event any member with a spouse then living is unable to choose one of the three option payments, to complete and file an application for retirement benefits with the secretary-treasurer, or to obtain the approval of the board because of his or her death, mental incompetency, or other providential cause, but the member is otherwise eligible to receive retirement benefits except for his or her having been prevented, Option Two shall be effective, and retirement benefits shall be paid in accordance with that option.
(e) The options under this Code section and the increase in the amounts to be paid as retirement benefits pursuant to said options shall become effective and apply from and after May 1, 1979. Those members and persons already receiving retirement benefits which were computed and determined at a time when the options were not available shall not be afforded an opportunity to select an option but shall have their retirement benefits recomputed and determined in accordance with the provisions of Option One, and the increase in benefits shall be paid to such members or persons from and after May 1, 1979. For those members or persons eligible to receive retirement benefits from and after May 1, 1979, their service shall be computed and determined in accordance with the increased retirement benefits in this Code section in accordance with the member's option selected in accordance with the provisions of this Code section and according to the number of years of creditable service credited to such member or person under this Code section, and such member shall be paid the retirement benefits so determined from and after May 1, 1979. For those members or persons already receiv-

MONDAY, FEBRUARY 7, 2000

451

ing retirement benefits, such members or persons shall be entitled to have their retirement benefits recomputed and determined in accordance with this Code section, and the increase in benefits according to their years of creditable service shall be paid to such members and persons from and after May 1, 1979.
(f) No member shall be allowed to change the retirement options provided in this Code section subsequent to the time that such member receives the first payment under the retirement option originally selected by such member."
SECTION 3.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

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

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

Alien Anderson
Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield
Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter YByrd Y Callaway Y Campbell Y Cash Y Channell Y Guilders Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cununings 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 Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner E Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Y Jackson, L Y James Y Jamieson Y Jenkins E Jennings Y Jones Y Joyce YKaye 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 OTvreal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote
Y Pinholster
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
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 E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L E 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, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1168. By Representative Squires of the 78th:
A bill to amend Chapters 14 and 15 of Title 33 of the Official Code of Georgia Annotated, relating respectively to domestic stock and mutual insurers and to fraternal benefit societies, so as to assign certain duties formerly assigned to the Secretary of State to the Commissioner of Insurance; to provide for filing with the Commissioner of Insurance applications for charters, amendments to charters, and applications for voluntary dissolution and surrender of charters.

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

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

Alien Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter
Y Byrd Callaway
Y Campbell
Y Cash Y ChanneU 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
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 E Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

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

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

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

MONDAY, FEBRUARY 7, 2000

453

On the passage of the Bill, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 646. By Representatives Childers of the 13th and Jones of the 71st: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facilities; to provide for definitions, fees, and rules; to provide for exemptions; to provide licensing standards; to provide for regulation of dialysis technicians.
The following Committee substitute was read: A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facilities; to provide for definitions, fees, and rules; to provide for an advisory council, and its members, terms, compensation, and powers; to provide for exemptions; to provide licensing standards and procedures; to provide for regulation of dialysis and reuse technicians; to provide for inspections; to provide for penalties; to provide for disciplinary actions, civil penalties, injunctions, and administrative penalties; to provide for general fund deposits; to provide for appointment of temporary managers and the conditions and procedures relating thereto; to provide for effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 43
31-43-1.
As used in this chapter, the term:
(1) 'Dialysis' means a process by which dissolved substances are removed from a patient's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semi-permeable membrane.
(2) 'Dialysis technician' means an individual who is not a registered nurse or physician and who provides dialysis care under the supervision of a registered nurse or physician.
(3) 'End stage renal disease' means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.
(4) 'End stage renal disease facility' means a facility that provides dialysis treatment, home dialysis training, support services, or any combination thereof to individuals with end stage renal disease.

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(5) 'Physician' means an individual who is licensed to practice medicine under Article 2 of Chapter 34 of Title 34.
(6) 'Reuse technician' means an individual who is not a registered nurse or licensed physician who performs the procedures necessary to clean and properly prepare kidney dialyzers for use by multiple dialysis patients.
31-43-2.
(a) The hoard shall set fees imposed by this chapter in amounts reasonable and necessary to defray the costs of administering this chapter.
(b) In setting fees under this Code section, the board shall consider setting a range of license and renewal fees based upon, but not limited to, the number of dialysis stations at each end stage renal disease facility, the patient census, dialyzer reuse, the home patient training and support services, or a combination of these.
31-43-3.
(a) The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. No rules adopted by the board pursuant to this Code section shall conflict with any federal law or regulation applicable to end stage renal disease facilities or personnel thereof.
(b) The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia Chapter of the American Association of Kidney Patients; two physicians specializing in nephrology recommended by the Georgia Renal Physicians Association; one member recommended by the National Kidney Foundation of Georgia; two administrators of facilities certified as outpatient dialysis facilities in Georgia; three members of the general public, two of whom shall be dialysis patients or family members of dialysis patients; one member representing technicians working in renal dialysis facilities; one member representing social workers working in renal dialysis facilities; and one member representing nutritionists working in renal dialysis facilities.
(c) Members of the council shall serve four-year terms and until their successors are appointed and qualified. No member of the council shall serve more than two consecutive terms. The council shall meet as frequently as the department considers necessary, but not less than twice each year. The council shall be consulted and have the opportunity to evaluate all rules promulgated by the department under this chapter applicable to end stage renal disease facilities prior to their adoption. Members shall serve without compensation.
31-43-4.
Except as provided by Code Section 31-43-5, no person, business entity, corporation, or association may operate an end stage renal disease facility without a license issued under this chapter.

MONDAY, FEBRUAEY 7, 2000

455

31-43-5.

The following facilities are not required to be licensed under this chapter:

(1) A hospital permitted under Chapter 7 of this title that provides dialysis to individuals receiving inpatient or outpatient services from the hospital;

(2) The office of a physician unless the office is used primarily as an end stage renal disease facility; or

(3) Federal or state agency facilities. 31-43-6.

(a) An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department.
(b) Each application must be accompanied by a nonrefundable license fee.
(c) Each application must contain evidence that there are sufficient qualified staff at the facility.
(d) The department may grant a temporary provisional license to an applicant.
(e) The department shall issue a license if it finds the applicant meets the requirements of this chapter and the rules adopted under this chapter.
(f) The license is renewable periodically after submission of:
(1) The renewal application and fee; and
(2) Satisfactory compliance with the rules adopted under this chapter. 31-43-7.

The rules adopted under Code Section 31-43-3 must contain minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
31-43-8.

An end stage renal disease facility may not employ or have working in that facility as a dialysis or reuse technician anyone other than an individual trained and competent pursuant to the rules promulgated under this chapter.
31-43-9.

The rules adopted by the board under Code Section 31-43-3 shall establish:
(1) Minimum standards for the curricula and instructors used to train individuals to act as dialysis or reuse technicians;
(2) Minimum standards for the determination of the competency of individuals who have been trained as dialysis or reuse technicians;

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(3) Minimum requirements for documentation that an individual has been trained and determined to be competent as a dialysis or reuse technician and the acceptance of that documentation by another end stage renal disease facility that may later employ the individual; and

(4) The acts and practices that are allowed or prohibited for dialysis or reuse technicians.

31-43-10.

(a) The department shall conduct periodic inspections of each end stage renal disease facility to verify compliance with this chapter and rules adopted under this chapter.

(b) An inspection conducted under this Code section shall be unannounced, except for initial inspections, location changes, or expansions.
31-43-11.

(a) The department is authorized to issue, deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under this chapter, or take other disciplinary actions against licensees as provided in Code Section 31-2-6.

(b) The denial, suspension, or revocation of a license by the department shall be a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

31-43-12.

A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the general fund.
31-43-13.
(a) A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this chapter.
(b) After receiving the request, the department may enter into an agreement providing for the appointment of a temporary manager to manage the facility under conditions considered appropriate by both parties if the department considers the appointment desirable.
(c) An agreement under this section must:

(1) Specify all terms and conditions of the temporary manager's appointment and authority; and
(2) Preserve all rights granted by law of the individuals served by the facility.

(d) The primary duty of the temporary manager is to ensure that adequate and safe services are provided to patients until temporary management ceases.

(e) The appointment terminates at the time specified by the agreement.

MONDAY, FEBRUARY 7, 2000

457

31-43-14.
The department may request that the Attorney General bring an action to enjoin either the continued operation of the facility or the closing of the facility in the superior court of the county in which an end stage renal disease facility is located in the name of and on behalf of the state or for the appointment of a temporary manager to manage that end stage renal disease facility if:
(1) The facility is operating without a license;
(2) The department has denied, suspended, or revoked the facility's license, but the facility continues to operate;
(3) License denial, suspension, or revocation proceedings against the facility are pending and the department determines that an imminent or reasonably foreseeable threat to the health and safety of a patient of the facility exists;
(4) The department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility; or
(5) The facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure.
31-43-15.
(a) A temporary manager appointed under Code Section 31-43-13 or 31-43-14 is entitled to a reasonable fee as determined by the court. The fee shall be paid by the facility.
(b) A temporary manager appointed under Code Section 31-43-13 may petition the court to order the release to such manager of any payment owed such manager for care and services provided to patients of the facility if the payment has been withheld.
(c) Withheld payments that may be released under subsection (b) of this Code section may include payments withheld by a governmental agency or other entity before or during the appointment of the temporary manager, including:
(1) Medicaid, medicare, or insurance payments; or
(2) Payments from another third party."
SECTION 2.
Said title is further amended by striking subsection (a) of Code Section 31-2-6, relating to actions against certain applicants or licensees, and inserting in its place the following:
"(a) This Code section shall be applicable to any agency, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, ad 23, and 43 of this title and Chapter 5 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."

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SECTION 3.
This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective for purposes of establishing rules and regulations when funds so appropriated become available for expenditure and shall become effective for all other purposes on the ninety-first day following the date such funds become so available.
SECTION 4.
This Act shall be automatically repealed at the end of the fifth calendar year following the date this Act has become effective for all purposes.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Callaway of the 81st moves to amend the Committee substitute to HB 646 as follows:
Page 2 line 17 insert after the word "fees"
"not greater than one dollar".

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

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

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

N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin N Jackson, B N Jackson, L N James
Jamieson N Jenkins N 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
Massey N McBee N McCall N McClinton

McKinney N Millar Y Mills N Mobley N Morris N Mosley Y Mueller N CWeal N Orrock N Parham N Parrish N Parsons
Pelote N Pinholster N Poag
Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray
Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal

Y Sanders N Sauder Y Scarlett N Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims
Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor

N Teague N Teper N TiUman N Tolbert

MONDAY, FEBRUARY 7, 2000

N Trense Turnquest
Y Twiggs Unterman

N Walker, L E Walker, R.L N Watson N West

Y Westmoreland N Whitaker Y Wiles
Williams, J

459
N Williams, R N Wix Y Yates
Murphy, Spin-

On the adoption of the amendment, the ayes were 40, nays 121. The amendment was lost.

The Committee substitute was adopted.

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

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

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y 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 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 Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Banner E Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson Y Jenkins
Y Jennings Y Jones N Joyce Y Kaye Y Lane Y Lewis N 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
Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
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 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 N Twiggs Y Unterman Y Walker, L E Walker, R.L Y Watson Y 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 155, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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HB 656. By Representatives Bannister of the 77th, Walker of the 141st, Parrish of the 144th, Floyd of the 138th, Maddox of the 72nd and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of insurance by lending institutions and bank holding companies.

The following Committee substitute was read:
A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of insurance by lending institutions and bank holding companies; 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 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, is amended by striking Code Section 33-3-23, relating to restrictions as to transaction of insurance by lending institutions and bank holding companies, and inserting in lieu thereof the following:
"33-3-23.
(a) For the purposes of this Code section, the term:
(1) 'Bank holding company" means the definition as set forth in Code Section 7-1600 and in Section 2 of an act of Congress entitled the Bank Holding Company Act of 1956, as amended.
(2) 'Lending institution' means any domestic institution that accepts deposits from the public and lends money, including banks and savings and loan associations.
(b) A Ne lending institution, bank holding company, or aay subsidiary or affiliate of either of the foregoing doing business in this state, or any officer or employee of any of the foregoing, not including any director may directly or indirectly be licensed to sell insurance, including but not limited to credit insurance and title insurance, in taay municipality within this state which has a population which exceeds 6,000, according to the latest United States decennial ccnaua, except that a lending institution, bank holding company, or any subsidiary or affiliate thereof and may engage in underwriting and act as an underwriter for credit life insurance and credit accident and sickness insurance, and except that an officer or employee of a lending institution, bank holding company, subsidiary, or affiliate of such institution or company may be li censed to sell single interest insurance, credit inourancc, nonrccording insurance, mortgagee title insurance, credit life and accident and aickncaa insurance and the in stitutiona, holding company, subsidiary, or affiliate may receive commiaaiona on sales of the kinds of inauranec written by the officcra or cmploycca subject to the provisions of this title and in conformity with rules and regulations promulgated by the Commissioner of Insurance.

MONDAY, FEBRUARY 7, 2000

461

(e) Any person holding a liccnac on March 28, 1074, and disqualified thereby ahull have his license rciasucd upon roquoat upon becoming eligible for a liccnoc to iaauc without the necessity of taking or passing any examination. Application ohall be made within 60 days from the date the applicant ahall again become eligible.
(d) The Commiaaioncr of Inaurancc is authorized to promulgate rulc3 and regulations in order to effectuate the purpoaca of thia Code acetion, which arc to aasiat in the maintenance of the separation between lending institutions and the inaurance buai ncaa and to minimize the possibilities of unfair competitive practices by lending inatitutiona, agcnta, and brokcro.
(eXc) Nothing in this chapter shall prohibit the purchase of mortgage guaranty insurance, also called credit casualty loss insurance, by a lending institution from a mortgage guaranty insurance company directly or indirectly.
(f) Nothing contained within thia Code ocction ahall apply to any lending inatitution, bank holding company, nor to any organization which was a subsidiary or affiliate of cither of the foregoing on January 1, 1074, nor to any officer or employee of the fore going, if, on January 1, 1074, such lending inatitution, bank holding company, auboidi ary or affiliate, officer, or employee waa licensed to operate and waa conducting buai ncaa in conformity with all federal and atatc laws applicable thereto, and all federal and atatc rules and regulation applicable thereto and who have aincc January 1, 1074, been in continuous operation."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Parrish of the 144th and Bannister of the 77th move to amend the Committee substitute to HB 656 as follows:
By deleting the words "and title insurance" on line 31, page 1, and by adding a new subsection (d) on page 2 to read as follows:
"(d) No lending institution, bank holding company, or any subsidiary or affiliate of any of the foregoing doing business in this state, or any officer or employee of any of the foregoing that or who was not in the business of selling and writing title insurance as of January 1, 2000, shall engage in the business of writing and selling title insurance."

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

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

Y Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch N 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
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 Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene

462
Y Grindley Y Hammontree Y Hanner E Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Holland N Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings

JOURNAL OF THE HOUSE

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

Y Scarlett N Scheid Y Scott
Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper Y 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
Y 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 Tilhnan Y Tolbert Y Trense
Turnquest
Y Twiggs Unterman
Y Walker, L E Walker, R.L Y Watson Y West N Westmorland Y Whitaker Y Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 133, nays 29. The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

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

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

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

Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Hanner
E 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 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
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 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 Randall Y Ray Y Reaves Y Heece Y Reed N Reese Y Reichert Y Rice Y Richardson Y Roberts N 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

MONDAY, FEBRUARY 7, 2000

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Y Smith, P
Y Smith, T Y Smith, V
Y Smyre Y Snelling

Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Y Stanley-Turner
Y Stephens Y Stokes
Y Stuckey Y Taylor

Y Teague Y Teper Y Tillman Y Tolbert
Trense
Turnquest
Y Twiggs Y Unterman
Y Walker, L E Walker, R.L

463
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 157, nays 6.

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

Representative Coleman of the 142nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read:
HR 957. By Representatives Walker of the 141st, Coleman of the 142nd and Murphy of the 18th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 10, 2000, and shall reconvene on Monday, February 14, 2000, and 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.
BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

Y Alien
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 E Buckner
Y Bulloch Y Bunn Y Burkhalter

Y Byrd
Y Callaway Y Campbell
Y Cash Y Channell Y Childers Y Clark
Y Coan Y Coleman, B Y Coleman, T

Y Connell
Y Cooper Y Cox
Y Crawford Y Cummings Y Davis, M Y Dayis, T
Y Day Dean
Y DeLoach, B

DeLoach, G
Y Dix Y Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps
Y Eyans Y Everett Y Felton

464
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner E 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

JOURNAL OF THE HOUSE

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
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 Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal

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

Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Tfcylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L E 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 was adopted.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 958. By Representatives Lewis of the 14th and DeLoach of the 119th: A resolution commending Kappa Sigma Fraternity on its 600th anniversary and inviting Mr. Tom Bishop to appear before the House of Representatives.
HR 959. By Representatives Channell of the lllth, Smyre of the 136th, Murphy of the 18th, Walker of the 141st and Coleman of the 142nd: A resolution congratulating the Putnam County High School Future Farmers of America dairy judging team and inviting them to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 960. By Representatives Powell of the 23rd, McCall of the 90th, Shaw of the 176th, Henson of the 65th and Coan of the 82nd: A resolution declaring February 8, 2000, to be Chiropractic Appreciation Day in Georgia.
HR 961. By Representative Skipper of the 137th: A resolution recognizing February 8, 2000, as Georgia Nonprofit Day.

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465

HR 962. By Representatives Williams of the 83rd, Unterman of the 84th and Dix of the 76th:
A resolution honoring Mrs. Clarissa M. Rice on the occasion of her retirement.

HR 963. By Representatives Cash of the 108th, Sanders of the 107th and Smith of the 109th:
A resolution commending Ms. Debbie Steiner, the 2000 Henry County STAR Teacher.

HR 964. By Representatives Purcell of the 147th, Sinkfield of the 57th, Bailey of the 93rd and McCall of the 90th:
A resolution declaring March 7, 2000, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.

HR 965. By Representative Bunn of the 74th: A resolution commending Mr. Charles E. Wright.

HR 966. By Representatives Golick of the 30th, Lord of the 121st, Williams of the 114th, Shaw of the 176th, Tolbert of the 25th and others:
A resolution commending the Nationwide Civic Action Program.

HR 967. By Representative Ashe of the 46th: A resolution designating February 7, 2000, as "Kroger Day at the Capitol".

HR 968. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A resolution commending William Newton McCulley, the 2000 Henry County STAR Student.

HR 969. By Representatives Cash of the 108th, Smith of the 109th and Sanders of the 107th:
A resolution commending Ms. Virginia Fears Kimble, Henry County Teacher of the Year 2000.

HR 970. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A resolution commending Robert David Sosebee.

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

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HR 845. By Representatives Teague of the 58th, Dukes of the 161st, Epps of the 131st and Howard of the 118th:
A resolution proclaiming the second Thursday in February as "African American Business Enterprise Day" and inviting the Georgia Summit of African-American Business Organizations to appear before the House of Representatives.

HR 871. By Representative Unterman of the 84th:
A resolution commending the 2000 Loganville High School girls varsity basketball team and inviting the team members, their coaches, and the school principal to appear before the House of Representatives.

HR 880. By Representatives Jennings of the 63rd, Ashe of the 46th, Smyre of the 136th, Stuckey of the 67th and Murphy of the 18th:
A resolution recognizing February 10,2000, as "Girls and Women in Sports Day" and commending and inviting Georgia's outstanding female athletes to appear before the House of Representatives.

HR 930. By Representatives Lane of the 146th, Martin of the 145th, Murphy of the 18th, Coleman of the 142nd, Parrish of the 144th and others:
A resolution honoring the Georgia Southern University football team and inviting the team to appear before the House of Representatives.

HR 943. By Representative Scott of the 165th:
A resolution commending the Georgia Recreation and Park Association and inviting representatives of the association to appear before the House of Representatives.

The following Resolution of the Senate was read and adopted:
SR 512. By Senators Polak of the 42nd, Lamutt of the 21st, Golden of the 8th and others: A resolution commending William J. Todd.

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

Mr. Speaker:

The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 957. By Representatives Walker of the 141st, Coleman of the 142nd and Murphy of the 18th: A resolution relative to adjournment.

MONDAY, FEBRUARY 7, 2000

467

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1245 Do Pass HB 1277 Do Pass HR 895 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 340 Do Pass HB 935 Do Pass HB 1300 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 988 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

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Representative Hall, Atlanta, Georgia Tuesday, February 8, 2000
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 Nelle McCorkle, Associate Pastor, First Presbyterian Church, Savannah, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
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 1373. By Representative Irvin of the 45th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to powers of municipal corporations, so as to provide for uniformity of water use restrictions during droughts.
Referred to the Committee on State Planning & Community Affairs.

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469

HB 1374. By Representatives Buckner of the 95th, Squires of the 78th and Bunn of the 74th:
A bill to amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that certain shelters shall include space where families with children under the age of 17 may be housed together regardless of the gender of the children.
Referred to the Committee on Children and Youth.

HB 1375. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
Referred to the Committee on Ways & Means.

HB 1376. By Representatives West of the 101st and Stallings of the 100th:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that the rules and regulations of the Environmental Protection Division applicable to accreditation of commercial analytical laboratories submitting regulatory data shall become effective on or after July 1, 2001.
Referred to the Committee on Natural Resources & Environment.

HB 1377. By Representatives Mueller of the 152nd, Stephens of the 150th, Davis of the 60th, Day of the 153rd, DeLoach of the 119th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales by certain nonprofit humane societies for animals.
Referred to the Committee on Ways & Means.

HB 1378. By Representatives Pinholster of the 15th and Stancil of the 16th:
A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions regarding education, so as to provide for conditions under which certain lottery funds in the Construction Reserve Trust Fund shall not lapse.
Referred to the Committee on Appropriations.

HB 1379. By Representatives Hudson of the 156th, Holland of the 157th, Ray of the 128th, Banner of the 159th, Shaw of the 176th and others:
A bill to amend Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees of the Georgia-Federal State Inspection Service

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who are active or retired members of the Employees' Retirement System of Georgia.
Referred to the Committee on Insurance.

HB 1380. By Representatives Snow of the 2nd, Day of the 153rd, Ray of the 128th, Westmoreland of the 104th, Mueller of the 152nd and others:
A bill to amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the "Natural Gas Competition and Deregulation Act," so as to change a statement of legislative intent with respect to rate-making methods; to change the definition of the term "customer service"; to repeal the requirement that rates for distribution service be established based upon a particular method of rate design; to require electing distribution companies to provide billing services for marketers at rates and on terms established by the Public Service Commission.
Referred to the Committee on Industry.

HB 1381. By Representatives Watson of the 70th, Walker of the 141st, Heard of the 89th, Harbin of the 113th, Hugley of the 133rd and others:
A bill to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, so as to change what is considered to be property insurance; to require that only surety insurers authorized to transact business in this state may issue certain surety bonds.
Referred to the Committee on Insurance.

HB 1382. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to create a new judicial circuit for the State of Georgia, to be known as the Altamaha Judicial Circuit, to be composed of the Counties of Wayne, Appling, and Jeff Davis.
Referred to the Committee on Judiciary.

HB 1383. By Representatives Williams of the 114th and Jennings of the 63rd:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; to provide for legislative findings and declaration; to provide for the amount of excise tax to be levied on strong malt beverages.
Referred to the Committee on Regulated Beverages.

HB 1384. By Representatives Mueller of the 152nd, Reece of the llth and Davis of the 60th:
A bill to amend Code Section 46-4-160 of the Official Code of Georgia Annotated, relating to commission authority regarding gas marketers, so as to provide for places of business of marketers open to retail customers for bill paying.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 8, 2000

471

HB 1385. By Representatives Evans of the 28th and Reese of the 85th:
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 Bell-Forsyth Judicial Circuit.

Referred to the Committee on Judiciary.

HB 1386. By Representative Scarlett of the 174th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special license plates for members and retired members of the Georgia National Guard.
Referred to the Committee on Motor Vehicles.

HB 1387. By Representatives Stuckey of the 67th, Mobley of the 69th and McClinton of the 68th:
A bill to amend Code Section 53-2-1 of the Revised Probate Code of 1998 of the Official Code of Georgia Annotated, and Code Section 53-4-2 of the Pre1998 Probate Code of the Official Code of Georgia Annotated, relating to rules of inheritance when decedent dies without a will, so as to change provisions relating to inheritance by a parent from a decedent child who died intestate; to provide that a parent who substantially failed or refused to provide support during a decedent's minority may not inherit.
Referred to the Committee on Judiciary.

HB 1388. By Representatives Coleman of the 80th, Taylor of the 134th, Mosley of the 171st, O'Neal of the 75th, Greene of the 158th and others:
A bill to create a program of indemnification with respect to public school personnel who are killed or permanently disabled by an act of violence in the line of duty; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special and distinctive license plate honoring Georgia educators with revenue derived from the sale of such plates dedicated to a fund for such program of indemnification.
Referred to the Committee on Motor Vehicles.

HB 1389. By Representatives Powell of the 23rd, Martin of the 145th, Epps of the 131st, Parrish of the 144th, Stallings of the 100th and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to clarify when the holder of a dishonored instrument may charge to the maker of such instrument any fees that a bank or financial institution charges such holder for handling such dishonored instrument.
Referred to the Committee on Banks & Banking.

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HB 1390. By Representatives Murphy of the 18th, Hanner of the 159th and Shanahan of the 10th:
A bill to amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to waste management, so as to define certain terms; to provide that the Department of Natural Resources shall have the authority to adopt state-wide regulations for on-site sewage management system; to provide for the examination and approval of on-site sewage management systems prior to their use.
Referred to the Committee on Natural Resources & Environment.

HR 971. By Representatives Coleman of the 80th, Taylor of the 134th, Jamieson of the 22nd, Mosley of the 171st, O"Neal of the 75th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund.
Referred to the Committee on Motor Vehicles.

HR 972. By Representatives Stephens of the 150th, Ehrhart of the 36th, Smith of the 19th, Davis of the 60th, Mueller of the 152nd and others:
A resolution urging the Congress of the United States to adopt H. J. Res. 77 notifying the Government of Panama of the nullity of the Carter-Torrijos treaties and recognizing the validity of the Hay-Bunau-Varilla Treaty with respect to control of the Panama Canal Zone.
Referred to the Committee on Rules.

HR 973. By Representatives Powell of the 23rd, Hudson of the 156th, Houston of the 166th, Borders of the 177th and Stallings of the 100th: A resolution urging fairness and simplicity in the application of the state's sales and use tax to all nonexempt sellers in Georgia.
Referred to the Committee on Ways & Means.

HR 974. By Representatives Millar of the 59th, Golick of the 30th, Davis of the 60th, Jennings of the 63rd and Watson of the 70th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for limitations upon the rate of increase of ad valorem taxes.
Referred to the Committee on Ways & Means.

HR 975. By Representatives Wix of the 33rd, Walker of the 141st and Murphy of the 18th: A resolution urging the Board of Regents of the University System of Georgia to review and reconsider certain personnel policies.
Referred to the Committee on Higher Education.

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473

HR 976. By Representative Parham of the 122nd: A resolution compensating Mr. Robert Sanford.
Referred to the Committee on Appropriations.
HR 978. By Representatives Mueller of the 152nd, Day of the 153rd, Jackson of the 148th, Bordeaux of the 151st and Pelote of the 149th: A resolution authorizing the conveyance of certain state owned real property located in Chatham County.
Referred to the Committee on State Institutions & Property.

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

HB 1349 HB 1350 HB 1351 HB 1352 HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1358 HB 1359 HB 1360 HB 1361 HB 1362 HB 1363 HB 1364

HB 1365 HB 1366 HB 1367 HB 1368 HB 1369 HB 1370 HB 1371 HB 1372 HR 955 HR 956 SB 292 SB 316 SB 317 SB 333 SB 334 SB 340

Pursuant to Rule 52, Representative Jennings of the 63rd moved that the following Bill of the House be engrossed:
HB 1349. By Representatives Jennings of the 63rd, Buck of the 135th, Smith of the 12th, Scarlett of the 174th and Jamieson of the 22nd: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate of interest paid with respect to certain refunds; to change the rate of interest with respect to income tax overpayments; to change the rate of interest paid with respect to certain estimated income tax overpayments.
The motion prevailed.

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

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Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1320 Do Pass
Respectfully submitted, Is/ Lane of the 146th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1240 Do Pass, by Substitute
Respectfully submitted, 1st Jenkins of the 110th
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 1331 Do Pass HB 1344 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 8, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 15th Legislative Day as enumerated below:

TUESDAY, FEBRUARY 8, 2000

475

HB 542 HB 1135 HB 1184 HB 1264 HB 1273

Telephone solicitation; caller state business name and number State administrative space management; tier 1 or 2 counties Workers' compensation; amend provisions Victim assistance programs; funding; reports Alcoholic beverages; certain purchases; quantity limits

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /a/ 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 1331. By Representative Houston of the 166th: A bill to provide a new charter for the City of Lenox.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1344. By Representative Lord of the 121st: A bill to provide a new charter for the City of Stapleton.

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
Birdsong Y Bohannon
Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd

Y Callaway Campbell Cash
Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper
Y Cox Crawford
Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B E 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 Greene
Y Grindley Y Hammontree
Banner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley
Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins 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 McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller
CWeal Y Orrock

476
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

JOURNAL OF THE HOUSE

Y Reed Y Reese Y Reichert E Rice
Richardson Roberts
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 Y Smith, T Y Smith, V
Smyre
Y Snelling

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

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

On the passage of the Bills, the ayes were 150, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 69. By Senators Roberts of the 30th, Madden of the 47th, Hooks of the 14th and others: A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to display of motor vehicle driver's license in lieu of bail, recognizance, or incarceration in certain cases, so as to change provisions specifying the cases in which such substitution is permissible; to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide for certain policy issuance, renewal, or replacement reporting requirements.
SB 267. By Senators Hill of the 4th and Jackson of the 50th: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal.
SB 344. By Senators Madden of the 47th, Harbison of the 15th and Meyer von Bremen of 12th: A bill to amend Code Section 33-7-11 of the O.C.G.A., relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise certain minimum liability coverage requirements; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of

TUESDAY, FEBRUARY 8, 2000

477

the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to duration of suspension and when judgments deemed satisfied.

SB 356. By Senators Meyer von Bremen of 12th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that the Georgia Crime Information Center shall periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information; to provide that criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy of the criminal history record information of an applicant for employment.

HB 408. By Representatives Barnes of the 97th, Benefield of the 96th, Dodson of the 94th and Bailey of the 93rd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that trafficking in methamphetamine shall be bailable only before a judge of the superior court.

HB 566. By Representative Cummings of the 27th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees retired under a public retirement system.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 260. By Representatives Channell of the lllth, Parrish of the 144th, Hudson of the 120th and others:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the provisions regarding signing of contracts.

The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 171. By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape prevention and personal safety; to encourage the Board of Regents of the University System of Georgia to adopt a similar course.

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 69. By Senators Roberts of the 30th, Madden of the 47th, Hooks of the 14th and others:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to display of motor vehicle driver's license in lieu of bail, recognizance, or incarceration in certain cases, so as to change provisions specifying the cases in which such substitution is permissible; to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide for certain policy issuance, renewal, or replacement reporting requirements.
Referred to the Committee on Insurance.
SB 267. By Senators Hill of the 4th and Jackson of the 50th:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal.
Referred to the Committee on Retirement.
SB 344. By Senators Madden of the 47th, Harbison of the 15th and Meyer von Bremen of the 12th:
A bill to amend Code Section 33-7-11 of the O.C.G.A., relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise certain minimum liability coverage requirements; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to duration of suspension and when judgments deemed satisfied.
Referred to the Committee on Motor Vehicles.
SB 356. By Senators Meyer von Bremen of the 12th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that the Georgia Crime Information Center shall periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information; to provide that criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy of the criminal history record information of an applicant for employment.

TUESDAY, FEBRUARY 8, 2000

479

Referred to the Committee on Public Safety.

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

Representative Connell of the 115th arose to a point of personal privilege and addressed the House.

The Speaker Pro Tern assumed the Chair.

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 1135. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th, Heard of the 89th and Jamieson of the 22nd:
A bill to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties.

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

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

Y Alien Y Anderson 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 E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, 1'
Connell Y Cooper Y Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T Y 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
Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James 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 OTSTeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder
Porter Powell Y Purcell Y Ragas Y Randall YRay Y Reaves Y Reece Y Reed Y Reese Y Reichert E 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 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 Teague Y Teper Y Tillman Y Tolbert Y Trense

480
Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

Walker, L Y Walker, R.L Y Watson

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, 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.
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 542. By Representatives Heard of the 89th, Hugley of the 133rd, Taylor of the 134th, McBee of the 88th, Brooks of the 54th and others: A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, so as to make it unlawful for certain persons who make telephone offers to sell or telephone sales in this state to fail to state clearly the name and telephone number of the business initiating the call within the first 25 seconds of the call and at the conclusion of the call.
The following Committee substitute was read and adopted: A BILL
To amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, so as to make it unlawful for certain persons who make telephone offers to sell or telephone sales in this state to fail to promptly state clearly the name and telephone number of the business on whose behalf the call is being made before any sales solicitation can begin; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the 'Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of 1988,' and who makes any telephonic offer to sell or telephonic sale in this state:
(1) To fail to identify promptly state clearly the name and telephone number of the business initiating the call on whose behalf the call is being made before any sales solicitation can begin;

TUESDAY, FEBRUARY 8, 2000

481

(2) To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter;
(3) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to employ a device, scheme, or artifice to defraud;
(4) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person;
(5) Knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect; or

(6) In connection with a telephonic solicitation of a monetary charitable contribution, to use the services of any person as a courier or otherwise to obtain personally receipt or possession of a monetary contribution from a residence."

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
Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges
Y Brooks Y Brown Y Buck E Buckner Y Bulloch Y Bunn
Y Burkhalter Y Byrd Y CaUaway 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 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 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
Y Jenkins Y Jennings Y Jones
N Joyce YKaye Y Lane Y Lewis Y Lord
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 O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote
Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell
YRagas Y Randall
Ray Y Reaves YReece
Y Heed Y Reese Y Reichert E Rice
Y Richardson Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett Y Scheid
Y Scott Y Shanahan Y Shaw Y Shipp

Y Sholar Y Sims
Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P
Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Tfcylor
Teague Y Teper Y Tillman Y Tolbert
Y Trense Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L

482
Y Watson Y West

JOURNAL OF THE HOUSE

Y Westmoreland Y Whitaker

Y Wiles Y Williams, J

Y Williams, R Y Wix

Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1273. By Representatives Buck of the 135th, Dixon of the 168th, Epps of the 131st, Stuckey of the 67th, Ashe of the 46th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for a limit on the quantities of alcoholic beverages which an individual may possess and transport in this state if such alcoholic beverages were purchased in this state and the excise taxes were paid in this state; to authorize the direct shipment of wine to consumers in this state from outside this state upon obtaining a special order shipping license from the commissioner of revenue.

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

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

Alien Y Anderson 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
E Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd
Y CaUaway 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 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
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 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
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 E Rice Y Richardson Y Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw
Y Shipp Y Sholar Y Sims
Sinkfield
Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

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

TUESDAY, FEBRUARY 8, 2000

483

On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 1184. By Representatives Orrock of the 56th, Smith of the 109th, Martin of the 47th, Howard of the 118th, Bordeaux of the 151st and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change a provision relating to the presumed dependency of the husband or wife of a deceased employee; to authorize the Board of Workers' Compensation to approve a noliability stipulated settlement between parties; to authorize agreements for lump sum settlements prorated over the life expectancy of the injured employee.

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

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck E Buckner N Bulloch Y 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
Connell Y Cooper Y Co* Y Crawford Y Cummings N Davis, M

Y Davis, T N 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
Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes N Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

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

Y Pelote N Pinholster YPoag N Ponder Y Porter Y Powell
Y Purcell Y Ragas Y Randall N Ray Y Reaves Y Reece Y Reed N Reese Y Reichert E Rice Y Richardson Y Roberts N Rogers N Royal Y Sanders
Sauder Y Scarlett N 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 N Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
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 Westmorland N Whitaker Y Wiles N Williams, J Y Williams, R
Wix Y 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.

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Representatives Mann of the 5th and Hammontree of the 4th 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 Manning of the 32nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1264. By Representative Bordeaux of the 151st: A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to provide for penalties.

The following Committee substitute was read and adopted: A BILL
To amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, is amended by adding after subsection (a) of Code Section 15-21-132, relating to assessment of additional sums, a new subsection to read as follows:
"(a.l) The court officer charged with the duty of collecting moneys arising from fines pursuant to this Code section and Code Section 15-21-133 is required to submit a monthly financial report that states the amount collected and the organizations or programs that received funds in that same period to the Criminal Justice Coordinating Council to allow coordination of local, state, and federal funding sources for similar 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.

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

Y Alien Y Anderaon 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 E Buckner Y Bulloch Y Bunn
Y Burkhalter

Y Byrd Y Callaway
Campbell Y Cash
Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Y Coleman, T

Connell Y Cooper Y Cox Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day 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 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

TUESDAY, FEBRUARY 8, 2000

Y James
Y Jamieson Y Jenkins Y Jennings
Y Jones Y Joyce YKaye Y Lane Y Lewis Y Lord
Lucas Y Maddox
Y Mann Manning
Y Martin, J Y Martin, J.L
Y Massey YMcBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley

Y Mueller Y CCNeal Y Orrock
Parham Y Parrish Y Parsons Y Pelote
Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell
Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese
Y Reichert E 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
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

485
Y Stanley, P Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker assumed the Chair.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 68. By Representatives Birdsong of the 123rd, Porter of the 143rd, Jamieson of the 22nd, Roberts of the 162nd, Sims of the 167th and others: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to the Presidents of the United States on President's Day of each year; to provide for instructional activity relating to Veterans Day.
The following Senate substitute was read: A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," so as to provide for instructional activity relating to Veterans Day; to provide that public elementary and secondary schools may be closed on November 11 of each year in honor of veterans; to provide for related matters; to repeal conflicting laws; and for other purposes.
WHEREAS, veterans of the armed forces of the United States have established an outstanding record of valor and service during periods of international conflict; and

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WHEREAS, the exceptional leadership, courage, and commitment demonstrated by those
who have served their country in times of war have created a proud and noble heritage; and

WHEREAS, our nation has been blessed with an abundance of men and women who have served with dedication to ensure that peace and freedom are preserved for others; and

WHEREAS, we must recognize the sacrifices made by committed members of the armed forces and affirm the ideals and principles they have been called to defend; and

WHEREAS, it is only fitting and proper that students, teachers, and administrators in the public schools be encouraged to observe November 11 each year with appropriate
programs, ceremonies, and activities in honor of those who have served in our armed forces.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the "Quality Basic Education Act," is amended by adding at the end of Part 2, relating to competencies and core curriculum, a new Code Section 20-2-146 to read as follows:
"20-2-146.

On a school day on or immediately preceding or as close to the annual observance of Veterans Day as practicable as determined by a school's scheduled curriculum, each elementary and secondary school may provide for instructional activity focusing on the contributions of veterans and the importance of the armed forces of the United States."

SECTION 2.
Said article is further amended by striking in its entirety paragraph (1) of subsection (c) of Code Section 20-2-168, relating to distribution of federal funds by the State Board of Education, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, and inserting in lieu thereof a new paragraph (1) to read as follows:

"(c)(l) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, tead shall define the length of the school day, and shall provide that all public elementary and secondary schools may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces."

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

TUESDAY, FEBRUARY 8, 2000

487

Representative Birdsong of the 123rd moved that the House agree to the Senate substitute to HB 68.

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 E Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T 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
Hammontree Y Banner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox
Mann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y (Weal Y Orrock Y Parham Y Parrish 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 Y Reese Y Reichert E 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 Y Stallings Y Stancjl Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y TViylor Y league 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
Yates Murphy, Spkr

On the motion, the ayes were 159, nays 0.
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 30. By Senators James of the 35th and Butler of the 55th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.
Representative Jackson of the 148th moved that the House insist on its position in substituting SB 30.
The motion prevailed.

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The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 331. By Representatives Powell of the 23rd, McCall of the 90th, Parham of the 122nd, Ehrhart of the 36th, Lucas of the 124th and others:
A hill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the provisions relating to the sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket.
The following Senate substitute was read:
A BILL
To amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the provisions relating to the sale of tickets to athletic contests and entertainment events; to define certain terms; to restrict the sale of tickets to athletic contests and entertainment events at a price in excess of the price printed on the ticket; to provide an exception with respect to a ticket broker who meets certain qualifications and certain persons who are the purchasers of tickets to an athletic contest or entertainment event; to authorize certain service charges on the sale of tickets to athletic contests or entertainment events; to require advertising of events to include certain information relating to service charges; to provide requirements for ticket brokers; to prohibit certain conduct by ticket brokers; to provide that no laws shall prohibit 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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the prohibition against scalping tickets for certain athletic contests or entertainment events, which reads as follows:
"10-1-310.
(a) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that 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.

TUESDAY, FEBRUARY 8, 2000

489

(b) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any entertainment event not covered by subsection (a) of this Code section, including but not limited to, 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; provided, however, that the owner, operator, lessee, or tenant of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or selling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission.

(c) Any advertisement, announcement, or poster for any 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 selling of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated.",

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 broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticketing agent of such persons.

(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

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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

(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.

TUESDAY, FEBRUARY 8, 2000

491

(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 300 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."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 331.

On the motion, 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
Birdsong Y Bohannon

Y Bordeaux Y Borders Y Bridges
Brooks Y Brown

Y Buck E Buckner Y Bulloch
Y Bunn Y Burkhalter

Y Byrd Y Callaway Y Campbell
Y Cash Y Channell

492
Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Cox Y Crawford N Cummings Y Davis, M Y Davis, T Y Day Dean Y DeLoach, B E DeLoach, G YDix Y Dixon Y Dodson Y Dukes Y Ehrhart YEpps Y Evans Y Everett Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

JOURNAL OF THE HOUSE

Y Hammontree Y Banner Y Harbin Y Harrell Y Heard Y 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 Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce YKaye Y Lane Y Lewis Y Lord
Lucas

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

Y Reaves Y Reece Y Reed Y Reese Y Reichert E 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 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 StaUings Y Stancil Y Stanley, P
Stanley-Turner
Y Stephens Y Stokes N Stuckey Y laylor Y Teague Y Tfeper 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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 150, nays 3.
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.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 977. By Representatives Randall of the 127th, Hugley of the 133rd, Dukes of the 161st, Taylor of the 134th, Heard of the 89th and others: A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting South Atlantic regional Director Sonja Garcia to appear before the House of Representatives.
Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

TUESDAY, FEBRUARY 8, 2000

493

HB 1187 Do Pass, by Substitute

Respectfully submitted, Isl 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1314 Do Pass, by Substitute SR 411 Do Pass
Respectfully submitted, IsJ Holmes of the 53rd
Chairman

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

Mr. Speaker:

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

HB 837 Do Pass, by Substitute HB 1133 Do Pass HB 1204 Do Pass

HB 1284 Do Pass, by Substitute HB 1286 Do Pass

Respectfully submitted, Isl Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1211 Do Pass, by Substitute

494

JOURNAL OF THE HOUSE

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

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

Mr. Speaker:

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

HB 499 Do Pass HB 592 Do Pass, by Substitute HB 1217 Do Pass, by Substitute

HB 1246 Do Pass HB 1247 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

WEDNESDAY, FEBRUARY 9, 2000

495

Representative Hall, Atlanta, Georgia Wednesday, February 9, 2000
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Hugh Kirby, Pastor, First Baptist Church, Hartwell, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1391. By Representatives Birdsong of the 123rd, Smith of the 109th, Murphy of the 18th, Walker of the 141st, Buck of the 135th and others: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the definition of the term "employee"; to provide that a member of the State Defense Force serving on state active duty in certain circumstances is an employee; to change the definition of the term "injury"; to provide that an injury arising in the course of employment includes any injury incurred by a member of

496

JOURNAL OF THE HOUSE

the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty.

February 8, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1391. This notice is made prior to or upon reading the bill the first time.

/s/ Kenneth W. Birdsong Representative 123rd District
Referred to the Committee on Industrial Relations.
HB 1392. By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd: A bill to amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to inapplicability of state Brady law regulations to certain firearms and persons, so as to eliminate an exemption from backgrounds checks for certain peace officers.
Referred to the Committee on Public Safety.
HB 1393. By Representatives Dean of the 48th, Everett of the 163rd, Jackson of the 112th, Westmoreland of the 104th, Kaye of the 37th and others: A bill to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to the punishment for serious violent offenders, so as to provide that the term "serious violent felony" shall include a conviction for trafficking in cocaine.
Referred to the Committee on Special Judiciary.
HB 1394. By Representatives Jones of the 71st and Randall of the 127th: A bill to amend Code Section 17-6-31 of the Official Code of Georgia Annotated, relating to the surrender of principal by surety, forfeiture of bond, and death of principal, so as to provide that the surety on such a bond shall be released from liability when the case against the principal is dismissed.
Referred to the Committee on Special Judiciary.
HB 1395. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the corporate limits of the City of Fort Valley by annexing certain territory into the city.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 9, 2000

497

HB 1396. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Buck of the 135th and others:
A bill to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, so as to provide for the establishment of a Georgia Veterans Cemetery; to provide for eligibility for interment in the Georgia Veterans Cemetery; to provide that the Department of Veterans Service has the primary responsibility for verifying eligibility for interment in the Georgia Veterans Cemetery.
Referred to the Committee on Defense & Veterans Affairs.

HB 1397. By Representatives Reece of the llth, Sholar of the 179th and Barnard of the 154th:
A bill to amend Article 2 of Chapter 13 of Title 17 of the Official Code of Georgia Annotated, relating to the "Uniform Criminal Extradition Act," so as to provide for an administrative change to allow the commissioner of the Department of Corrections or his or her designee to sign and present written application for a requisition for the return of a person who has been convicted of a crime in this state and who has escaped from confinement.
Referred to the Committee on Judiciary.

HB 1398. By Representatives Scarlett of the 174th, Cash of the 108th, Mann of the 5th, Barnard of the 154th and Jennings of the 63rd: A bill to amend Code Section 40-6-76 of the Official Code of Georgia Annotated, relating to funeral processions, so as to redefine a term.
Referred to the Committee on Motor Vehicles.

HB 1399. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th, Wix of the 33rd, Grindley of the 35th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1400. By Representatives Bordeaux of the 151st and Smith of the 109th:
A bill to amend Code Section 34-9-11.1 of the Official Code of Georgia Annotated, relating to an employee's or survivor's right of action against a person other than an employer, so as to provide for a waiver of an employer's subrogation lien or other right of recovery unless an employer or employer's insurer provides a timely response to information requested by an injured employee under certain circumstances.
Referred to the Committee on Judiciary.

HB 1401. By Representative Shanahan of the 10th:
A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to change the definition of an eligible secondary school.

498

JOURNAL OF THE HOUSE

February 8, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1401. This notice is made prior to or upon reading the bill the first time.

Referred to the Committee on Education.

lei Tom E. Shanahan Representative 10th District

HB 1402. By Representatives Orrock of the 56th, Smyre of the 136th, Coleman of the 142nd, Turnquest of the 73rd, Williams of the 114th 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 provide for an adjustable base period for calculating eligibility to receive unemployment compensation; to provide that certain persons seeking part-time work are not disqualified from receiving benefits by that fact alone; to provide that certain persons may be unemployed through no fault of their own due to undue family hardship arising out of domestic violence or compelling family obligations and may therefore be eligible for unemployment compensation.
Referred to the Committee on Industrial Relations.

HB 1403. By Representatives Teper of the 61st, Millar of the 59th and Jennings of the 63rd:
A bill to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds.
Referred to the Committee on Ways & Means.

HB 1404. By Representatives Sauder of the 29th, Banner of the 159th, Walker of the 141st, Smyre of the 136th, Irvin of the 45th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private entities for the operation and maintenance of its waste-water treatment system, storm-water system, water system, or sewer system, which leases or contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions.
Referred to the Committee on Natural Resources & Environment.

WEDNESDAY, FEBRUARY 9, 2000

499

HB 1405. By Representatives Connell of the 115th, Williams of the 114th and Harbin of the 113th:
A bill to amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, so as to lower from 15 to 13 years the age at which a juvenile may be transferred to another court.
Referred to the Committee on Judiciary.

HR 979. By Representatives Benefield of the 96th, Dodson of the 94th and Barnes of the 97th: A resolution urging the State of Georgia to purchase motor vehicles produced in the state when practical.
Referred to the Committee on Transportation.

HR 980. By Representatives Franklin of the 39th, Ehrhart of the 36th, Mills of the 21st, Benefield of the 96th and Connell of the 115th: A resolution urging the Congress of the United States to repeal the Spanish American War Tax.
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 1373 HB 1374 HB 1375 HB 1376 HB 1377 IrLB 1378
HB 1379 HB 1380 HHBB 11338812
HB 1383
HB 1384 HB 1385 HB 1386 HB 1387

HB 1388 HB 1389 HB 1390 HR 971 HR 972 TTR Q7S
TT-D 074 ITM
HR TM 976
MK 9 ' 8
SB 69 SB 267 SB 344 SB 356

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1346 Do Pass, by Substitute

500

JOURNAL OF THE HOUSE

Respectfully submitted, Isl Martin of the 47th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 122 Do Pass HB 865 Do Pass, by Substitute HB 1180 Do Pass

HB 1183 Do Pass, by Substitute HB 1364 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 385 Do Pass
Respectfully submitted, Isl Royal of the 164th
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 13 Do Pass HR 32 Do Pass HR 433 Do Pass HR 809 Do Pass HR 812 Do Pass HR 839 Do Pass HR 877 Do Pass

HR 883 Do Pass HR 886 Do Pass HR 896 Do Pass HR 926 Do Pass HR 942 Do Pass HR 977 Do Pass

WEDNESDAY, FEBRUARY 9, 2000

501

Respectfully submitted, lal Smyre of the 136th
Chairman

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

Mr. Speaker:

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

HR 840 Do Pass, by Substitute HR 881 Do Pass HR 882 Do Pass HR 884 Do Pass

HR 897 Do Pass HR 927 Do Pass HR 928 Do Pass

Respectfully submitted, lal Benefield of the 96th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 9, 2000

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

HB 340 HB 905 HB 988 HB 1206 HB 1258

Subpoenas; witness fees and mileage; amend provisions Attempting to remove weapon from certain peace officers; prohibit Employees' Ret; cert appellate court secretaries; creditable serv Juvenile court clerks; training; clerks pro tern Retirement and Pensions Code; corrections

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, lal Smyre of the 136th
Chairman

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

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JOURNAL OF THE HOUSE

SB 385. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend an Act creating the Chatham Area Transit Authority, as amended, so as to provide for an additional citizen member of the authority who shall be chosen from the disabled community; to provide for related matters.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 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:
HB 1282. By Representative Poag of the 6th:
A bill to amend an Act creating the office of commissioner of Murray County, approved March 20, 1939, as amended, particularly by an Act approved April 16, 1999, which 1999 Act provided for a referendum election with respect to reconversion of the board of commissioners to a sole commissioner form of government, so as to change provisions relating to the compensation of the chairperson in the board of commissioners form of government for Murray County.
HB 1298. By Representatives Smith of the 12th, Childers of the 13th and Reece of the llth:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to repeal the provisions relating to the manner of filling vacancies on the board.
SB 318. By Senators Hecht of the 34th, Starr of the 44th, Hooks of the 14th, Walker of the 22nd and Fort of the 39th:
A bill to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to persons who are convicted of a felony to the extent funds are appropriated or otherwise available for such purposes; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction.

WEDNESDAY, FEBRUARY 9, 2000

503

SB 327. By Senators Starr of the 44th, Walker of the 22nd and Gillis of the 20th:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to specify a period of time within which the director must act on permit and variance applications; to provide that when the director does not either grant or deny a permit or variance application within the time specified for the director to do so, the director shall refund any fees submitted with the application; to provide for related matters.

SB 343. By Senator Madden of the 47th:
A bill to amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide an effective date.

SB 347. By Senators Lee of the 29th and Stephens of the 51st:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change the provisions relating to sanctions and the imposition of sanctions on certain municipalities; to provide for the submission and approval of strategies by certain counties and municipalities.

SB 377. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and Meyer von Bremen of 12th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire; to provide a conditional effective date and for automatic repeal.

SB 383. By Senators Starr of the 44th, Walker of the 22nd, Stokes of the 43rd and others:
A bill to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to change the date on which the commission shall be terminated; to amend an Act creating the State Commission on Family Violence, as amended, so as to repeal provisions of said Act formerly governing the termination of the commission; to provide for related matters.

SB 389. By Senator Gillis of the 20th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of watercraft, so as to provide that persons 14 and 15 years of age may operate any type of vessel in the waters of the state under certain conditions; to change certain provisions relating to muffling internal combustion engines on vessels.

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JOURNAL OF THE HOUSE

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 204. By Senators Hecht of the 34th, Broun of the 46th, Gillis of the 20th and Starr of the 44th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence, which program shall authorize the officer to receive his or her regular compensation for the period of time that the officer is unable to perform the duties of his or her employment, not exceeding 12 months; to provide certain exceptions and limitations with respect to such program of compensation; to provide for the submission of this amendment for ratification or rejection.
SR 524. By Senator Thompson of the 33rd:
A resolution recognizing and commending Home Depot for its environmental leadership.
HR 964. By Representative Purcell of the 147th:
A resolution/declaring March 7, 2000 as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 318. By Senators Hecht of the 34th, Starr of the 44th, Hooks of the 14th and others:
A bill to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to persons who are convicted of a felony to the extent funds are appropriated or otherwise available for such purposes; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction.
Referred to the Committee on Judiciary.
SB 327. By Senators Starr of the 44th, Walker of the 22nd and Gillis of the 20th:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to specify a period of time within which the director must act on permit and variance applications; to provide that when

WEDNESDAY, FEBRUAEY 9, 2000

505

the director does not either grant or deny a permit or variance application within the time specified for the director to do so, the director shall refund any fees submitted with the application; to provide for related matters.
Referred to the Committee on Natural Resources & Environment.

SB 343. By Senator Madden of the 47th:
A bill to amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide an effective date.
Referred to the Committee on Judiciary.

SB 347. By Senators Lee of the 29th and Stephens of the 51st:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change the provisions relating to sanctions and the imposition of sanctions on certain municipalities; to provide for the submission and approval of strategies by certain counties and municipalities.
Referred to the Committee on State Planning & Community Affairs.

SB 377. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire; to provide a conditional effective date and for automatic repeal.
Referred to the Committee on Public Safety.

SB 383. By Senators Starr of the 44th, Walker of the 22nd, Stokes of the 43rd and others:
A bill to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to change the date on which the commission shall be terminated; to amend an Act creating the State Commission on Family Violence, as amended, so as to' repeal provisions of said Act formerly governing the termination of the commission; to provide for related matters.
Referred to the Committee on Special Judiciary.

SB 389. By Senator Gillis of the 20th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the registration, operation, and sale of wa-

506

JOURNAL OF THE HOUSE

tercraft, so as to provide that persons 14 and 15 years of age may operate any type of vessel in the waters of the state under certain conditions; to change certain provisions relating to muffling internal combustion engines on vessels.
Referred to the Committee on Game, Fish & Parks.

SR 204. By Senators Hecht of the 34th, Broun of the 46th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence, which program shall authorize the officer to receive his or her regular compensation for the period of time that the officer is unable to perform the duties of his or her employment, not exceeding 12 months; to provide certain exceptions and limitations with respect to such program of compensation; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Public Safety.

Representative Skipper of the 137th assumed the Chair.

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 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.

The following Committee substitute was read and adopted: A BILL
To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide creditable service for prior service as a secretary of a state court judge; to provide for prior service as a secretary of a superior court judge; to provide for the transfer of employer and employee contributions with interest; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking subsections (a) and (b) of Code Section 47-2-245, relating to creditable service in the Employees' Retirement System of Georgia for secretaries of appellate court judges, and inserting in lieu thereof, respectively, the following:

WEDNESDAY, FEBRUARY 9, 2000

507

"(a) Any member who became a member by operation of Code Section 47-2-242 or 472-243 shall be eligible to obtain creditable service for all prior service as an officer or employee of a state court judge or a superior court judge while covered by a retirement or pension system operated by a county for county employees if such person has not yet begun receiving a retirement or disability benefit from such retirement or pension system.

(b) To obtain creditable service under this Code section, the member must apply to the board of trustees not later than December 31, 1008 2000, or within six months after becoming a member, whichever date is later, and must provide such evidence of such prior service as the board deems necessary. Upon notification in writing by the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement or pension system shall transfer to this retirement system accumulated employee employer contributions and accumulated interest thereon which have been credited by the local retirement or pension system to each employee and have not been withdrawn, and thereafter such person shall not be entitled to receive a benefit from such local retirement or pension system. The member shall pay to the board of trustees of this retirement system any employee contributions which have been paid to the local retirement or pcnaion ayatcm by or on behalf of each employee and have been withdrawn from the local retirement or pension ayatcm, plus interest thereon at the rate of 6 percent per annum."

SECTION 2.

Said chapter is further amended by inserting at the end of Code Section 47-2-264, relating to membership in the retirement system of secretaries employed by judges of the superior courts and district attorneys, a new subsection to read as follows:

"(d) Any member of this retirement system subject to the provisions of this Code section may obtain creditable service for prior service as a secretary to a state court judge while a participating member of a county retirement system by so notifying the board of trustees of this retirement system and the board of trustees of the county retirement system. Upon receiving such notice, the board of trustees of the county retirement system shall transfer to the board of trustees of this retirement system all employer and employee contributions made by or on behalf of the member, together with regular interest thereon. Upon receipt of such funds, the member shall be credited with such years of service, not to exceed the years of actual service as secretary for a state court judge, as such amount will warrant without creating any unfunded actuarial accrued liability."

SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

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

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

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JOURNAL OF THE HOUSE

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

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

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

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

Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall YRay
Reaves Y Reece Y Reed YReese 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
Sinkneld 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
Smyre Snelling Y Snow E Squires Y Stallings Y Stantil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y leper Y Tillman Y Tolbert Y Trense Y Turnquest YTwiggs Y Unterman Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 340. By Representative Wiles of the 34th: A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.
The following amendment was read and adopted:
Representatives Walker of the 141st, Skipper of the 137th and Wiles of the 34th move to amend HB 340 as follows:
By changing the figure "10.00" on line 15, page 1, to the figure "25.00".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

WEDNESDAY, FEBRUARY 9, 2000

509

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
Bohannon Y Bordeaux
Y Borders 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
Y Connell Cooper
Y Cox Y Crawford
Y Cummings Y Davis, M

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

Y Hugley Y Irvin
Y Jackson, B Y Jackson, L
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
Y Martin, J Y Martin, J.L Y Massey Y McBee E McCall Y McClinton
McKinney Y Millar
Y Mills Y Mobley Y Morris Y Mosley
Y Mueller Y CWeal
Y Orrock Y Parham Y Parrish
E Parsons

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

Y Smith, L.R Y Smith, P Y Smith, T
Y Smith, V Smyre Snelling
Y Snow E Squires Y Stallings Y Stancil Y Stanley, P
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Ylblbert
Trense Y Turnquest YTwiggs 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 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1206. By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and Crawford of the 129th: 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 training requirements for clerks of the juvenile courts; to provide for clerks pro tempore.
The following Committee substitute was read and adopted: A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore; to provide for certificates and expenses; to provide for exceptions; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding following Code Section 15-11-9.1 a new Code section to read as follows:
"15-11-9.2.

(a) Any person who is appointed as or is performing the duties of a clerk of the juvenile court after July 1, 2000, shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties.
(b) Any person who is appointed as or is performing the duties of a clerk of the juvenile court for any year after 2000, other than the year in which such person satisfactorily completes any initial training required under subsection (a) of this Code section, shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk.
(c) The training required by this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by such institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing authority of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources.
(d) A judge of the juvenile court shall appoint a clerk pro tempore for that court for the period of training in order for the regular clerk to attend training required by this Code section. Such clerk pro tempore shall not be required to meet the training otherwise required by this Code section for performing the clerk's duties.
(e) The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity."
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
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 Y Day
Dean
Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes

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

WEDNESDAY, FEBRUARY 9, 2000

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

Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Parham Y Parrish E Parsons
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 Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow E Squires Y Stallings

511
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
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 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 905. By Representatives Barnes of the 97th, Benefield of the 96th, Walker of the 141st, Bailey of the 93rd, Dodson of the 94th and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to make it unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if the other person is lawfully acting within the course and scope of employment and the person has knowledge or reason to know that the other person is employed as a peace officer, correctional officer, probation officer, parole supervisor, or juvenile correctional officer.

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

On the passage of the Bill, the 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
Campbell Y Cash Y Channell

512
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 YDay
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin
Golick Y Graves Y Greene Y Grindley

JOURNAL OF THE HOUSE

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 Y Hudson, H Y Hudson, N
Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Jones
Joyce E Kaye Y Lane Y Lewis Y Lord
Lucas

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

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

On the passage of the Bill, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1258. By Representatives Martin of the 47th 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.

The report of the Committee, which was favorable to the 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
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 YDay Y Dean Y DeLoach, B
DeLoach, G Y Dix

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

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens

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

WEDNESDAY, FEBRUARY 9, 2000

Y Massey Y McBee E McCall
Y McClinton McKinney
Y Millar Y Mills Y Mobley Y Morris
Y Mosley Y MueUer Y CCNeal Y Orrock Y Parham
Y Parrish E Parsons Y Pelote Y Pinholster
YPoag Y Ponder Y Porter Y Powell

Y Purcell Y Ragas Y Randall Y Ray Y Reaves
Reece
YReed 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
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 E Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes

513
Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tblbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 872 Do Pass HR 924 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
HB 260. By Representatives Channell of the lllth, Parrish of the 144th, Hudson of the 120th, Powell of the 23rd and Coleman of the 142nd: A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the conditions regarding loan and scholarship repayment; to change the provisions regarding signing of contracts.
The following Senate amendment was read:

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JOURNAL OF THE HOUSE

Amend HB 260 by striking lines 3 through 6 of page 1 and inserting in their place the following:
"scholarships, so as to change the provisions relating to the executive director, clerical assistance, and compensation thereof for the State Medical Education Board; to repeal".
By striking lines 12 through 34 of page 1, lines 1 through 44 of page 2, and lines 1 through 4 of page 3 and inserting in their place the following:
"is amended by striking Code Section 20-3-511, relating to the executive director of the State Medical Education Board, and inserting in its place the following:
'20-3-511.

With the concurrence of the State Medical Education Board, the Department of Community Health shall employ and provide for the compensation of such administrative staff, including but not limited to an executive director, as is necessary to carry out the functions of the State Medical Education Board.'
SECTION 2."

Representative Channell of the lllth moved that the House agree to the Senate amendment to HB 260.

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

Y Davis, T Y Day 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
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 James Jamieson
Y Jenkins
E Jennings Y Jones Y Joyce E Kaye Y Lane Y Lewis YLord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee E McCall Y McCUnton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller
CWeal Y Orrock Y Parham Y Parrish E Parsons

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

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

WEDNESDAY, FEBRUARY 9, 2000

515

On the motion, the ayes were 154, nays 0.
The motion prevailed.
HB 670. By Representatives Harbin of the 113th, Golick of the 30th, Channell of the lllth, Graves of the 125th and Parrish of the 144th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards.
The following Senate substitute was read:
A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, so as to provide for required information to be provided on certain health policy insurance cards; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions governing insurance generally, is amended by adding immediately following Code Section 33-24-57, relating to certain prohibitions on health insurance coverage termination, a new Code section to read as follows:
"33-24-57.1.
(a) As used in this Code section, the term:
(1) 'Health policy" means any health care plan, dental plan, subscriber contract, or other policy plan or contract by whatever name called, including without limitation any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45; other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a hospital indemnity policy, a limited accident policy, or other type of limited accident and sickness policy.
(2) 'Insurer' means a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance corporation, provider sponsored health care corporation, any similar entity authorized to issue contracts under this title, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45.

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JOURNAL OF THE HOUSE

(b) Each insurer writing a health policy in this state shall provide subscribers of such policies with an insurance identification card, which shall, at a minimum, contain the following preprinted, not handwritten, information:
(1) The subscriber's name and:

(A) The names of all other persons included under the subscriber's coverage; or
(B) If a separate card is issued for each person included under the subscriber's coverage, the name of the covered person for whom such card is issued may be listed in lieu of the information required by subparagraph (A) of this paragraph;
(2) The subscriber's identification number;
(3) The group number, if applicable;
(4) The effective date of coverage;
(5) The name of the subscriber's primary care physician, if applicable;
(6) The name of the subscriber's insurer, the name of the health plan, and the plan type or product name, if applicable;
(7) The address of the office where claims are to be filed;
(8) The insurer's contact phone numbers and the phone number for coverage confirmation and preauthorization, if applicable;
(9) The policy's requirements as to copayments, coinsurance payments, or deductibles, as applicable; and
(10) Either the name of the primary hospital and of the laboratory and radiology services to be used or a toll-free or local telephone number for contacting the health plan and obtaining such information. Such a toll-free or local telephone number shall be available to health care providers and consumers to obtain eligibility and coverage information from at least 7:00 A.M. until 9:00 P.M. daily on Monday through Friday, whether staffed by a live person or via an automated phone-line basis.
(c) Any insurance identification card which contains the information required by subsection (b) of this Code section in preprinted form may, at the option of the insurer, additionally contain at least such information encoded on a magnetic strip or other electronic memory card.
(d) In addition to the information required by subsection (b) of this Code section, each insurance identification card provided under this Code section shall contain prescription drug coverage information, if applicable. Information provided pursuant to this subsection shall include:
(1) BIN number;
(2) Processor control number, if applicable; and
(3) Pharmacy help desk telephone number and names.

WEDNESDAY, FEBRUARY 9, 2000

517

(e) So as to ensure that insurance identification cards issued under this Code section contain accurate and updated information, each insurer shall provide each subscriber with a new insurance identification card whenever any information required to be on the card is changed not later than 60 days after such change becomes effective. If the insurer issues annual renewal cards, it may issue a temporary sticker containing the new information in lieu of issuing a new card prior to the annual renewal date. Such sticker shall be so designed that it can be attached to the existing card."
SECTION 2.
This Act shall become effective on July 1, 2000, and shall apply to all policies issued, delivered, issued for delivery, or renewed on or after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 113th moved that the House agree to the Senate substitute to HB 670.

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 N Burkhalter YByrd Y Callaway Y Campbell
YCash 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
YDix Y Dixon Y Dodson Y Dukes
Y Ehrhart YEpps Y Evans Y Everett Y Felton
Floyd Y Franklin
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 Jaxnieson Y Jenkins E 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 E McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris
Y Mosley Y Mueller Y OTSTeal
YOrrock Y Parham
Y Parrish E Parsons

Y Pelote Y Pinholster YPoag
Y Ponder Y Porter Y Powell Y Purcell Y Bagas
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 YShaw YShipp 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 Snow
E Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Y Tillman Y Tolbert
Trense
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 162, nays 1. The motion prevailed.

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Representative Burkhalter of the 41st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Due to a mechanical malfunction, the vote of Representative Floyd of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 171. By Representatives Pelote of the 149th, Orrock of the 56th, Campbell of the 42nd, Trense of the 44th, Stephens of the 150th and others: A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to provide that the Department of Education shall establish a course of rape prevention and personal safety; to encourage the Board of Regents of the University System of Georgia to adopt a similar course.
The following Senate substitute was read: A BILL
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, so as to require the State Board of Education to develop a rape prevention and personal safety education program for grade 8 through grade 12; to provide that local boards of education may implement such program; to require the state board to make information regarding such program available to the Board of Regents of the University System of Georgia; to provide for related 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 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs, is amended by inserting at the end thereof the following:
"20-2-314.
The State Board of Education shall develop, with input from appropriate experts and rape crisis centers and by the start of the 2000-2001 school year, a rape prevention and personal safety education program for grade 8 through grade 12 which is consistent with the core curriculum provided for in Code Section 20-2-140. Local boards may implement such a program at any time and for any grade level it finds appropriate, and the state board shall encourage the implementation of such program. In addition, the state board shall make information regarding such program available to the Board of Regents of the University System of Georgia."
SECTION 2.
This Act shall become effective on July 1, 2000.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 9, 2000

519

Representative Pelote of the 149th moved that the House agree to the Senate substitute to HB 171.

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 Y Bunn Y Burkhalter Y Byrd Y Callaway
Campbell Y Cash Y Channell Y Childers
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
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton
Floyd Y Franklin
Golick Graves Y Greene Y Grindley Y Hammontree Y Banner 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 Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins E 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 E McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y Cmeal Y Orrock Y Parham Y Parrish E Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall YRay
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
Smyre Y Snelling Y Snow E Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Taper 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 Wiles Y Williams, J Williams, R Y Wix Y Yates Murphy, Spin-

On the motion, the ayes were 153, nays 0.
The motion prevailed.
Due to a mechanical malfunction, the vote of Representative Floyd of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 Senate amendments were read:

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Senate Amendment No. 1
Amend HB 496 by inserting the words "knowingly and" immediately before the word "willfully" on line 19 of page 1.
By inserting the words "knowingly and" immediately before the word "willfully" on line 40 of page 3 and line 30 of page 9.

Senate Amendment No. 2

Amend HB 496 by striking "1999" on page 11, line 2 and adding "2000".

Representative Martin of the 145th moved that the House agree to the Senate amendments to HB 496.

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
Bames 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 YByrd 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 YDix Y Dixon Y Dodson Y Dukes Y Ehrhart YEpps Y Evans Y Everett Y Felton
Floyd Y Franklin
Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

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

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

Y Smith, L.R
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow E Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tblbert YTrense
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, Spin-

On the motion, the ayes were 159, nays 0. The motion prevailed.

WEDNESDAY, FEBRUARY 9, 2000

521

Due to a mechanical malfunction, the vote of Representative Floyd of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 597. By Representatives Hammontree of the 4th and Shanahan of the 10th:
A bill to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices.

The following Senate substitute was read: A BILL
To amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, so as to require clerks of superior courts to maintain and make readily available to the public printed copies of the real estate grantor and grantee indices updated regularly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to duties of clerks of superior courts, is amended by striking subsection (b) in its entirety, and inserting in its place the following:
"(b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized recordkeeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of superior court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. Regardless of the automated or computerized system elected, each clerk shall maintain and make readily available to the public, complete, printed copies of the real estate grantor and grantee indices updated regularly, prepared in compliance with paragraph (15) of subsection (a) of Code Section 15-6-61 and Code Section 15-6-66."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

Representative Hammontree of the 4th moved that the House agree to the Senate substitute to HB 597.

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
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!

522
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 YDay
Dean Y DeLoach, B Y DeLoach, G Y 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

JOURNAL OF THE HOUSE

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

Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee E 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 E 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
Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y 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 E Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Tolbert Y Trense Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the motion, the ayes were 158, nays 0.
The motion prevailed.
Due to a mechanical malfunction, the vote of Representative Floyd of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 981. By Representative Floyd of the 138th: A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Farrow Baker, Mr. Randy Yawn, Mr. H. H. Dimery, and Mr. Rooney Bowen III and inviting the cooking team to appear before the House of Representatives.
HR 982. By Representatives Stuckey of the 67th, Stokes of the 92nd, Teper of the 61st and McBee of the 88th: A resolution commending Danielle Sered on being named a Rhodes Scholar and inviting her to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:

WEDNESDAY, FEBRUARY 9, 2000

523

HR 983. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution expressing regrets at the passing of Dr. F. Leslie Long.

HR 984. By Representative Twiggs of the 8th: A resolution commending the Towns County Lions Club.

HR 985. By Representatives Purcell of the 147th and Barnard of the 154th:
A resolution commending Honorable Hermon Butler, Sr., Probate Judge of Bryan County.

HR 986. By Representative Purcell of the 147th:
A resolution expressing regrets at the passing of Honorable Charles Frederick Warnell, Sr.

HR 987. By Representative Purcell of the 147th: A resolution commending Ms. Rachael Jackson.

HR 988. By Representative Purcell of the 147th: A resolution recognizing and commending Honorable Thomas Snooks.

HR 989. By Representative Purcell of the 147th: A resolution commending the Clyo Methodist Church.

HR 990. By Representatives Murphy of the 18th and Tolbert of the 25th: A resolution recognizing and commending Joe L. Griffeth, M.D.

HR 991. By Representatives Day of the 153rd, Twiggs of the 8th, Jenkins of the 110th, Whitaker of the 7th, Coleman of the 142nd and others:
A resolution commending the Chatham County Police Department.

HR 992. By Representative Birdsong of the 123rd: A resolution commending Nattie Lee Whipple.

HR 993. By Representative Dukes of the 161st:
A resolution honoring the life of Mrs. Phyllis C. McKendrick and expressing regret at her passing.

HR 994. By Representative Squires of the 78th: A resolution commending Eagle Scout Jesse Clifford Woodward TV.

HR 995. By Representatives Snow of the 2nd, Murphy of the 18th, Walker of the 141st and Skipper of the 137th:
A resolution recognizing and commending Allison S. Morris for her outstanding service on behalf of Georgia's consumers.

HR 996. By Representatives Sims of the 167th and Murphy of the 18th:
A resolution commending Trooper First Class Lisa Stocks of the Georgia State Patrol.

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JOURNAL OF THE HOUSE

HR 997. By Representatives Sims of the 167th and Murphy of the 18th: A resolution honoring the life of Deputy Almond Merritt of the Coffee County Sheriffs Department and expressing condolences to his family.
HR 998. By Representatives Sims of the 167th, Byrd of the 170th and Murphy of the 18th: A resolution honoring the life of Patrolman James Bryant of the Broxton Police Department and expressing condolences to his family.
HR 999. By Representative Sims of the 167th: A resolution commending the Coffee County Sheriffs Department.
HR 1000. By Representative Sims of the 167th: A resolution commending the Broxton Police Department.
HR 1001. By Representative Sims of the 167th: A resolution commending Agent Greg Harvey of the Georgia Bureau of Investigation.
HR 1002. By Representative Sims of the 167th: A resolution commending Captain Kenny Hancock of the Georgia State Patrol.
HR 1003. By Representative Sims of the 167th: A resolution commending the Douglas Police Department.
HR 1004. By Representative Sims of the 167th: A resolution commending the Georgia Bureau of Investigation.
HR 1005. By Representative Childers of the 13th: A resolution recognizing and commending Dr. Priscilla Bennett.
HR 1006. By Representatives Scarlett of the 174th and Pinholster of the 15th: A resolution expressing condolences upon the passing of Mr. A.Z. Johnson.
HR 1007. By Representative Tillman of the 173rd: A resolution commending the Liberty County Branch of the National Association for the Advancement of Colored People (NAACP).
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 926. By Representatives Taylor of the 134th, Stanley of the 49th, Mobley of the 69th, Sinkfield of the 57th, Hugley of the 133rd and others: A resolution recognizing Delta Sigma Theta and declaring February 14, 2000, as Delta Sigma Theta Day; and inviting representatives to appear before the House of Representatives.

WEDNESDAY, FEBRUARY 9, 2000

525

HR 942. By Representatives Reece of the llth, Smith of the 12th and Childers of the 13th: A resolution commending Coosa High School's Technology Education Program and inviting Advisor Alien Gossett and Technology Student Association President B.J. Albert to appear before the House of Representatives.
HR 977. By Representatives Randall of the 127th, Hugley of the 133rd, Dukes of the 161st, Taylor of the 134th, Heard of the 89th and others: A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting South Atlantic regional Director Sonja Garcia to appear before the House of Representatives.
HR 809. By Representative Rogers of the 20th: A resolution commending Brenau University's Golden Tiger tennis team on winning the 1999 NAIA National Championship and inviting the team and Coach Rogers to appear before the House of Representatives.
HR 839. By Representatives Borders of the 177th, Shaw of the 176th and Reaves of the 178th: A resolution commending the Valwood School football team and inviting the team and the coaches to appear before the House of Representatives.
HR 886. By Representatives Pelote of the 149th, McKinney of the 51st and Tillman of the 173rd: A resolution commending Zeta Phi Beta Sorority and inviting representatives to appear before the House of Representatives.
HR 433. By Representatives Heard of the 89th, Watson of the 70th and Roberts of the 162nd: A resolution commending Dwayne Robinson and inviting him to appear before the House of Representatives.
The following Resolution of the Senate was read and adopted:
SR 524. By Senator Thompson of the 33rd: A resolution recognizing and commending Home Depot for its environmental leadership.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 872. By Representatives Byrd of the 170th and Coleman of the 142nd: A resolution commending the Telfair County Lady Trojans softball team and inviting the team and its coaches to appear before the House of Representatives.

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JOURNAL OF THE HOUSE

HR 924. By Representative Byrd of the 170th:
A resolution commending the Appling County Comprehensive High School Lady Pirate softball team and inviting the team and coaches to appear before the House of Representatives.

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 851 Do Pass
Respectfully submitted, Is/ Sinkfield of the 57th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

HB 1151 Do Pass, by Substitute HB 1251 Do Pass, by Substitute SB 38 Do Pass HB 1290 Do Pass, by Substitute

HB 1323 Do Pass, by Substitute

Respectfully submitted, Is! Hudson of the 156th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 878 Do Pass, by Substitute SB 126 Do Pass

WEDNESDAY, FEBRUARY 9, 2000

527

Respectfully submitted, /s/ Lucas of the 124th
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 Thursday, February 10, 2000

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

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

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

Cummings Davis, T Day DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Evans Everett Felton Floyd Franklin Graves Greene Hammontree Harbin Harrell Heard Hegstrom Hembree Holland Houston Howard Hudgens Irvin

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

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

Smith, P Smith, T Smith, V Snelling Snow Stancil Stanley-Turner Stephens Stokes Stuckey Taylor E Teague Teper Tillman Turnquest Twiggs Unterman Walker, R.L 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 Golick of the 30th, Powell of the 23rd, Williams of the 83rd, Trense of the 44th, Hugley of the 133rd, Reed of the 52nd, Anderson of the 116th, Parham of the 122nd, Jackson of the 148th, Smyre of the 136th, Hudson of the 156th, Watson of the 70th, Jenkins of the 110th, Maddox of the 72nd, Squires of the 78th, Borders of the 177th, Porter of the 143rd, Jones of the 71st, James of the 140th, Dix of the 76th, McClinton of the 68th, Alien of the 117th, Mann of the 5th, Stanley of the 49th, Cooper of the 31st, Heckstall of the 55th, Shaw of the 176th, Poag of the 6th, Hudson of the 120th, Lucas of the 124th, Sinkfield of the 57th, Hanner of the 159th, Tolbert of the 25th and Davis of the 60th.
They wish to be recorded as present.
Prayer was offered by Dr. Henry T. Blackaby, Henry Blackaby Ministries, Kennesaw, Georgia.

THURSDAY, FEBRUARY 10, 2000

529

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 1406. By Representatives Trense of the 44th, Sinkfield of the 57th and Smith of the 103rd: A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide additional methods to remove county directors and district directors; to change the method of appointing district directors and county directors; to provide for annual reports and for appearances to answer certain questions.
Referred to the Committee on Children and Youth.
HB 1407. By Representatives Wiles of the 34th, Sauder of the 29th, Ehrhart of the 36th, Grindley of the 35th, 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; to change the provisions relating to the compensation of assistant solicitors.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1408. By Representatives Buck of the 135th, Sims of the 167th, Heard of the 89th, Channell of the lllth, Smyre of the 136th and others: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to allocation and apportionment of income with respect to income taxation regarding corporations, so as to provide for the comprehensive revision of the allocation and apportionment formulas applicable where

530

JOURNAL OF THE HOUSE

net business income is derived principally from the manufacture, production, or sale of tangible personal property.

February 9, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1408. This notice is made prior to or upon reading the bill the first time.

Isl T. B. Buck Representative 135th District
Referred to the Committee on Ways & Means.
HB 1409. By Representatives Lane of the 146th, Morris of the 155th, Poag of the 6th and Stokes of the 92nd: A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to define a certain term; to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife under certain circumstances where such action is otherwise prohibited by law.
Referred to the Committee on Game, Fish & Parks.
HB 1410. By Representatives Porter of the 143rd and Coleman of the 142nd: A bill to amend an Act providing for the Magistrate Court of Laurens County, so as to change the provisions relating to the term of a magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1411. By Representatives Porter of the 143rd, Smyre of the 136th and Channell of the lllth: A bill to amend Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, so as to provide for such funding through the Department of Community Health; to amend Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce membership, so as to change the manner of employing administrative staff.
Referred to the Committee on Higher Education.
HB 1412. By Representative Richardson of the 26th: A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to require the Department of Corrections to notify the sentencing judge, sheriff, and victims when an inmate is released.
Referred to the Committee on State Institutions & Property.

THURSDAY, FEBRUARY 10, 2000

531

HB 1413. By Representatives Hanner of the 159th, Coleman of the 142nd, Royal of the 164th, Shaw of the 176th, Skipper of the 137th and others:
A bill to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to revise and change certain provisions regarding grants and other disbursements of funds; to provide for procedures, conditions, and limitations with respect to certain loans; to create the state community development program.
Referred to the Committee on Appropriations.

HB 1414. By Representatives Barnard of the 154th, DeLoach of the 172nd, Walker of the 141st and Crawford of the 129th:
A bill to amend Code Section 42-8-100 of the Official Code of Georgia Annotated, relating to agreements between chief judges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services, so as to provide that a certain contract for probation services in a county in existence on July 1, 2000, or entered into on or after such date shall be terminated only by the chief judge of the court which entered into the contract and in accordance with the agreed upon, written provisions of such contract.
Referred to the Committee on Judiciary.

HB 1415. By Representatives Millar of the 59th, Watson of the 70th, Maddox of the 72nd, Mobley of the 69th, McClinton of the 68th and others:
A bill to amend an Act providing for a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase-in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to eliminate the income limitation; to authorize senior citizens who are 65 years of age or older to qualify for such exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1416. By Representatives West of the 101st, Stallings of the 100th, Royal of the 164th, Walker of the 141st, Reece of the llth and others:
A bill to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, so as to provide an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers.

February 9, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1416. This notice is made prior to or upon reading the bill the first time.

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Is/ Jack E. West Representative 101st District
Referred to the Committee on Ways & Means.
HB 1417. By Representatives Shanahan of the 10th, Murphy of the 18th, Royal of the 164th, Walker of the 141st, Birdsong of the 123rd 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 provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans of the armed forces of the United States who have been awarded the Purple Heart citation.
February 9, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1417. This notice is made prior to or upon reading the bill the first time.
Is/ Tom E. Shanahan Representative 10th District
Referred to the Committee on Ways & Means.
HB 1418. By Representatives Buck of the 135th, Sims of the 167th and Heard of the 89th: A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxes, so as to change certain provisions with respect to the definition of sales price.
February 9, 2000
Mr. Clerk: Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned
makes notice of a motion to engross House Bill 1418. This notice is made prior to or upon reading the bill the first time.
/s/ Thomas B. Buck Representative 135th District
Referred to the Committee on Ways & Means.

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HB 1419. By Representatives Stanley of the 50th, Shanahan of the 10th, Alien of the 117th, Stanley of the 49th, Randall of the 127th and others:
A bill to amend Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities, so as to authorize housing authorities to create for profit subsidiary corporations to participate in certain financing.
Referred to the Committee on State Planning & Community Affairs.

HB 1420. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th, Wiles of the 34th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1421. By Representative Teague of the 58th: A bill to create the South Fulton Municipal Regional Water and Sewer Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1422. By Representatives Sinkfield of the 57th, Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Murphy of the 18th 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 Child Advocate in the office of the Governor; to provide for administrative assignment; to provide for staff and personnel; to provide for contracts; to provide for duties, rights, and powers; to hold harmless certain persons from certain losses; to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records.
Referred to the Committee on Children and Youth.

HB 1423. By Representatives McCall of the 90th, Walker of the 141st, Buck of the 135th, Smyre of the 136th, Reichert of the 126th and others:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain terms; to provide that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality; to amend Code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section.
Referred to the Committee on Natural Resources & Environment.

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HB 1424. By Representative Bordeaux of the 151st: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales by certain nonprofit associations.
Referred to the Committee on Ways & Means.

HB 1425. By Representatives Cummings of the 27th, Murphy of the 18th and Richardson of the 26th: A bill to provide for an additional judge of the superior court of the Tallapoosa Judicial Circuit.
Referred to the Committee on Judiciary.

HR 1008. By Representatives Rogers of the 20th, Murphy of the 18th, Connell of the 115th, Twiggs of the 8th and Coleman of the 142nd: A resolution designating the Howard T. Overby National Guard Armory in Gainesville.
Referred to the Committee on Defense & Veterans Affairs.

HR 1009. By Representative Rogers of the 20th: A resolution compensating Mr. Raymond Woody.
Referred to the Committee on Appropriations.

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

HB 1391 HB 1392 HB 1393 HB 1394 HB 1395 HB 1396 HB 1397 HB 1398 HB 1399 HB 1400 HB 1401 HB 1402 HB 1403

HB 1404 HB 1405 HR 979 HR 980 SB 318 SB 327 SB 343 SB 347 SB 377 SB 383 SB 389 SR 204

Pursuant to Rule 52, Representative Birdsong of the 123rd moved that the following Bill of the House be engrossed:
HB 1391. By Representatives Birdsong of the 123rd, Smith of the 109th, Murphy of the 18th, Walker of the 141st, Buck of the 135th and others: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the definition of the term "employee"; to provide that a member of the State Defense Force serving on state active duty in certain circumstances is an employee; to

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change the definition of the term "injury"; to provide that an injury arising in the course of employment includes any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty.
The motion prevailed.

Pursuant to Rule 52, Representative Shanahan of the 10th moved that the following Bill of the House be engrossed:
HB 1401. By Representative Shanahan of the 10th: A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE scholarships and grants, so as to change the definition of an eligible secondary school.
The motion prevailed.

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

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1234 Do Pass, as Amended SB 95 Do Pass, by Substitute
Respectfully submitted, lei Childers of the 13th
Chairman

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

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1362 Do Pass, by Substitute
Respectfully submitted, lal Hanner of the 159th
Chairman

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

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Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1339 Do Pass HB 1383 Do Pass
Respectfully submitted, /s/ Dixon of the 168th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - 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 1288 Do Pass HB 1347 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman
Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1215 Do Pass, by Substitute HB 1375 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 10, 2000

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537

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:
HB 1187 A Plus Education Reform Act of 2000; enact
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 1288. By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th, Manning of the 32nd, Parsons of the 40th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to add an additional judge to the second division of the State Court of Cobb County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1347. By Representative Dukes of the 161st:
A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education districts in said county.
The following Committee substitute was read and adopted:
A BILL
To amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3917), so as to reapportion the education districts in said county; to provide for submission; 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.
An Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3917), is amended by striking subsection (a) of Section 1 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Effective January 1, 2001, for the purpose of electing members of the board of education, Miller County is divided into five education districts which correspond with Miller County's five commissioner districts. The five education districts shall be and correspond to those five numbered districts described in the attachment hereto which is incorporated in and made a part of this Act and further identified as 'client: miller operator: local plan: millerccsbOO'."
SECTION 2.
It shall be the duty of the attorney for the board of education of Miller County to submit this Act to the Attorney General of the United States for review under the federal Voting Rights Act of 1965, as amended. It shall be the duty of the county to direct and ensure that such submissions are made by such attorney. It shall be the duty of such attorney and the county to ensure that such submission has been completed as soon as practical after the Governor approves this Act or after it becomes law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
District No. 1
MILLER Tract: 9501. 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, 136, 137, 138 Tract: 9502. Block: 101, 135, 142A, 143A, 401, 402, 403, 404, 405, 406, 407, 408A, 408B, 409, 410, 415, 416, 418, 419, 421, 422, 423, 424, 425, 426, 431, 436, 437, 438, 445
District No. 2
MILLER Tract: 9501. Block: 130, 131, 132, 133, 134, 135, 139, 140, 141, 142, 143, 144, 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, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9502. Block: 204B, 205, 206, 207, 265, 268, 269, 270, 272, 273, 274, 275, 276, 277, 278, 279, 281, 282, 283, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 301, 302B, 325B, 327B, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 411B

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District No. 3
MILLER Tract: 9502. Block: 203B, 208, 209, 210B, 213, 221B, 222B, 223, 224, 225, 226, 227, 228, 229B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 266, 267, 271, 280, 284, 296, 297 Tract: 9503. Block: 146, 148, 149, 150, 151, 176, 177, 201, 202, 203, 204, 210, 211, 212, 213, 214, 215, 217, 218, 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, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263
District No. 4
MILLER Tract: 9502. Block: 122A, 146A, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 166A, 173A, 174, 175, 201, 202, 203A, 204A, 210A, 211, 212, 214, 215, 216, 217, 218, 219, 220, 221A, 222A, 229A, 230, 302A, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325A, 326, 327A, 411A, 412, 413, 414, 417, 420, 427, 428, 429, 430, 432, 433, 434, 435, 439, 440, 441, 442, 443, 444
District No. 5
MILLER Tract: 9502. Block: 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122B, 122C, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 136, 137, 138, 139, 140, 141, 142B, 143B, 144, 145, 146B, 164, 165A, 165B, 166B, 167, 168, 169, 170, 171, 172, 173B Tract: 9503. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 147, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 205, 206, 207, 208, 209, 216, 219
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 96, nays 4.
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:

540 Mr. Speaker:

JOURNAL OF THE HOUSE

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 537. By Senators Polak of the 42nd, Ladd of the 41st, Stokes of the 43rd and others: A resolution recognizing and commending Scoutmaster Josiah V. Senator.

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 295. By Senators Hecht of the 34th, Lee of the 29th, Polak of the 42nd and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to require each local governing authority to prepare and compile a general codification of all ordinances of such local governing authority having the force and effect of law; to provide for amendments; to provide for printing and distribution; to establish the State Law Library as the official state repository of such codes; to provide for related matters.
SB 330. By Senators Ragan of the llth, Meyer von Bremen of 12th, Blitch of the 7th and Jackson of the 50th:
A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to authorize the Commissioner of Agriculture to establish, impose, and collect fees for certain services rendered by the Department of Agriculture pursuant to certain federal laws and regulations.
SB 390. By Senators Fort of the 39th, Kemp of the 3rd, Smith of the 25th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought.
HB 1141. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to change the provisions relating to the rights and powers of cooperative marketing associations and their boards of directors.

THURSDAY, FEBRUARY 10, 2000

541

HB 1297. 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, Georgia, so as to change certain provisions regarding the establishment of tax and service districts; to change certain provisions regarding the levy and collection of ad valorem taxes within such districts.
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 30. By Senators James of the 35th and Butler of the 55th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators James of the 35th, Madden of the 47th and Brown of the 26th.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 295. By Senators Hecht of the 34th, Kemp of the 3rd, Lee of the 29th and others: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to require each local governing authority to prepare and compile a general codification of all ordinances of such local governing authority having the force and effect of law; to provide for amendments; to provide for printing and distribution; to establish the State Law Library as the official state repository of such codes; to provide for related matters.
Referred to the Committee on State Planning & Community Affairs.
SB 330. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and others: A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to authorize the Commissioner of Agriculture to establish, impose, and collect fees for certain services rendered by the Department of Agriculture pursuant to certain federal laws and regulations.

542

JOURNAL OF THE HOUSE

Referred to the Committee on Agriculture & Consumer Affairs.

SB 390. By Senators Fort of the 39th, Kemp of the 3rd, Smith of the 25th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought.

February 10, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross Senate Bill 390. This notice is made prior to or upon reading the bill the first time.

Referred to the Committee on Judiciary.

lei Nan Grogan Orrock Representative 56th District

Representative Mills of the 21st 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 1017. By Representatives Parham of the 122nd and Franklin of the 39th: A resolution commending and inviting Ryan Patrick McDonel to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th, Jamieson of the 22nd, Porter of the 143rd and others:
A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 of the Official

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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.

Representative Walker of the 141st moved to limit debate on HB 1187 to ten minutes except for the presenter, chairman of the committee and the first signer of the minority report.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion, the ayes were 73, nays 74. The motion was lost.
Representative Howard of the 118th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Committee substitute was read:

544

JOURNAL OF THE HOUSE

A BILL
To enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-15 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 regional offices of the Department of Education; to provide for certain reports and actions to be taken in response to a finding of accounting irregularities or budget deficits of a local school system or school; to repeal Article 4 of said chapter, relating to local school trustees; to provide for the establishment of school councils and for their composition and duties; to make certain findings with respect to the Quality Basic Education Program; to provide for goals for the "Quality Basic Education Act"; to change provisions relating to high school programs authorized for funding under the "Quality Basic Education Act"; to provide for an early intervention program for students in grades kindergarten through three who are performing below grade level; to change provisions relating to the grade level of students served in the remedial education program; to repeal provisions regarding the in-school suspension program administered by the State Board of Education; to change provisions relating to the funding of the program for limited-English-proficient students; to provide for an extended day program for students in grades nine through 12; to repeal certain provisions relating to the allotment of state funds to local school systems based on full-time equivalent student program counts; to change the program weights for the instructional programs funded under the "Quality Basic Education Act," provide for additional instructional programs, and provide for teacher-student ratios for each such program; to change provisions relating to state funds provided to pay the salaries of certificated professional personnel of local school systems; to require the Governor to appoint a task force to review the program weights used in the Quality Basic Education Formula; to change provisions relating to the midterm adjustment of the amount of state funds provided under the Quality Basic Education Formula; to change provisions relating to local fair share funds; to change provisions relating to equalization grants provided under the"Quality Basic Education Act"; to change provisions relating to state funding for direct instructional, media center, and staff development costs; to provide for the collection of information by the State Board of Education for the computerized uniform budget and accounting system; to change provisions relating to the base school size used to calculate program weights in the Quality Basic Education Formula; to change provisions relating to the calculation of program weights based on payment of salaries and benefits and funds for staff and professional development; to change provisions relating to the maximum class size for instructional programs; to change provisions relating to state funds provided to pay the salaries of local school superintendents, assistant superintendents, secretaries, accountants, and principals; to provide for state funding for the salaries of school nurses; to change provisions relating to the base size of a local school system used to calculate program weights in the Quality Basic Education Formula; to provide that a local school system shall not qualify for certain funds under the Quality Basic Education Formula if it fails to implement certain interventions prescribed by the State Board of Education; to change provisions relating to the granting of certificates by the Professional Standards Commission; to require students in postsecondary teacher preparation programs to be proficient in computer and instructional technology applications and skills; to provide that in-service programs conducted by local units of administration shall address skills of certificated personnel that directly relate to improving student achievement; to provide for annual teacher evaluations to be conducted prior to contract renewal; to change the provisions relating to annual contracts for certificated professional personnel; to provide for fingerprinting and criminal record investigations of all personnel employed by a local unit of administration; to change provisions relating to the payment of personnel holding certificates from the Professional Standards Commission according to a state-

THURSDAY, FEBRUARY 10, 2000

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wide minimum salary schedule; to change provisions relating to the salary increase granted to certain persons holding a certificate from the National Board for Professional Teaching Standards; to provide for state funding of salary increases based upon a determination of an insufficient supply of qualified teachers in mathematics, science, special education, or foreign language and provide for certain annual reports relating thereto; to repeal provisions relating to salary supplements for administrators and other education personnel; to provide for salary supplements to be paid to principals and direct the State Board of Education to establish a salary schedule for principals; to change provisions relating to the duty-free lunch period for certain teachers employed in grades kindergarten through five; to repeal a reporting requirement relating to the Georgia Education Leadership Academy; to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents; to change the provisions relating to capital outlay funding under the "Quality Basic Education Act"; to comprehensively revise provisions relating to regional educational service agencies; to require all local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions to be a member of a regional educational service agency; to provide for the status of such regional agencies and their employees with respect to taxation; to provide for the immunity from liability of the employees and volunteers of such regional agencies; to provide for additional duties of such regional agencies, including the preparation of regional plans, the provision of core services to its member schools and school systems, and the development of programs for nontraditional alternative routes to teacher certification; to change provisions relating to the composition of the boards of control of such regional agencies; to authorize such regional agencies to acquire, hold, and dispose of property and incur certain debt; to provide for audits of such regional agencies by the Office of Education Accountability; to change provisions relating to grants of state funds to such regional agencies; to repeal provisions relating to the preparation of long-term strategic plans by the State Board of Education and local boards of education; to change provisions relating to the testing of elementary and secondary students; to provide for end-ofcourse testing of students in grades nine through 12; to provide for the development of study guides by the Department of Education; to provide for staff development programs for teachers in grades one through 12 on the use of tests; to repeal provisions relating to comprehensive evaluations of public schools, local school systems, and regional educational service agencies; to repeal provisions relating to corrective action plans for nonstandard local units of administration and schools; to repeal provisions relating to the Council for School Performance; to change provisions relating to middle school grants; to authorize students to attend a school outside of the attendance zone or school district in which they reside under certain circumstances and provide for state funding thereof; to change provisions relating to development of a state-wide comprehensive educational information network; to require the Board of Regents of the University System of Georgia, the Office of School Readiness, and the Professional Standards Commission to maintain individual data records on certain persons and provide for authorized access to such data; to repeal Part 2 of Article 7 of said chapter, relating to additional state aid to school districts where parents live or work on state property; to repeal Part 3 of Article 7 of said chapter, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions; to change the age at which children are required to attend school; to provide for the application of mandatory education requirements to children between ages six and 16 who are assigned to alternative public school programs and to the parents, guardians, or other persons having control or charge of such children; to change the policy of the state regarding the assignment of students to in-school suspension; to change provisions relating to the placement of a student following his or her removal from the classroom by a teacher; to change provisions relating to reports by local boards of education of student disciplinary and placement actions; 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 change provisions relating to alternative education programs; to provide for the voluntary preenrollment of children at two years of age with local boards of educa-

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tion in order to ensure compliance with age specific immunizations; to direct the State Board of Education to promulgate rules for a school nurse program; to provide that a person who first becomes a teacher on or after July 1, 2000, shall not acquire certain rights with respect to continued employment; to change the penalty for the prohibition against students' carrying pagers or electronic communication devices at school; to authorize the State Board of Education to grant state charters for special schools to certain charter school petitioners; to provide that the State Board of Education may require a local referendum regarding the use of local bonded indebtedness and school tax levies to support state charter schools; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change provisions relating to the eligibility requirements for a HOPE scholarship at a public postsecondary institution, a HOPE grant at a branch of the Department of Technical and Adult Education, and a PROMISE teacher's scholarship; to change the type of costs to which a HOPE scholarship or HOPE grant may be applied; to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to authorize such board to approve requests by certain postsecondary technical schools, programs, or institutions to be named technical colleges and to submit certain requests for funding; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the creation and duties of an Education Coordinating Council and an Office of Education Accountability; to make certain findings with respect to the Education Coordinating Council; to provide for the composition, meetings, staff, powers, and duties of the Education Coordinating Council; to provide for a certain delegation of authority by the director of the budget to the Education Coordinating Council; to create the Office of Education Accountability and provide for its powers and duties; to provide for the appointment and duties of the director of the Office of Education Accountability; to provide for reports to be made by the Office of Education Accountability to the Education Coordinating Council; to direct the Office of Education Accountability to create and implement an accountability assessment program for students in grades kindergarten through 12, subject to the approval of the Education Coordinating Council; to provide for indicators of student achievement and school improvement; to provide for the establishment of individual school ratings and the preparation of school report cards by the Office of Education Accountability; to provide for audits of schools by said office; to provide for financial and other awards to recognize schools and school systems that demonstrate certain progress or success; to provide for the funding and payment of financial bonuses to certain school personnel; to provide for the recommendation, by said office, and the prescription, by the State Board of Education, of actions to be taken with respect to schools with low student performance; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education with respect to a postsecondary accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Office of School Readiness with respect to a pre-kindergarten accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Professional Standards Commission with respect to an education work force accountability assessment program; to amend the Official Code of Georgia Annotated to correct certain references and provide editorial revisions; 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 "A Plus Education Reform Act of 2000."

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SECTION 2.
Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by 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 abortionr; or
(E) Brought by a local board of education pursuant to Code Section 20-2-766.1."
SECTION 3.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 1, relating to the State Board of Education, by adding at the end thereof a new Code Section 20-2-20 to read as follows:

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The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in Code Section 20-2-270, and all employees of such regional offices shall be employees of the Department of Education."
SECTION 4.

Said chapter is further amended by striking in its entirety Code Section 20-2-67, relating to monthly reports by a local board of education that is subject to a corrective action plan for a budget deficit, which reads as follows:
"20-2-67.

(a) The local system superintendent employed by any local school system which is required to submit to the Department of Education a corrective action plan as provided in Code Section 20-2-283 designed to correct a budget deficit for such local system shall, from the time such deficit is discovered until the time it is eliminated, present to each member of the local board of education for his or her review and written ac-
knowledgment a monthly report containing all anticipated expenditures by budget function for such system during the current month. The report shall be presented to board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meetings of the board of education.

(b) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is lo-
cated once a week for two weeks a statement of actual financial operations for such local school system for the preceding fiscal year. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.

(c) A copy of the actual financial operations form required to be published by subsection (a) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city governmental administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request.",
and inserting in lieu thereof a new Code Section 20-2-67 to read as follows:
"20-2-67.

(a) When an audit by the Department of Audits and Accounts finds and reports irregularities or budget deficits in the fund accounting information regarding a school within the local school system or the local school system, the Department of Audits and Accounts shall report the findings of irregularities or budget deficits to the State Board of Education and the local board of education.

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(b) The State Board of Education shall inform the superintendent of the local school system of the irregularities or budget deficits regarding a school's fund accounting information. The local school superintendent employed by the local school system is required to submit to the Department of Education a response to the findings and a corrective action plan as defined by rules and regulations adopted by the State Board of Education designed to correct the financial irregularities or budget deficits for the school or school system. From the time such irregularity or budget deficit is discovered until the time it is eliminated, the local school superintendent shall present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such school or school system during the current month. The report shall be presented to local board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meeting of the local board of education.
(c) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local schools or school system identified by the Department of Audits and Accounts as having financial irregularities. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the schools or school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.

(d) A copy of the actual financial operations form required to be published by subsection (c) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city government administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request."

SECTION 5.

Said chapter is further amended by striking and reserving in its entirety Article 4, relating to local school trustees, which reads as follows:

20-2-80.

"ARTICLE 4

The county board of education of each county may within 30 days from February 1, 1946, appoint not less than three nor more than five local school trustees for each school in the county; provided, however, the trustees of each school district as constituted prior to August 7, 1945, shall be the trustees of each school in the district until their respective terms expire. Each person so appointed shall be manifestly interested in education, and a resident of the county where he is appointed. Each person so appointed shall have a term of four years; and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise, the county board shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill the vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation.

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20-2-81.

The duties of the school trustees appointed or elected by the county board of education as provided in Code Section 20-2-80 shall be advisory in nature. They shall make recommendations to the county board as to budgets, employment of teachers and other authorized employees, and other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory, and the county board is not bound to observe or follow them."
SECTION 6.
Said chapter is further amended by inserting a new article, to be designated as Article 4A, to read as follows:
"ARTICLE 4A
20-2-85.

(a) The General Assembly recognizes the need to improve communication and participation of parents and the community in the management and operation of local schools. The General Assembly believes that parent and community support is critical to the success of students and schools. The intent of this article is to bring communities and schools closer together in a spirit of cooperation to solve difficult education problems, improve academic achievement, provide support for teachers and administrators, and bring parents into the school-based decision-making process. The establishment of school councils is intended to help local boards of education develop and nurture participation, bring parents and the community together with teachers and school administrators to create a better understanding of and mutual respect for each other's concerns, and share ideas for school improvement.
(b) The management and control of public schools shall be the responsibility of local boards of education, and the school leader shall be the principal. School councils shall provide advice, recommendations, and assistance and represent the community of parents and businesses. Each member of the council, as a community representative, shall be accorded the respect and attention deserving of such election.
20-2-86.

(a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction.
(b) The local board of education shall provide a training program to assist schools in forming a school council. Such program shall address the organization of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting pro-

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cedures, and important state and local school system program requirements and shall provide a model school council organization plan. The training program shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month of July should there be members of the school council with a term commencing on July 1 who have not previously received this training. The State Board of Education shall develop and make available a model school council training program.

(c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council, the council may, by a vote of five members of the council, withdraw such person's membership status, effective as of a date determined by the council.

(d) The property and business of the council shall be managed by seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older. Members of the school council shall include:

(1) Two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students;

(2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community;

(3) Two teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and

(4) The school principal.

An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal.

(e) Members of the council shall serve for a term of two years. The office of school councilmember shall be automatically vacated:

(1) If a member shall resign;

(2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or

(3) If a member no longer meets the qualifications specified in this Code section.

An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days. If, by a vote of five members of the council, the council believes there is not sufficient time left in the council term to elect a replacement, the vacancy shall go unfilled.

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(f) All meetings of the council shall be held at the school site. The council shall meet once a month, at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees.
(g) The principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council as required by this Code section.
(h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five affirmative votes.
(i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.
(j)(l) The officers of the council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed by resolution of the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with the term of members of the council.
(2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her by the council.
(3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be.
(k) The members of the council are accountable to the constituents they serve and shall:
(1) Maintain a school-wide perspective on issues;
(2) Regularly participate in council meetings;
(3) Participate in information and training programs;
(4) Act as a link between the school council and the community; and
(5) Encourage the participation of parents and others within the school community.
(1) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education.
(m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum.

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(n) The term of office of all councilmembers shall begin on July 1 and end on June 30 of the next succeeding year.
(o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups.
(p) The local board of education shall provide all information not specifically made confidential by law, including budget information, to the council as requested. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board.
(q) The local board of education shall receive all recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows:
(1) Notice shall be given to the community of the local board's intent to consider school council reports, recommendations, appointments, or any other decision of a school council;
(2) Written notice shall be given to the members of the school council at least seven days prior to such local board meeting, along with a notice of intent to consider a council report, recommendation, appointment, or any other decision of the council;
(3) The members of the school council shall be afforded an opportunity to present information in support of the school council's action; and
(4) A majority of the board members present, representing a quorum, vote to overturn the council decision.
The local board of education shall respond to each recommendation of the school council within 60 days after being notified in writing of the recommendation.
(r) The school principal shall have the following duties pertaining to school council activities:
(1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same;
(2) Serve as chairperson of the school council and perform all of the duties required by law and the bylaws of the council;
(3) Speak for and represent the council in all school council matters before the local board of education;
(4) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent;
(5) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and

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(6) Develop the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers.
(s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education on any matter, including but not limited to, the following:

(1) School calendar;

(2) School codes for conduct and dress;

(3) Curriculum, program goals, and priorities;

(4) The responses of the school to audits of the school as conducted by the Office of Education Accountability;
(5) Preparation and distribution to the community of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate;
(6) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council;
(7) School budget priorities, including school capital improvement plans;

(8) School-community communication strategies;

(9) Methods of reporting to parents and communities other than through the school profile;

(10) Extracurricular activities in the school;

(11) School-based and community services;
(12) Community use of school facilities;
(13) Recommendations concerning school board policies;
(14) Receiving and reviewing reports from the school principal in executive sessions regarding the performance of school personnel in achieving the school's student achievement goals; provided, however, that such sessions shall be subject to Code Section 50-14-3; and

(15) The method and specifications for the delivery of early intervention services."
SECTION 7.
Said chapter is further amended by striking in its entirety Code Section 20-2-131, relating to the objectives and purposes of the Quality Basic Education Program, and inserting in lieu thereof a new Code Section 20-2-131 to read as follows:

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555

"20-2-131.

The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character;

(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;

(3) Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure;
(4) Establishing and maintaining state-wide standards which ensure that each student has access to a quality program;
(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;

(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career;

(7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis;
(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;

(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; tend
(10) Providing an accountability system to ensure that all students are receiving a quality instructional program so that all students can achieve at their highest level;

(11) Providing a seamless education system to allow for the delivery of educational programs at all levels and the movement of students between programs and education agencies as efficiently and effectively as possible and to provide for coordination on a continuing basis between agencies responsible for education services;
(12) Providing a safe school environment so that students can learn and mature without fear of violence or intimidation;

(13) Providing access to medical services so that teachers can deliver instructional services without the added responsibility of addressing students' medical needs and so that students can receive critical medical services while at school;

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(14) Providing academic intervention programs designed to assist students who are below grade level in order to increase their mastery of critical academic knowledge and skills;
(15) Providing an alternative educational environment for those students who need a different educational structure in order to properly master critical academic knowledge and skills and to provide an environment where they can stay in school and acquire the knowledge and skills necessary for a productive life;
(16) Providing students with advice and assistance in planning their academic and work careers and achieving those goals;
(17) Providing an evaluation process for all school system personnel to assure the public that personnel are performing at acceptable levels and providing quality educational services to all students;

__________" __________i pa_______ school activities and support school personnel as they work with students and address their academic needs;
(19) Providing for parent and community participation in the establishment of school programs, policies, and management so that the school and community are connected in meaningful and productive ways and providing support for teachers and school leaders in addressing the school's needs; and
(10K20) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society
does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 20-2-132, relating to the primary goals of the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-132 to read as follows:
"20-2-132.

It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;

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(4) A decrease in the percentage of students who fail the State Baaic Skills Teat in the tenth grade Georgia High School Graduation Test;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Assessment Test (SAT); ad
(6) An increase in the number of students mastering each skill in reading, mathematics, and other subject
(7) An accountability system for education programs that measures efficiency and effectiveness and ensures that programs produce improvement in student achievement scores for all students;
(8) A comprehensive program and financial information system that provides data that allow for the accurate evaluation of program effectiveness;
(9) A seamless education system that allows students to be served in the most effective and efficient way possible;
(10) The elimination of school violence;
(11) A decrease in the percentage of students below grade level;
(12) An increase in parental and community involvement in schools;
(13) Better coordination between education agencies and other organizations providing instructional and related services to students;
(14) A more competent school work force through the effective use of evaluation tools, training, and school improvement teams that promote best practices; and
(15) More flexibility for high-performing schools so that services can be better adapted to student needs."
SECTION 9.
Said chapter is further amended by striking paragraph (4) of subsection (b) of Code Section 20-2-151, relating to general and career education programs under the "Quality Basic Education Act," and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4)(A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:
(i) The high school education program which includes general, vocational, and college preparatory elaaaca; and
(ii) The nonvoeational high school laboratory program; and
(iiiXii) The vocational laboratory program.
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvoeational high aehool lobo

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ratory and vocational laboratory programs program shall be funded at a higher levels level than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for cither the nonvocational high school laboratory or the vocational laboratory program."
SECTION 10.
Said chapter is further amended by striking in its entirety Code Section 20-2-153, relating to the special instructional assistance program for students with developmental disabilities under the "Quality Basic Education Act," and inserting in lieu thereof 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 create an early intervention 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. The kindergarten early intervention program shall serve students enrolled in grade kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. 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 cither the rcmC' dial education program or any of the special education programs shall be eligible for the apccial instructional assistance program early intervention 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 apccial inatruetional assistance program early intervention program if they meet all other criteria of this Code section. The purpose of the early intervention program shall be to provide additional instructional resources to help students who are below grade level obtain the necessary academic skills to reach grade level in the shortest possible time. The definition of below grade level shall be that as defined by the Office of Education Accountability and adopted by the Education Coordinating Council and State Board of Education. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. Students should be moved into, provided assistance, and moved out of this program. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Funding for the early intervention program shall have a full-time equivalent base class size of one teacher to 11 students. The state board ahall specify the instruments and process uaod to determine atudcnt eligibility for this program, including apccification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to bo uacd in distributing atato funda to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the rcqucat for funding by the state board. Each local school system shall annually report by grade level the number of eligible studcnta, the number of atudcnts served, the typca of services provided, and the average achievement of students served. For the first year of implementation of thia program atatc wide, the state board shall rcqucat an amount for grants to local school ayatcma baaed 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 ahall bo 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,

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the amount of funds appropriated and allocated for this program shall be baaed on the actual count of atudonta served during the preceding year. In the event that inauffi eicnt funda arc appropriated by the General Assembly to serve all eligible students in this program, any funds which arc appropriated ahull be directed toward addressing the needs of the youngoat eligible atudcnta in each local school aystom the number of students served in the early intervention programs as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 20-2-154, relating to the remedial education program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-154 to read as follows:
"20-2-154.

(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies beginning fiscal year 1992. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section:
(1) Students in grades two through four and five and grades nine through 12 may be eligible for services if they meet two or more of the following criteria:
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education;
(B) The student has been retained in the grade;
(C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Public Law 100-297);
(D) The student has been recommended by the teacher who has documented any of the following student information:
(i) Low performance in the reading series system;
(ii) Low performance in the math mathematics series; or
(iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or
(E) Current test information in the student file indicates the student has a score at or below the 36 twenty-fifth percentile; and
(2) Students in grades two through four and five and grades nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (lEP's) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies.

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No more than 25 percent of the school student population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent.
(b) The following students ahall not be eligible for the remedial education program;
(1) Students who arc receiving services under the apocial instructional aaoiotanec program aa authorized by Code Section 30 2 163; or
(2}-Students who are receiving instruction under the special education program that is designed to address their respective reading, mathematics, or writing deficiencies shall not be counted for funding for the remedial education program.
(c) Students in grades two through four and five shall only receive instruction at any given time at their current performance level or slightly above such level in the subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiving instructional services under the provisions of this Code section, except those students whose Individualized Education Programs under the special education program state they shall not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 202-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system."
SECTION 12.
Said chapter is further amended by striking in its entirety Code Section 20-2-155, relating to the school climate management program, model codes of behavior and discipline, and the in-school suspension program under the"Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-155 to read as follows:
"20-2-155.

(a)-The State Board of Education shall establish a state-wide school climate management program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops,

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561

printed material, and such other assistance as may he deemed appropriate under this subsection. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriations for state-level technical assistance necessary to perform the duties assigned to the state board under this Code section.
(b) The State Board of Education ia authorized to create an in school auapcnaion pro granh Ao the vaat majority of the atudcnto who diarupt public school clasorooma arc alao experiencing problems in mastering classroom assignments and arc below cxpcc tation in their academic achievement, it ia the policy of thia state that it io preferable to fcaooign disruptive atudcnta to iaolatcd, individually oriented in school ouopcnsion programs rather than to auapcnd or expel ouch atudcnta from school. Therefore, the primary purpoaco of the in oehool auopcnoion program arc to ioolatc the offending otu dents from the regularly aaaigncd claaarooma and activities of the school, to continue progress relative to classroom aaaignmcnta, and to provide individually oriented instruction in OBBcntial aliilla and knowledge areas for which low achievement levcla arc contributing to the atudcnta' adjustment problems. The in school auapcnaion programs may be housed in the regularly assigned ochoola, special aehoola specifically organized for ouch programa, or- alternative aehoolo, provided the suspended atudcnta ore iso latcd from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previoualy assigned classes. The state board shall adopt regulations, atandarda, and eligibility criteria ncccsaary to guide the effective operation of state supported in school auapcnaion programa. For the first year of implementation of thia program state wide, the state board shall request an amount for grants to local school ayatcma baaed upon documentation of the number of eligible studcnta cotimatcd to be nerved; provided, however, that funds appropriated for thia pro gram in the initial year of operation shall be allocated only on the baaio of the documented actual number of ntudcnto being acrvcd during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for thin program shall be baaed on the actual count of students acrvcd during the prcccd ing ycftft
SECTION 13.
Said chapter is further amended by striking in its entirety Code Section 20-2-156, relating to the 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 atatc wide, the state board shall request an amount for grants to local school ayatoma 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 ahall be allocated only on the basis of the doe umcntcd actual number of atudenta being ocrvcd during the initial year. For the BCC' ond year of operation and thereafter, the amount of funds appropriated and allocated for thia program ahall be baaed on the actual count of atudcnta served during the pro ceding year. The state board shall prescribe such rules and regulations regarding eli-

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gibility criteria and standards as may be needed to carry out the provisions of this Code section. This program may also be referred to as the English for speakers of other languages (ESOL) program."
SECTION 14.

Said chapter is further amended in Part 3 of Article 6, relating to educational programs under the "Quality Basic Education Act," by adding a new Code section, to be designated as Code Section 20-2-156.1, to read as follows:
"20-2-156.1.

The State Board of Education shall establish an extended day program for students in grades nine through 12. Each year the state board shall request funds sufficient to provide for the development and supervision of an extended day program during the regular school year."
SECTION 15.
Said chapter is further amended by repealing subsections (e) and (f) of Code Section 202-160, relating to the determination of enrollment by institutional program and the determination of funds to be appropriated under the "Quality Basic Education Act," which read as follows:
"(e) After such time as the student information portion of the state-wide comprehensive educational information network system has been implemented pursuant to Code Section 20-2-320, and after such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, the average, as calculated pursuant to subsection (d) of this Code section, of the local school system's two full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose. Prior to the completion of the student information component of said information network, and prior to such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average, as calculated pursuant to subsection (d) of this Code section, of the local system's first full-time equivalent program count and the projected second full-time equivalent program count for the current fiscal year.
(f) For any fiscal year beginning July 1, 1996, the maximum number of full-time equivalent students eligible for funding in any school system for the high school nonvocational laboratory program shall be equal to no more than 30 percent of the sum of those students counted in the programs specified in paragraphs (5), (6), and (7) of subsection (b) of Code Section 20-2-161. Full-time equivalent students in excess of this 30 percent number shall be counted in the high school general education program."
SECTION 16.
Said chapter is further amended by striking subsections (b), (e), and (f) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof new subsections (b), (e), and (f) to read as follows:

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563

"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:
(1) Kindergarten program.......................................................................... 1.3210 1.3405 weight and 1 to 15 ratio
(2) Kindergarten early intervention program...................................................... 1.7082 weight and 1 to 11 ratio
(3X3) Primary grades program (1-3)......................................................... 1.2424 1.2689 weight and 1 to 17 ratio
(4) Primary grades early intervention program (1-3)......................................... 1.7556 weight and 1 to 11 ratio
(3X5) Upper elementary grades program (4-5)........................................ 1.0067 1.0289 weight and 1 to 23 ratio
(4X6) Middle grades program (6-8)........................................................... 1.0122 1.0218 weight and 1 to 23 ratio
(7) Middle school program (6-8) as defined in Code Section 20-2-290 ............ 1.1196 weight and Ito20 ratio
(6X8) High school general education program (9-12).......................................... 1.0000 weight and Ito23 ratio
(6) High school nonvocational laboratory program (0 12).................................. 1.1604
(?X9) Vocational laboratory program (9-12)............................................. 1.3710 1.2052 weight and 1 to 20 ratio
(8X10) Program for persons with disabilities: Category I...................... 2.3661 2.3272 weight and 1 to 8 ratio

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(8KH) Program for persons with disabilities: Category II.................... 3.7406 2.7111 weight and 1 to 6.5 ratio
(40X12) Program for persons with disabilities: Category III................. 3.4867 3.4485 weight and 1 to 5 ratio
(44X13) Program for persons with disabilities: Category IV................. 6.6338 5.5742 weight and 1 to 3 ratio
(43X14) Program for persons with disabilities: Category V................... 2.4473 2.4136 weight and 1 to 8 ratio
(43X15) Program for intellectually gifted students: Category VI.......... 1.6463 1.6255 weight and 1 to 12 ratio
(44X16) Remedial education program....................................................... 1.2018 1.2864 weight and 1 to 15 ratio
(17) Alternative education program...................................................................... 1.5613 weight and 1 to 15 ratio
(18) English for speakers of other languages (ESOL) program......................... 2.4317 weight and 1 to 7 ratio"
"(e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of June October for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. The amount shall be reported for each program identified in subsection (b) of this Code section for each full-time equivalent program count date and by segment of the school day and for each categorical program. Such additional amount shall be known as 'program adjustment amount for training and experience' and this amount shall be noted in total in the language section of the General Appropriations Act each year.

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(f) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor ia authorized to shall appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems."
SECTION 17.
Said chapter is further amended by striking in its entirety Code Section 20-2-162, relating to the annual recalculation of the amount of funding and the midterm adjustment under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-162 to read as follows:
"20-2-162.

(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first and the projected second full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the projected second full-time equivalent count weighted one part; provided, however, that after auch time na the atudcnt information portion of the atatc wide comprehensive educational information network ha3 boon implcmcntod pur auant to Code Section 20 3 320, and after aueh time aa the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, then if the second full time equivalent count for the current fiscal year is lower than the projected second count, the midterm adjustment shall be calculated using the av cragc of the two actual full-time equivalent counts for the current fiacal year, with the first full time equivalent count weighted two parta and the second full-time equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment.
(b) A midterm adjustment in a local school system's local (eae five mill share shall be made if:

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(1) The most recent actual property tax digest for educational maintenance and operation of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system's local fear five mill share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and

(2) The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used initially to calculate the system's local tea? five mill share.

Such a midterm adjustment shall be made by reducing the initial local fear five mill share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of property prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provisions of this subsection shall apply only to the midterm adjustment of local feir five mill share as provided in this Code section.

(c) A midterm adjustment shall be made for any local school system which qualifies for the middle achool grant and is in the first year of operation of a middle school program which satisfies all criteria set forth in Code Section 20-2-300 as well aa any additional criteria established through policy of the State Board of Education. The amount of such midterm adjustment shall be calculated in the same manner as ia specified in Code Section 20 2-200 for school ayatcma which hove qualified for the middle school grant by operating middle school programs for one or more prior years. Te be eligible to receive this midterm adjustment, a local aehool ayatcm muat also meet the following requirements!

(1) The local school ayatom must 3ubmit an application to the State Board of Eduea tion during the fiscal year prior to the year of implementation of the qualifying pro gram, adhering to application procedures and deadlines established by the state board; and

(2) The Department of Education muat verify that the middle school program mccta all established criteria through site visits to each achool for which application haa been made to be conducted no later than December 1 of the school year in which the middle achool program is implemented."

SECTION 18.

Said chapter is further amended by striking subsections (a), (b), and (h) of Code Section 20-2-164, relating to local fair share funds under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a), (b), and (h) to read as follows:
"(a) The State Board of Education shall calculate the amount of local tear five mill share funds that each local school system shall be required to spend each fiscal year to aupport participate in the Quality Basic Education Program as follows:
(1) Unless the combined fear local five mill share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, the amount of each local school system's local fear five mill share shall be calculated as follows:

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567

(A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(B) From the amount calculated in subparagraph (A) of this paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(C) Multiply the remainder calculated in subparagraph (B) of this paragraph by .005; or
(2) If the combined fear local five mill share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, then the amount of each local system's fair share shall be calculated as follows:
(A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by .2;
(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local few five mill share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by. 005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection.
(b)(l) Each local school system shall apply the total amount of its local fear five mill share funds to any combination of programs funded under this article and in the manner so earned as indicated on the allotment sheets as provided by the State Board of Education; provided, however, that no portion of the local few five mill share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local fair five mill share.
(2) The local school system may apply revenues toward the local fear five mill share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; state funds; student tuition and fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government."
"(h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support ef in order to participate in the Quality Basic Education Program as defined by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local fear five mill share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an

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amount of funds to the state general fund, the state board shall add said amount to the local fear five mill share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation relative to ita assessed local fair aharc to provide a local five mill share or to comply with any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year."

SECTION 19.
Said chapter is further amended by striking in its entirety Code Section 20-2-165, relating to calculation and allocation of equalization grants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-165 to read as follows:
"20-2-165.

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

(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.

(2) 'Assessed valuation per weighted full-time equivalent' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest.
(3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.

(4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000.

(5) 'Eligible full-time equivalent program count' is defined as the sum of the fulltime equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 4986 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.

(6) 'Equalized adjusted school property tax digest' is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.

(7) 'Guaranteed valuation school system' is defined as the local school system ranking at the ninetieth seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valu-

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ation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.
(8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
(9) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts.
(10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fear five mill share pursuant to subsection (a) of Code Section 20-2-164.
(11) "Weighted full-time equivalent count' is defined as the sum of all eligible fulltime equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent counts were obtained pursuant to Code Section 20-2-161.
(12) 'Weighted full-time equivalent for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest.
(b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted full-time equivalent for the local school system from the assessed valuation per weighted full-time equivalent for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this subsection by 1,000;
(3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or &36 15 effective mills, whichever is less, as the number of effective mills to be equalized;
(4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted full-time equivalent count for the local school system; and
(6) The resulting amount, calculation amount A, shall be the equalization grant for the ensuing fiscal year; provided, however, that for fiscal year 2001 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school

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system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .25 and adding that amount to calculation amount B; provided, further, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted fulltime equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local fe five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.
(d) The amount of funds appropriated each year under this Code section, for a period not to exceed five years beginning with fiscal year 2002, may be adjusted to allow school systems that are losing funds due to a change from the ninetieth percentile guaranteed valuation school system to the seventy-fifth percentile guaranteed valuation school system sufficient time to adjust their local programs."
SECTION 20.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 20-2167, relating to funding for direct instructional, media center, and staff development costs and the establishment of a computerized uniform budget and accounting system under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a)(l) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (h) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board

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shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the few five instructional programs for disabled students shall be summed into one amount for special education. For each program, each local school system shall spend a minimum of 00 percent of the funds designated for direct instructional costs on the direct instructional costs of such program, except as modified in this paragraph. Each local school system shall spend the sum of all funds designated for operational eosta for auch operational costs, summed acroas all programs. For each local school system which ia granted an additional allotment for the midterm adjustment pursuant to Code Section 20'2 162, the 00 percent amounts and the sum of funds designated for operational eoata ahall be increased by the portion of the midterm adjustment allot mcnt which is applied to the direct instructional coats of an instructional program. In the event a local school system docs not actually enroll the full time equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code 8oetion 20 3 161 but does enroll a greater full-time equivalent count than waa anticipated by its initial allocation for one or more programs author izcd pursuant to Code Section 20 2 161 as reflected in the midterm calculations, the local school system shall be authorized to increase the 00 percent amount for the ap propriatc portions of the direct instructional coats of any or all of the instructional programs which experienced the greater than anticipated full-time equivalent counts and reduce the 00 percent amount for the appropriate portions of the direct inatruc tional costs of the instructional programs which experienced the lower than anticipated full time equivalent counts; provided, however, that the combined amount of aueh reductions ahall be equal to the combined amount of increases in the 00 percent amounts for programs with greater than anticipated full-time equivalent program counts; provided, further, that the 00 percent amounts for direct instructional
time equivalent count ahall not be reduced below the 00 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for a pro gram authorized pursuant to Code Section 20 2 161 and it elects to return a portion of that allocation for direct instructional costs to the atatc, the 00 percent amount for the appropriate portions of the direct instructional coata of that program shall be reduced by that returned amount. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, for the kindergarten program, the primary grades (1-3) program, the kindergarten early intervention program, and the primary grades (1-3) intervention program combined and the combined total for all other programs shall be employed for the delivery of services for which the funds were earned. Classroom aide positions may not be used to increase class size in grades kindergarten through three but may be used as specified by state board rule in all other grades. Quality

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Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for thedirect instructional costs of that program may be expended only for the direct instructional eosta of one or more of the other programs specified by that Code section must be returned to the state treasury.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system ahall spend a minimum of 00 percent of the funds designated for media center salary costa for aueh salaries and 00 percent of the funds designated for media center materials costs for aueh materials. For each local school ayatcm which ia granted an additional allotment for the midterm adjuatmcnt purau ant to Code Section 30 3 163, the 00 and 100 percent amounts shall bo increased by the portion of the midterm adjuatmcnt allotment which is applied to the respective portions of the media center coats. In the event a local school system docs not actu ally enroll the full-time equivalent count that waa anticipated by its initial allocation and it elects to return a portion of its allocation for media center coats to the state, the 00 or 100 percent amount for the appropriate portions of the media center costs ahall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the 00 percent amount required by this paragraph to be expended by a local school system for media center salary costs which arc not expended for thia purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161.Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs at each school site.
(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 100 percent of the total funda dcaignatcd for staff development and professional development programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently aaaigncd positiona. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional

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personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182.
(4) In the event any local aehool ayatcm ahould foil to encumber at least 00 percent of the funds specified in paragraph (1) of thia subsection, 00 percent of the funds apccificd in paragraph (2) of this aubaoction for media center salary coata, 100 percent of the funds specified in paragraph (2) of thia aubacetion for media center materials eosta, or the funds designated for operational costs in paragraph (1) of this aubacction, the state board shall increase the local fair aharc for an ensuing year by the difference between the actual amounts encumbered and the 00 or 100 percent amounts or the funds designated for operational eoata calculated pursuant to thia aubacction. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.
(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.
(b)(l) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information network system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and

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(D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development.
(2) The state board is authorized to shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the implementation of an accountability plan for the state. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting."
SECTION 21.
Said chapter is further amended by striking in its entirety Code Section 20-2-181, relating to the calculation of program weights based on base school size under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-181 to read as follows:
"20-2-181.

The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (1-3) intervention program, the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the middle school (6-8) program, the special education programs, asd the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school nonvoea tionol and vocational laboratory programs program shall reflect a base school size of 970 full-time equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 full-time equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students."
SECTION 22.
Said chapter is further amended by striking in its entirety Code Section 20-2-182, relating to the calculation of program weights based on payment of salaries and benefits under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-182 to read as follows:
"20-2-182.

(a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly.
(b) The program weights for the kindergarten program, the primary grades program, and the remedial education program, when multiplied by the baac amount, shall re fleet auffieicnt funda to provide instructional aidoa to aaaiot teachers; provided, how

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over, that pursuant to subsection (a) of Code Section 20 2 167 funda earned by a local achool system for direct instructional coats of any program specified in Code Section 20-2-161 may be used to employ instructional aidco. Further, the program wcighta for the upper elementary grades (4 6) program and the middle grades (6-8) program, when multiplied by the base amount, ahall reflect the cost of providing tcachcra with clerical assistance for a limited portion of each achool day, subject to appropriation by the General Aaacmbly.
(eXb) The program weights for the primary, upper elementary, and middle grades programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly.
(ttKc) The program weight weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, and alternative education, programs program and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose duties and responsibilities shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor's time to be spent counseling or advising students.
(d) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for technology specialists needed to provide essential technology services.
(e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, ahall reflect sufficient funds to provide for the development and supervision of an extended day program during the regular achool year. Further, said program wcighta, when multiplied by the baac amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
(f) The program wcighta for the high school nonvoeational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect auffi eicnt funds to pay the beginning salaries of laboratory supervisors in each program. The program weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, remedial, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs such as, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes.
(g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for unused sick leave, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for

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each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia.
(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to one half of 1 1.5 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall alao reflect on amount of funds for the purpoac of providing professional development atipcnda which shall be sufficient to allow eligible certificated personnel to participate in ouch activities at leaat once every five ycara, subject to appropriation by the General Aoocmbly. Sueh atipcnda ahall be provided to the individual on a rcim buraablc baais on a state approved schedule which shall not exceed $160.00 per credit hour for ataff development or professional development atipcndg for approved program participation; provided, however, that auch limit ahall be adjusted annually, eonaiatcnt with the percentage increase in the salary baac determined purauant to Code Section 30 2-212. No stipends shall be provided for leaa than one credit hour participation or for more than 16 hours within the fiscal year. Each credit hour ahall require ton con tact hours of participation. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Such professional and staff development program plan shall address deficiences of certificated personnel as identified by evaluations required under Code Section 20-2-210. Where possible, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employee's professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development stipends purposes may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. If any portion of profoooional development funda arc not expended by a local school ay3tcm for those purpoaca, that portion ahall be returned to the atatc. Such ataff and profca oionol development activities ahall be in accordance with the annual local ataff dcvcl opmcnt plan approved by the State Board of Education purauant to Code Section 30 2

(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but may not exceed the funding class size by more than 20 percent, except that the middle school program shall use the funding ratio of the middle grades program for the purpose of this subsection and except that the maximum shall only apply to English, mathematics, and science classes in the high school programs; provided, however, that the maximum class size for grades one through three shall not exceed 20. The maximum class size for grades kindergarten through three refers to the number of students in a physical classroom. An exemption from the maximum class size requirement for grades kindergarten through three may be obtained by submitting an application to the State Board of Education demonstrating that insufficient physical classrooms exist to comply with this subsection, whereupon, if granted such exemption

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by the State Board of Education, the local school system may satisfy the provisions of this subsection by including more than one certificated instructional person in the requisite number of classrooms. Under no circumstances shall a noncertificated person be used to meet the requirements for grades kindergarten through three as set forth in this subsection. Under no circumstances shall the maximum class size for grades kindergarten through three exceed the funding class size by more than 100 percent; and the State Board of Education shall grant no exemptions from this limitation. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education."
SECTION 23.
Said chapter is further amended by striking in its entirety Code Section 20-2-185, relating to the calculation of program weights based on payment of salaries for principals and secretaries under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-185 to read as follows:
"20-2-185.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in the school, subject to appropriation by the General Assembly."
SECTION 24.
Said chapter is further amended by striking in its entirety Code Section 20-2-186, relating to the allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, and accountants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-186 to read as follows:
"20-2-186.
(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, and accountants, and nurses, subject to appropriation by the General Assembly:
(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 1,000 5,000, funds sufficient to pay the beginning salaries of a superintendent, accountant, and two assistant superintendents and one 'half the salary salaries of a secretary and an accountant; and

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(2) For numbers of full-time equivalent students over 1,000 5,000 and less than 2,001 10,001, 80 percent of the amount obtained by multiplying the number of atu dents over 1,000 by the amount earned in paragraph (1) of this Code acction divided by 1,000 funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and
(3) For numbers of full-time equivalent students over 2,000 10,000, and loaa than 3,001, 70 percent of the amount obtained by multiplying the number of atudcnta over 2,000 by the amount earned in paragraph (1) of this Code acction divided by 1,000; and funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and
(4) For numbcra of full time equivalent students over 3,000 and leaa than 4,001, 60 percent of the amount obtained by multiplying the number of atudcnta over 3,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 Each local system shall earn funds sufficient to pay the beginning salary of a principal for each public school in the local system; and
(5) For numbcra of full-time equivalent atudcnta over 4,000 and leaa than 10,001, 33 percent of the amount obtained by multiplying the number of atudcnta over 4,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 Each local system shall earn funds sufficient to pay the salary of a nurse for each public school in the local system. ; and
(6) For numbers of full-time equivalent atudcnts over 10,000, an amount equal to 26 percent of the amount obtained by multiplying the number of atudcnta over 10,000 by the amount earned in paragraph (1) of this Code section divided by 1,000.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher for a base size school system pursuant to Code Section 30 3 181 of 2,475 full-time equivalent students and for costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a baac aizc local school system using a base size of 2,475 full-time equivalent students, subject to appropriation by the General Assembly.
(b) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, and secretaries, if the local board of education has not implemented in a failing school within thei syyistem the interventions, as defined in Code Section 20-14-41, that are prescribed by thh(e State Board of Education."
SECTION 25.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 20-2-200, relating to the regulation of certificated professional personnel by the Professional Standards Commission, and inserting in lieu thereof new subsections (b) and (b.l) to read as follows:

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"(b)(l) Before granting a renewable certificate to an applicant, the Professional Standards Commission shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills, a test of computer skill competency, and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification. The on-the-job performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the commission which will ensure demonstration of effective teaching practices.
(3) An applicant shall be exempted from the written planning portion of the on-thejob assessment requirement pursuant to paragraph (2) of this subsection if:
(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or
(B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed appropriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof.
(4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210.

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(5) Before granting an initial renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
(6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
(7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field.
(8) An individual who has received two unsatisfactory performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate.
(9) Before granting a renewable certificate required for teaching or for administering or supervising a school system, school, or school program to an applicant who holds a valid renewable certificate at the time of application, the commission shall require such applicant to demonstrate that he or she has worked as a teacher in a classroom for not less than five days during each school year preceding the expiration of such applicant's certificate or has completed a teacher training course approved by the commission.
Jpon an applicaant shall be deemed to have met state renewal requirements for the life of the teacher's national certificate."
SECTION 26.
Said chapter is further amended in Code Section 20-2-201, relating to specific course requirements and in-service or continuing education for certificated professional personnel under the "Quality Basic Education Act," by striking in its entirety subsection (c) and inserting in lieu thereof new subsections (b.l) and (c) to read as follows:
"(b.l) Universities and colleges having teacher preparation programs for grades prekindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess teacher preparation students in computer and instructional technology applications and skills.
(c) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on im-

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proving the skills of certificated personnel that directly relate to improving student achievement. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff."

SECTION 27.
Said chapter is further amended by striking in its entirety Code Section 20-2-210, relating to annual performance evaluation of certificated professional personnel, and inserting in lieu thereof a new Code Section 20-2-210 to read as follows:
"20-2-210.

(a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The state board shall develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. The local units of administration are authorized to use the models developed by the State Board of Education.
(b) Annual teacher evaluations shall at a minimum take into consideration the

(1) The academic achievement gains of students assigned to the teacher during the school year;
(2) Observations of the teacher by the principal and assistant principals during the delivery of instruction and at other times as appropriate;
(3) Participation in professional development opportunities and the application of concepts learned to classroom and school activities;
(4) Communication and interpersonal skills as they relate to interaction with students, parents, other teachers, administrators, and other school personnel;
(5) Timeliness and attendance for assigned responsibilities;
(6) Adherence to school and school system procedures and rules; and
(7) Personal conduct while in performance of school duties.
(c) No contract shall be renewed for a certificated person prior to the completion of an evaluation as required in subsection (b) of this Code section.
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

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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 28.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing aftd , and such contracts shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board.
(b) Any other provisions of thia article or any other laws to the contrary notwithatand ing, each local governing board shall, by not later than April 16 of the current school year, tender a new contract for the cnauing school year to each teacher and other professional employee certificated by the Professional Standards Commiaaion on the pay roll of the local unit of administration at the beginning of the current school year, except thoac who have resigned or who have been terminated, or shall notify in writing each 3uch teacher or other certificated professional employee of the intention of not renewing hia or her contract for the ensuing school year. When auch notice of intended termination haa not been given by April 16, the employment of such teacher or other certificated profcaaional employee ahall be continued for the ensuing aehool year unless aueh employee haa been removed in the manner aa provided in Code Section 30 2 040 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May l.Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1."
SECTION 29.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:

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"(e)(l) Each pcraon to be iaaucd a contract of employment for the first time by a lo cal unit of administration after July 1, 1004, aa a teacher, principal, or other certificated professional pcroonncl All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection prior to the iaauing of a contract. The local unit of administration shall have the authority to employ a person or persona holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent interval criminal record checks of noncertificated personnel continued in employment in the local unit of administration.
(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection.
(3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice prior to the issuance of any contract of firat employment of such pcraon shall be paid by the local unit of administration or the individual seeking employment or making application to the Professional Standards Commission.
(4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given.
(5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations.
(6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection."
SECTION 30.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-212, relating to salary schedules for certificated professional personnel under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of profes-

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sional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The Hat of Georgia beginning aalarica by degree field used to calculate the minimum salary baac shall be presented annually to each member of the General Aoacmbly with the Govcrnor'a budget recommendations. The House of Representatives and Senate Education and Appropriationo Committcca aholl olao be provided upon request with a report which includes data and calculations used to determine the minimum baac aaltoy: The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. Such evaluation shall be given to all teachers prior to contract renewal for the following school year in accordance with State Board of Education standards and specifications. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro ratn pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section."
SECTION 31.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate;
(2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; and
(3) Hoo not previously received state funds for participating in any certification area in the national certification program; and
(4X3) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification
shall receive not less than a 6 10 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such certification; provided, however, that, in the case of a person who has received such certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase,

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the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible."
SECTION 32.
Said chapter is further amended in Subpart 2 of Part 6 of Article 6, relating to conditions of employment for certificated professional personnel under the "Quality Basic Education Act," by adding a new Code Section 20-2-212.3 to read as follows:
"20-2-212.3.
(a) The State Board of Education shall identify schools and school systems in the state where an insufficient supply of qualified teachers is available to deliver instruction in the fields of mathematics, science, special education, or foreign language, based on criteria defined by the State Board of Education, the Professional Standards Commission, and the Office of Education Accountability. Upon determination of shortages each year, the State Board of Education shall request funds sufficient to provide for salary increases not to exceed one additional step on the state salary schedule for which the teacher would otherwise have been entitled for positions contracted for in those locations and fields during the school year. Funding shall be based on the number of eligible positions identified for the previous school year, subject to appropriation by the General Assembly. Upon receiving three such salary increases, a teacher shall become ineligible for additional salary increases under this Code section.
(b) The criteria used for assessing whether or not an insufficient supply of qualified teachers is available and the data used in making the determination that a shortage exists shall be submitted by the Office of Education Accountability to the chairpersons of the Education Committees of the House of Representatives and the Senate no later than December 1 of each year."
SECTION 33.
Said chapter is further amended by striking in its entirety Code Section 20-2-214, relating to salary supplements under the "Quality Basic Education Act," which reads as follows:
"20-2-214.

The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide or school-wide responsibilities. Each salary supplement shall be based on the respective weighted full-time equivalent count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly.",
and inserting in lieu thereof the following:
"20-2-214.
The State Board of Education shall establish a salary schedule for school principals that includes a supplement amount for each principal. The amount of the supplement shall be based on the amount appropriated by the General Assembly for this purpose

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each year divided by the total weighted full-time equivalent count for the state. The amount for each principal shall be determined by multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school. Local school systems shall pay this supplement to each local school principal in one separate payment each school year."
SECTION 34.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-218, relating to the duty-free lunch period for teachers employed in grades kindergarten through five under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every teacher who is employed in grades K kindergarten through & five for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time. The implementation of thia duty free lunch period shall bo mandated to the extent that atatc financial aupport IB provided to each school district for auch purposes for the fiscal year 1002 only."
SECTION 35.
Said chapter is further amended by striking subsection (c) of Code Section 20-2-231, relating to the Georgia Education Leadership Academy, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The Georgia Education Leadership Academy shall use such approaches as are necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education ahall provide a atatua report as to the cffcetivcncaa of thio program pursuant to subsection (o) of Code Section 20 2 282."
SECTION 36.
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 par-

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ents are invited to a conference with the teacher, within the first 30 days after enrollment, 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 37.
Said chapter is further amended in Code Section 20-2-260, relating to capital outlay funding under the "Quality Basic Education Act" by striking paragraph (12) of subsection (b) and subsections (c), (d), (e), and (n) and inserting in lieu thereof a new paragraph (12) of subsection (b) and new subsections (c), (d), (e), and (n) to read as follows:
"(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations."
"(c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys;

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(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; ad shall reflect circumstances where rapid population growth is caused by factors not reflected in fulltime equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count to-

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ward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h), (i), (j), and (k.l) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources;
(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and
(10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which were are registered as historic landmarks such on or before December 31, 1004, with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration and the expenditure of capital outlay funds otherwise available to a school system for such purposes.
(d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects, giving priority to elementary school construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;

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(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section;
(7) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;

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(5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes;
(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and
(7) To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as auch historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is or is eligible to be a historic landmark as a public school; and provided, further, that facilities which arc historic landmarka be uacd ao public schools and be registered aa historic landmarks on or before December 31, 1004. Notwithstanding any other provisions of this Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph."
"(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and project, giving priority to elementary school construction projects where practicable. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required."
SECTION 38.
Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by striking in its entirety Code Section 20-2-270, relating to the establishment of a state-wide network, and inserting in lieu thereof a new Code Section 20-2270 to read as follows:

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"20-2-270.

(a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of: providing shared services designed to improve the effectiveness of educational programs and services to local school systems; providing instructional programs directly to selected public school students in the state; and providing Georgia Learning Resources System services. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.' The shared acrvieca to member local school systems aholl include the following assistance:

(1) Identifying or conducting roaoareh related to educational improvements and in planning for the implementation of such improvements;

(3) Developing and implementing staff development programs;

(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly acqucnecd com curriculum adopted by the state board;

(4) Developing and implementing assessment and evaluation programs;

(6) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of claaaroom instruction aa well aa claaaroom, school, and school system management; and

(6) Developing programs, resource materials, and staff development acrvicos rclat ing to instruction on alcohol and drug abuse.

The shared services may alao include assistance dcaigncd to addrcaa documented local needs pursuant to subsection (d) of Code Section 30 2 372.
IT
(b) Beginning July 1, 1006, the state board shall make the service areas for the Gcor gia Learning Rcaourecs System compatible with the service areas for the RESA's. The RESA'a arc designated as the fioeal agents for the agency of the Georgia Learning Re sources System or a local board of education as identified by the State Board of Edu cation through an annual contract to serve aa fiscal agent for the Georgia Learning Resources System. All member and nonmcmbcr local school systems ahall be provided the acrvieca of the Georgia Learning Resources Syatcm. The State Board of Education shall establish the service area of each regional educational service agency as a geographically defined area of the state. All local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions that are located in the designated geographical area shall be members of that regional educational service agency.

(c) The Psyehocducational Network for severely emotionally disturbed atudcnta shall be continued in effect. The service areas of units of the Psychocdueational Network for severely emotionally disturbed atudcnta in place on January 1, 1006, ahall bo con tinucd in effect. The fiscal agent for each service area shall be as in effect on January 1, 1006, unless changed as provided in this subsection. Upon the request of a major ity of the local achool superintendents of the local school systcmo within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve aa the fiscal agent for the respective unit of the Poyehocducational Network for the cnouing fiscal year. In the event this vote rcaulta in a change in the fiscal agent for the respective unit, the now fiscal agent shall con

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tinuc in thia capacity for a minimum of three fiscal ycara. In the event a regional cd ucational acrvicc agency ia designated aa the fiscal agent for a acrviec area, all member and nonmcmbcr local school ayotcma ahall be provided the acrvicca of the Paychocducational Network. Every state supported postsecondary institution shall be an active member of a regional educational service agency.
(d) Each regional educational service agency and its employees shall be subject to or exempt from taxation in the same manner as are school systems and school system employees.
(e) All employees and volunteers of a regional educational service agency shall be immune from liability to the same extent as are employees and volunteers of a school system.8
SECTION 39.
Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by adding a new Code Section 20-2-270.1 to read as follows:
"20-2-270.1.

(a) Each regional educational service agency shall provide the following shared services to member local school systems:
(1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements;
(2) Developing and implementing staff development programs with an emphasis on improving student achievement and school accountability;
(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board;
(4) Developing and implementing academic assessment and evaluation programs;
(5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management;
(6) Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse; and
(7) Assistance in the development and implementation of a state-wide mentoring program.
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) The state board shall make the service areas for the Georgia Learning Resources System compatible with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member local school systems shall be provided the services of the Georgia Learning Resources System.

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(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member local school systems shall be provided the services of the Psychoeducational Network."

SECTION 40.

Said chapter is further amended by striking in its entirety Code Section 20-2-271, relating to the establishment of service areas for regional educational service agencies, which reads as follows:
"20-2-271.

(a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.

(b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually."
and inserting in lieu thereof a new Code Section 20-2-271 to read as follows:
"20-2-271.

(a) Each regional educational service agency shall annually develop and submit to the Department of Education for approval, with a copy to the Education Coordinating Council, a regional plan for improvement of educational efficiency and cost effectiveness of its member institutions. Each plan must include the purposes and description of the services the regional educational service agency will provide to schools identified as low-performing based on the indicators adopted under Code Section 20-14-33 and to other schools.

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(b) By July 1, 2002, each regional educational service agency shall introduce and provide core services for member local school systems and schools and provide core services for purchase by local school systems and schools which are not members of that regional educational service agency. These core services shall include the following:
(1) Training and assistance in teaching each subject area assessed under Code Section 20-2-281;
(2) Assistance specifically designed for any school that is rated academically failing under Code Section 20-14-33;
(3) Training and assistance to teachers, administrators, members of local boards of education, and members of local school councils on school-based decision making and control; and
(4) Assistance in complying with applicable state laws and rules of the State Board of Education and the Educational Coordinating Council.
Nothing in this Code section shall be construed to limit the freedom of a school system or school to purchase or refuse to purchase any core service from any regional educational service agency in this state.
(c) Each regional educational service agency may provide any additional service and any assistance to its member systems, as determined by the board of control. Each regional educational service agency may offer any service and form of assistance provided for in this Code section for purchase by any school system or school in this state.
(d) Pursuant to rules and regulations developed by the Professional Standards Commission, each regional educational service agency shall develop programs for nontraditional alternative routes to state teacher certification as an alternative to traditional educator preparation, with special consideration provided to critical field shortages in its regional teaching work force.
(e) Each regional educational service agency may acquire, lease, purchase, lease purchase, or dispose of real or personal property and may incur debts for those purposes, subject to the approval of such agency's board of control. Such property shall be held in the name of the regional educational service agency."
SECTION 41.
Said chapter is further amended by striking in its entirety Code Section 20-2-272, relating to regional educational service agency boards of control, and inserting in lieu thereof a new Code Section 20-2-272 to read as follows:
"20-2-272.
(a) Each regional educational service agency shall be governed by a board of control. The number of mcmbcra and tcrma of office ahall be prcaeribcd by the State Board of Education; provided, however, that on On and after July 1, i996 2000, the school superintendent of each member school system or hia or her dcaignoc , the president or highest administrator of each member postsecondary institution, and a local public or regional library representative appointed by the director of the Office of Public Library Services of the Department of Technical and Adult Education shall serve as a member ef the board of control. At leaat one-third of the membcrahip of each board of control ahall be individuals who hold no other public office, who arc not employees of any lo cal unit of administration, and who arc not employees of the Department of Eduea tion. The members of the board of control shall be elected by an annual caucus of an

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equal number of members of local boards of education from the respective member local school aystcma. The atato board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive, except as otherwise provided in this part. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the General Aoacmbly, pursuant to aubacction (d) of Code Section 20 3-382, the results of any comprehensive evaluations of regional educational service agencies, the status of each such agency, and the progress each nonatandard agency haa made toward ad dressing identified deficiencies.
(d) Boards of control shall determine the assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost effectiveness and efficiency of such agencies by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives.
(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 30 3 371 20-2-270 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each lo eal school aystcm will have the information needed to make an informed decision relative to membership in its respective regional educational service area pursuant to subsection (b) of Code Section 30 2 371 on or before January 16 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a plan ning board haa amended one or more dcciaions pursuant to this provision, each local school system within the service area of such planning board shall be authorized to re

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vcrao ita decision relative to membership for the ensuing fiscal year prior to May 16 of that fiscal year, pursuant to procedures specified in aubacction (b) of Code Section 203-3W

SECTION 42.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-273, relating to directors and staff of regional educational service agencies, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support services prescribed in Code Section 30'2-270 this part."
SECTION 43.
Said chapter is further amended in Code Section 20-2-274, relating to state-wide and local program grants to regional educational service agencies, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform statewide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in aubacction (a) of Code Section 30 2 270 Code Sections 20-2-270.1 and 20-2-271. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources."

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SECTION 44.
Said chapter is further amended by striking and reserving in its entirety Code Section 20-2-280, relating to long-term strategic plans, which reads as follows:
"20-2-280.

The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth self-study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Each long-term state and local strategic plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies."
SECTION 45.
Said chapter is further amended by striking in its entirety Code Section 20-2-281, relating to the assessment of the effectiveness of educational programs under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-281 to read as follows:
"20-2-281.

(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments in reading, mathematics, science, and social studies shall be administered to students in grades three, five, and eight. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests to measure the quality core curriculum and such tcata shall be adminiatcrcd to students in three gradca not lower than grade three. Such tests in English and language arts, mathematics, and reading shall be administered annually to students in grades one through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed within two ycara according to a schedule established by the State Board of Education. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests.

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(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in both the comprehensive evaluation pursuant to Code Section 20-2-282 and the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement.
(b.l) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year.
(c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(l) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 20-2-140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. Students with alternate assessments shall not be counted for the state accountability purposes provided for in this article.
(2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
(e) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student's Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.

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(f) Under rules adopted by the State Board of Education, the Department of Education shall release the questions and answer keys to each assessment instrument administered under subsection (a) of this Code section after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the department is not required to release a question that is being field tested and was not used to compute the student's score on the instrument.
(g) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000.
(h) The Department of Education shall, for a period not less than the first two years of the administration of the assessment instrument, release the questions and answer keys to each assessment instrument administered during the school year in which the instrument is administered after the last time the instrument is administered for that school year.
(i) The Department of Education shall develop study guides for the criterion-referenced tests and end-of-course assessments administered pursuant to subsections (a) and (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(jXl) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board.
(2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented core subject end-of-course assessments before discontinuing the high school graduation test.
(k) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act.
(1) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential.

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(m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g.

(n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system.

(o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability, and local school system. The information made available to the public shall not contain the names of individual students or teachers.

(d) Subject to appropriations by the General Aaacmbly, the State Board of Education, in addition to the aaacoamcnt program provided for in aubacetion (a) of this Code ace tion, shall provide each local school ayatcm funds to be uacd for additional aaacaamcnt no deemed ncceaaory and appropriate by the local school ayatcm. The additional funda ahull be calculated baaed on the number of FTE atudcnt counts reported for the pro ceding achool year.
Teachers in grades three one through 12 shall participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 46.
Said chapter is further amended by striking in their entirety Code Section 20-2-282, relating to comprehensive evaluations of public schools, local systems, and regional educational service agencies, and Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary educational administration and elementary and secondary schools, which read as follows:
"20-2-282.

(aXl) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.l) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;

(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;

(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;

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(E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of student count procedures;
(G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;

(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units.

(2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that sUch individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education.

(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.

(4) Any school or school system that is accredited by the Southern Association of Colleges and Schools shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Education in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accreditation will be subject to the comprehensive evaluation specified in paragraph (1) of this subsection.

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(b) The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, local school systems, and regional educational service agencies which receive satisfactory comprehensive evaluations pursuant to subsection (a) of this Code section as 'standard.' The state board shall award certificates of acknowledgment for superior performance to all such units which receive superior comprehensive evaluations relative to units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for achievement grants in Code Section 20-2-253, and shall designate such units as 'exemplary.' The state board shall designate all such units which receive unsatisfactory comprehensive evaluations relative to comparable units as 'nonstandard.' The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process.
(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force established pursuant to subsection (a) of Code Section 20-2320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Education, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and participation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate demographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school systems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropriation by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursuant to Code Section 20-2320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected for the sole purpose of the profiles created under this Code section prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which

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shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its school and system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving exempt schools.' Schools designated as high-achieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation Tiigh-achieving exempt school.' Schools and school systems which have had a standards review within the last four years will continue on the five-year cycle as mandated by law.
(f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality.
20-2-283.
(a) Each local unit of administration which is designated to be nonstandard or which operates one or more public schools so designated shall be required to submit to the State Board of Education for its approval a corrective plan designed to address all de-

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ficiencies identified pursuant to Code Section 20-2-282. Such a corrective plan shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans.
(b) The State Board of Education shall review at least once every six months the progress of each nonstandard local unit of administration in implementing its state board approved corrective plan. Such a review shall continue until the corrective plan has been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.
(c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of each local unit of administration which is designated by the state board as nonstandard. This evaluation shall be conducted within two years after the state board has approved its corrective plan.
(d) In the event the State Board of Education finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take one or a combination of the following actions:
(1) Increase the local fair share of a local school system pursuant to Code Section 20-2-164 or the local share of a regional educational service agency pursuant to Code Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount;
(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 202-243; or
(3) File a civil action in the superior court of the county wherein a local school system or regional educational service agency office is located, requesting a determination of whether any member of the local board of education or the local school superintendent or any member of the regional educational service agency board of control or regional educational service agency director has by action or inaction prevented or delayed implementation of the corrective plan. If the court finds that any such official has prevented or delayed implementation intentionally, the court may issue an order requiring the official or officials to implement the corrective plan. The court shall have the power to appoint a trustee to ensure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out duties assigned by the court shall be paid from funds otherwise used to pay for expenses incurred by board members. If the court finds that any such official is violating the

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order of the court, the court may remove the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection."
SECTION 47.
Said chapter is further amended by striking in its entirety Code Section 20-2-284, relating to the Council for School Performance established under the "Quality Basic Education Act," which reads as follows:
"20-2-284.

(a) The General Assembly finds that a Council for School Performance would enhance the public's access to information concerning the performance of public schools and public school systems. Such information shall measure outcomes of the state's investment in each public school and each public school system. Such information shall also specifically describe how each public school and each public school system has utilized moneys derived from the Georgia Lottery for Education.
(b) As used in this Code section, the term 'council' means the Council for School Performance established in subsection (c) of this Code section.
(c) There is created and established a Council for School Performance composed of seven members. Six of the members shall be public members, four of whom shall be appointed by the Governor. One public member shall be appointed by the Speaker of the House of Representatives and one public member shall be appointed by the President of the Senate, neither of which members shall be a member of the General Assembly. The public members shall serve at the pleasure of the appointing authority. The State School Superintendent shall serve as the seventh member and shall have the same vote on the council as any other member.
(d) The Governor shall select a chairperson for the council from among the six public members. Four members shall constitute a quorum for the transaction of business. Members of the council shall receive no compensation for their services upon the council but shall be entitled to receive the travel allowance provided in Code Section 50-197 for their travel expenses when necessary in carrying out the duties of their office.
(e) The council shall not be a part of the Department of Education but shall be an independent entity attached to the Office of Planning and Budget for administrative purposes only, as set forth in Code Section 50-4-3. The council is authorized to enter into contracts to fulfill its duties under this Code section.
(f) The Department of Education shall cooperate fully with the council. Specifically, the Department of Education is directed to collect and provide to the council information regarding individual public schools and individual public school systems which the council deems necessary to discharge its duties under this Code section.
(g) The Council for School Performance shall issue an annual report no later than December 1 of each year, commencing December 1, 1994. The report shall be an impartial evaluation of the progress made by each public school and each public school system in meeting national, state, and local educational goals. The report shall include information concerning outcomes of the state's investment in each public school and each public school system as well as a description of how each public school and each public school system utilized moneys derived from the Georgia Lottery for Education. The report shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Copies of

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the report shall be provided to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and to the chairpersons of the Education Committees of the Georgia Senate and House of Representatives."
SECTION 48.
Said chapter is further amended by striking in its entirety Code Section 20-2-290, relating to the organization of schools under the "Quality Basic Education Act," 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 achool ayatcma that operate middle school programs in middle schools which meet the criteria and standards prcacribcd by the atato board, subject to appropriation by the General Assembly. The amount of such grants ahall bo an additional 13 percent of all funda cal culatcd for the Quality Baaie Education Formula provided in Code Section 20 2-161 for atudcnta in grade levels aix, acvcn, and eight who arc counted in the full time equivalent count for tho middle grades program in atatc 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 the middle school grants program 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 86 55 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 tho sixtieth pcreontilc on a nationally normcd tost of reading achievement administered within the previous or current aehool year ao 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 granta program 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 the middle school grants program 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 qualify for the middle school grant program only for those students counted in the full-time equivalent count for the middle gradca school program in qualified middle schools."
SECTION 49.
Said chapter is further amended in Code Section 20-2-292, relating to sparsity grants and salaries of certain school superintendents under the "Quality Basic Education Act," by striking in its entirety subsection (d), which reads as follows:
"(d) The beginning salaries of school superintendents in systems less than the base size specified in Code Section 20-2-181 shall be paid in the same amount as the amount determined for salaries of school superintendents for base size systems."

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SECTION 50.
Said chapter is further amended in Part 13 of Article 6, relating to the organization of schools and systems under the "Quality Basic Education Act," by adding at the end thereof a new Code Section 20-2-294 to read as follows:
"20-2-294.

(a) It is the intent of the General Assembly that students receive academic instruction in permanent classrooms where possible and, further, that students be transported to schools that are within a reasonable distance from the student's place of residence. In order to allow for hardships imposed by inadequate classroom space and excessive distances, this Code section authorizes students to receive education services outside the school district in which they reside, subject to rules promulgated by the State Board of Education.
(b) A student enrolled in a public elementary or secondary school in this state may elect to request reassignment to a public school that is located within the school district in which the student resides other than the one to which the student has been assigned by the local board of education if the school to which the student has been assigned does not have available permanent classroom space in which the student can attend classes and a school within the district in which the student resides has permanent classroom space available. At any time during the school year in which a student is assigned to nonpermanent classroom facilities for instruction, the parent or guardian of a student may apply to the local board for reassignment.
(c) If the student's place of residence is located closer to a school other than the school assigned the student by the local board of education, regardless of the school district in which the closer school is located, and the distance or travel time to the school to which the student has been assigned is, in the determination of the State Board of Education, excessive, and the school which the student is applying to attend is the closest available public school offering a regular program to the student's residence and has available permanent classroom space, the State Board of Education may authorize the student to attend the closer school. State Quality Basic Education Program funds, including the local five mill share, allotted to the sending school system shall be reallotted to the receiving school system in an amount correlated to the number of transferred students. A student's request for reassignment shall be submitted in writing to the district offices of both the district in which the student resides and the district in which the student is requesting to attend school no later than seven days following the assignment of the student to a school and notification of assignment to the student's parent or guardian. Upon assignment of nonresident students, the school system that is providing services may elect to make application to the state for funds that represent the difference between the dollar amount per full-time equivalent student represented by the state program funds received and the total dollar amount per full-time equivalent student expended by the system for a similarly enrolled student; provided, however, that local transportation costs shall not be included in the amount requested. The Department of Education shall request funds in the midterm adjustment amount sufficient to provide for these costs after the amounts submitted have been adjusted to account for students moving between the same two school systems so as to subtract the base cost, represented as the lesser of the two local school system costs per full-time equivalent student amounts, from the greater amount.
(d) The responsibility for and cost of transporting the student to a school to which the student has been assigned under this Code section shall be that of the student. Nothing in this Code section shall be construed to interfere with desegregation plans in effect or any subsequent implementation thereof. Nothing in this Code section shall be construed to alter contractual relationships between two or more school systems."

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SECTION 51.
Said chapter is further amended by striking in its entirety Code Section 20-2-320, relating to a Quality Basic Education Program task force and the development of a statewide comprehensive educational information network, and inserting in lieu thereof a new Code Section 20-2-320 to read as follows:
"20-2-320.
(a) The Governor shall appoint a taak force steering committee to be composed of representatives from the Department of Education, the Department of Technical and Adult Education, the office of the Governor, the Office of Planning and Budget, the Office of Education Accountability, the Department of Audits and Accounts, the Depart' mcnt of Administrative Services the Georgia Technology Authority, the~Board of Regents of the University System of Georgia, the Office of School Readiness, local school systems, the Professional Standards Commission, the-Houac Research Office, the-Senatc Rcocareh Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The taak force steering committee is directed to identify any ether data which will be required from local units of administration, public libraries, colleges and universities, pre-kindergarten programs, the Professional Standards Commission, and area postsecondary vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network system which will provide for the accurate, seamless, and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network system. Data ahall include, at minimum, items apccifically identified for- profiles required pursuant to oubacetion (d) of Code Section 20 2-283. The taak force steering committee shall adopt a statement recommending recommend to the Education Coordinating Council data which would, at minimum, be regularly collected for storage at the state network system host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the network system host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized educational agencies. The taak force steering committee shall adopt a statement recommending make recommendations specifying the frequency by which each data component is transmitted. Such data ahall bc~tranamittcd by electronic medium no later than the completion date of the network ao provided in subsection (f) of thia Code section.
(b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state in grades kindergarten through 12. The State Board of Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational-technical schools of the state. The Board of Regents of the University System of Georgia shall develop and maintain an individual data record for each student enrolled in the colleges and universities of the state which it oversees. The Office of School Readiness shall develop and maintain an individual data record for each student enrolled in pre-kindergarten programs that it oversees. The Professional Standards Commission shall develop and maintain an individual data record for each certificated person employed in a public school. The taak force steering committee shall adopt a statement recommending recommend the specific data to be included and reeommcnding those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the taak force, steering committee; and the State Board of Education, the Board of Regents of the University Sys-

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tern of Georgia, the Office of School Readiness, the Professional Standards Commission, and the State Board of Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the grades pre-kindergarten through 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files.
(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of Education Accountability; the Education Coordinating Council; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Office of School Readiness; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network system, including individual student record and individual personnel record information retrieved by the Department of Education or , the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, or the Department of Technical and Adult Education, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the network system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force steering committee shall develop and adopt recommendations for procedures by which live data files resident on the network system host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, and the Department of Technical and Adult Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, and the Department of Technical and Adult Education shall adopt monitoring, editing, and verifying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the statewide comprehensive educational information network system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, and Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.
(d) The taak force steering committee shall further develop specifications for hardware and software acquisition and existing hardware and software for administrative uses. Such specifications shall be followed by the State Board of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the State Board of Technical and Adult Education, local units of administration, public libraries, and area postsecondary vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network system, subject to appropriation by

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the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational information network system comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board State Board of Education, the Board of Regents of the University System of Georgia, the State Board of Technical and Adult Education, the Office of School Readiness, and the Professional Standards Commission shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network system, including any funding needed for hardware and software for the Department of Education, the Department of Technical and Adult Education, the University System of Georgia, the Office of School Readiness, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools.
(e) The taak force steering committee shall develop a timetable for implementation of the state-wide comprehensive educational information network system and shall submit a written report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward completion of the network system. The taak force steering committee shall also submit its timetable and notice of all formal actions and recommendations to the State Board of Education and the Education Coordinating Council. The state board shall address all rccommcnda tiona aubmittcd by the taak force. A acparatc complete report on progress toward completion of the network shall be submitted acmiannually, prior to January 1 and July 1, to the Governor and to the Houac and Senate Education and Appropriation commit tcca by the Department of Education. This report shall identify any differences between state board actions or policies and corresponding taak force steering committee recommendations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific task force steering committee recommendation.
(f) The state-wide comprehensive educational information network system shall be fully completed by July 1, 1001 2003, subject to appropriation by the General Assembly for this purpose; provided, however, that the taak force steering committee shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1002 2004. Only during the period prior to final completion of the etwork system, the state board shall be authorized to specify data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network system, highest priority shall be given to the electronic transmission of complete fulltime equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system.
(g) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety in a form to be agreed upon between the departments enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.l) of Code Section 40-5-22."
SECTION 52.
Said chapter is further amended by repealing in its entirety Part 2 of Article 7, relating to additional state aid to school districts where parents live or work on state property, which reads as follows:

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"Part 2
20-2-350.
For any school district wherein 3 percent or more of the children in average daily attendance have parents or guardians who live or work full time on state-owned property, the State Board of Education shall, within the first 90 days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for in this article.
20-2-351.
In any such school district, it shall be the duty of the local school superintendent, within 30 days prior to the end of each fiscal year, to submit the following information to the State Board of Education:
(1) The total number of children attending the public schools, including elementary grades and high school grades, within the school district. Such total number of children shall be based on the average daily attendance of such schools;
(2) The total number of children attending such public schools whose parent or guardian lives or works full time on property owned by the state. Such total number shall be based on the average daily attendance at such school; and
(3) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year.
20-2-352.
The State Board of Education shall determine an average per pupil amount by dividing the total as determined by paragraph (3) of Code Section 20-2-351 by the total as determined by paragraph (1) of Code Section 20-2-351.
20-2-353.
The State Board of Education shall, after making the determination as required by Code Section 20-2-352, make an allotment to the school district for which such determination was made in an amount equal to 50 percent of the amount determined by multiplying the amount determined by Code Section 20-2-352 by the amount determined by paragraph (2) of Code Section 20-2-351.
20-2-354.
The information required by Code Section 20-2-351 may be verified by the State Board of Education. In the event the state board determines that the information is not accurate, the funds allotted by this article shall be increased or decreased as found by its determination; and in the event the funds allotted by this article have been paid to the school district involved, the state board shall, if its determination should show an overpayment, deduct the overpayment from any allotment made to the school district involved from any funds allotted to the school district from state appropriations.
20-2-355.
The funds appropriated by virtue of this article shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this article shall in no way be construed as

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to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law; provided, however, if the annual income of the state for any fiscal year shall fail to be sufficient to pay fully the entire appropriations made by the appropriations Act, the funds appropriated by this article shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly.
20-2-356.
The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this article."
SECTION 53.
Said chapter is further amended by repealing in its entirety Part 3 of Article 7, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions, which reads as follows:
"PartS
20-2-360.
The General Assembly recognizes that there exist serious areas of concern with respect to the method of taxation of financial institutions by the State of Georgia and that legislation to address these areas of concern may be enacted at the 1983 session or a future session of the General Assembly. The General Assembly further recognizes that if such legislation is enacted it may deprive local school systems of a revenue source and may provide an additional source of state revenue. The General Assembly therefore declares that the purpose of this part is to authorize a program of grants of state funds to local school systems, for which program state funds may be appropriated to alleviate financial burdens which may be imposed upon local school systems by any legislation affecting taxation of financial institutions.
20-2-361.
(a) There may be allotted annually to each local school system in the state for educational purposes, in addition to funds provided pursuant to other laws, certain grants as provided in this part.
(b) In any year in which the General Assembly shall appropriate funds for grants to local school systems by line-item appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the difference between the amount of revenue which will be derived during that year by the school system from the taxation of financial institutions under the law in effect for that year and the amount of revenue which would have been derived during that year by the school system if the method of taxation of financial institutions in effect on January 1, 1983, were still in effect.
(c) No funds shall be appropriated for purposes of this part unless legislation is enacted which changes the method of taxation of financial institutions in effect on January 1, 1983.

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20-2-362.
In any year in which funds are appropriated for purposes of this part, the State Board of Education shall determine what percentage of the total appropriation shall be allotted to each local school system under subsection (b) of Code Section 20-2-361. The state revenue commissioner shall provide to the State Board of Education any technical assistance necessary for purposes of determining such allotments."
SECTION 54.
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 lieu thereof a new subsection (a) to read as follows:
"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh sixth 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 sixth 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 education 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 55.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, reporting, and record keeping, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of

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competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.l) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information network system pursuant to subsection (b) of Code Section 20-2-320 and for the annual profilca pursuant to subsection (d) of Code Section 20 3-283."
SECTION 56.
Said chapter is further amended in Code Section 20-2-735, relating to the adoption of policies to improve the student learning environment by local boards of education, by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) It is the policy of this state that it is preferable to reassign disruptive students to iaolatcd and individual oriented in school auapcnaion programs or alternative educational settings rather than to suspend or expel such students from school."
SECTION 57.
Said chapter is further amended in Code Section 20-2-738, relating to the authority of a teacher over the classroom and procedures following the removal of a. student from a classroom, by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(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 achool ouapcnaion 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; 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 auapcnaion, or aann nalltt.eprrnnant.iivvep pedHuiicratinonn nprrnocgrrrnaTmrv;

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(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."
SECTION 58.
Said chapter is further amended in Code Section 20-2-740, relating to annual reports by local boards of education regarding disciplinary and placement actions, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(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 waa assigned to in-achool auopcnsion;
43X1) Actions in which a student was suspended for a period of ten days or less;
(3X2) Actions in which a student was suspended for a period of more than ten days but not beyond the current school quarter or semester;
(4X3) Actions in which a student was expelled beyond the current school quarter or semester but not permanently expelled;
{6X4) Actions in which a student was permanently expelled;
(6X5) Actions in which a student was placed in an alternative educational setting;
(?X6) Actions in which a student was suspended from riding the bus;
48X7) Actions in which corporal punishment was administered; and
(8X8) Actions in which a student was removed from class pursuant to subsection (b) of Code Section 20-2-738."
SECTION 59.
Said chapter is further amended in Code Section 20-2-768, relating to the expulsion or suspension of students for felonies, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) It is the policy of this state that it is preferable to reassign disruptive students to ioolntcd and individually oriented in school suspension programa or alternative educational settings rather than to suspend or expel such students from school."

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SECTION 60.
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 as provided in this Code section. 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 61.
Said chapter is further amended by striking in its entirety Code Section 20-2-769, relating to alternative education programs for elementary and secondary students, which reads as follows:
"20-2-769.

(a) The State Board of Education shall provide grants to local school systems for use in alternative education programs to serve students in grades 6-12 who violate student codes of conduct adopted by local boards of education. 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) Local boards of education shall establish either individually or in collaboration with another school system or systems an alternative education program for the purpose of providing a separate educational program for students who violate student codes of conduct and shall apply for grants to be distributed pursuant to this Code section.
(c) The alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum, and the instructional program shall enable students to make the transition back to a regular school program. Course credit shall be earned in the alternative education program in the same manner as in other education programs.
(d) The state board shall establish criteria and procedures for alternative education program grants. 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) Annual progress reports for each alternative education program must be filed with the State Board of Education. These reports shall include, at a minimum, a statement of:

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(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;
(3) The process by which students have been returned to 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 education program; and
(4) The average daily membership and the average daily attendance records for the program.
(f) 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.",
and inserting in lieu thereof a new Code Section 20-2-769 to read as follows:
"20-2-769.

(a) It is the policy of this state that the alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum and that the instructional program shall enable students to make the transition back to a regular school program as quickly as possible. Course credit shall be earned in an alternative education program in the same manner as in other education programs.
(b) Each school system shall provide an alternative education program that:
(1) Is provided in a setting other than a student's regular classroom;
(2) Is located on or off of a regular school campus and may include in-school suspension;
(3) Provides for the students who are assigned to the alternative education program to be separated from students who are not assigned to the program;
(4) Focuses on English language arts, mathematics, science, history, and selfdiscipline;
(5) Provides for students' educational and behavioral needs; and
(6) Provides supervision and counseling.
(c) An alternative education program may provide for a student's transfer to a different campus, a school-community guidance center, or a community-based alternative school.
(d) A school system may provide an alternative education program jointly with one or more other systems.

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(e) Each school system shall cooperate with government agencies and community organizations that provide services in the district to students placed in an alternative education program.
(f) For the 2000-2001 school year, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the full-time equivalent program count for grades six through 12. For the 2001-2002 school year and thereafter, the amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of students served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the full-time equivalent program count for grades six through 12.
(g) A school system shall allocate to an alternative education program the same expenditure for each student attending the alternative education program, including federal, state, and local funds, that would be allocated to the student's school if the student were attending the student's regularly assigned education program, including a special education program, except as otherwise provided in this Code section.
(h) Upon the request of a school system, a regional educational service agency may provide to the system information on developing an alternative education program that takes into consideration the system's size, wealth, and existing facilities in determining the program best suited to the system.
(i) If a student placed in an alternative education program enrolls in another school system before the expiration of the period of placement, the local board of education requiring the placement shall provide to the local school system in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The school system in which the student enrolls may continue the alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
(j) The State Board of Education shall adopt rules necessary to administer the provisions of this Code section. Academically, the mission of alternative education programs shall be to enable students to perform at grade level. Annually, the Office of Education Accountability shall define for alternative education programs acceptable performance and performance indicating a need for peer review, based principally on standards defined by the Office of Education Accountability that measure academic progress of students toward grade level while attending an alternative education program."
SECTION 62.
Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code section 20-2-771.1 to read as follows:
"20-2-771.1.
Each local board of education shall establish procedures to provide for the voluntary preenrollment of children at two years of age. Such procedures shall include a requirement that the parent or guardian of the child submit to the local board or to a school within the school system a certificate of immunization which indicates compliance with age specific immunizations as provided in Code Section 20-2-771."

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SECTION 63.
Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code Section 20-2-771.2 to read as follows:
"20-2-771.2.

The State Board of Education shall promulgate rules and regulations for the school nurse program. Such rules and regulations shall be in accordance with the restrictions set forth in Code Section 20-2-773."
SECTION 64.
Said chapter is further amended in Code Section 20-2-942, relating to the procedure for nonrenewal after acceptance by a teacher of a school year contract for a fourth consecutive school year, by adding at the end thereof a new subsection, to be designated as subsection (d), to read as follows:
"(d) A person who first becomes a teacher on or after July 1, 2000, shall not acquire any rights under this Code section to continued employment with respect to any position as a teacher. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights."
SECTION 65.
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools, by striking in its entirety Code Section 20-2-1183, relating to a prohibition against electronic pagers, and inserting in lieu thereof a new Code Section 20-2-1183 to read as follows:
"20-2-1183.

(a) No area, county, or independent board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education.
(b) Any student found in violation of the provisions of this Code section shall be subject to in school auapcnaion placement in an alternative education program."
SECTION 66.
Said chapter is further amended in Code Section 20-2-2064, relating to the approval or denial of a petition to establish a charter school, by adding at the end thereof a new subsection (d) to read as follows:
"(d)(l) The state board may grant a state charter for a special school as authorized by Article VIII, Section V, Paragraph VII of the Constitution. When a petition for a charter school has been denied by a local board of education, the state board may grant such a charter if:
(A) Such petition submitted by a local school has been agreed to on a secret ballot by a majority of the faculty and instructional staff of the petitioning local school, at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board;

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(B) Such petition submitted by a local school has been agreed to by a majority of the parents or guardians of students enrolled at the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board; and
(C) The state board finds that such petition meets the requirements set forth in Code Section 20-2-2063 and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and applicable state rules, regulations, policies, and procedures.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, the state board shall not grant a charter to a home study program or school, sectarian or religious school, private for profit school, private educational institution not established, operated, or governed by the State of Georgia, or an existing private school.
(3) The state board may require a local referendum of the qualified voters in all of the systems affected by a charter granted pursuant to this subsection. Such referendum shall be held at the next regularly scheduled general election or as otherwise authorized by the county or counties in which the school system is located. Such referendum shall be held for the purpose of deciding whether the local school board shall use local bonded indebtedness and school tax levies to support such charter school and the ballot question shall be approved by the State Board of Education."
SECTION 67.
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, by striking subsections (d) and (e) and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education;
(2) Meet achievement standards by meeting the following criteria:
(A) Meeting all achievement otandards for HOPE eligibility in hia or her junior ycdrj
(B)-Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and
(GXB) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and

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(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.
(e) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of the a quarter or semester in which the student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship."
SECTION 68.
Said chapter is further amended in Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An eligible student may receive HOPE grants for all course work required by the institution for twe programs of study leading to a certificate or diploma, including remedial or developmental studies. Such a. atudcnt may change hia or her program of study twice."
SECTION 69.
Said chapter is further amended in Code Section 20-3-519.7, relating to eligibility for a PROMISE teacher's scholarship, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) To be eligible for a PROMISE teacher's scholarship, a student seeking a bachelor's degree in teacher education shall:
(1) Be admitted, enrolled, and classified as aa a full-time or part-time undergraduate student in a matriculated status at an eligible postsecondary institution maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title W programs by the institution at which the student is enrolled;
(2) For a student in the junior year, have earned a minimum overall cumulative tW> 3.2 grade average in a postsecondary institution at the beginning of the first term for which scholarship aid is requested and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;
(3) For a student in the senior year, have received the PROMISE teacher's scholarship in his or her junior year, and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;
(4) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification; and

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(6) Not yet have obtained a baccalaureate degree; and
(6) (5) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled."
SECTION 70.
Said chapter is further amended in Part 7 of Article 7, relating to HOPE Scholarships and Grants, by striking in its entirety Code Section 20-3-519.10, relating to the application of HOPE scholarships and HOPE grants, and inserting in lieu thereof a new Code Section 20-3-519.10 to read as follows:
"20-3-519.10.
A HOPE scholarship and a HOPE grant may be applied only to tuition, *d mandatory fees, not covered by any Poll grant or other federal grant and book costs."
SECTION 71.
Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking paragraphs (8) and (9) and inserting in lieu thereof new paragraphs (8) through (11) to read as follows:
"(8) Establish a plan whereby employees of the Department of Technical and Adult Education may, through payroll deductions, make voluntary contributions to the Georgia Fund for Technical and Adult Education, Inc., provided that such plan shall:
(A) Be consistent with the requirements of subsection (b) of Code Section 45-2053, Code Section 45-20-54, Code Section 45-20-55, and Code Section 45-20-56; and
(B) Not interfere with the right of employees of the Department of Technical and Adult Education to make voluntary contributions to other charitable organizations pursuant to the provisions of Article 3 of Chapter 20 of Title 45; and
(9) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. Such program shall include the expenditure of funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technologyT ;
(10) Aipprcove a request by a postsecondary technical school or institution governed _uofn_do_ecrcthuthpiaisstiocnhaaallp_tdd_eeer_gt_roe_eb-_eg_rna_an_mti_negd__ast_ate_tuc_hs_nbi_cya_lt_hc_eo_llSe_gtaeteup_~Boo_na_trhd-_eo_-afpuT-p_er-oc_hv_-na_ilc-_aa_lnd_an_gd_ra_An_td_inu_lg_t Education and upon receiving accreditation by the Commission on Colleges of the Southern Association of Schools, the Council on Occupational Education, or any other appropriate accrediting agency approved by the United States Secretary of Education. The use of the name technical college shall not alter the governance of the technical school or institution as established under this chapter nor shall it abridge the authority of the Board of Regents of the University System of Georgia under the Constitution of this state; and

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(11) Submit an annual request for funding to the Office of Planning and Budget as prescribed in Code Sections 45-12-78 and 45-12-79. Such submission shall reflect a request for funds pursuant to an enrollment driven formula that reflects funds for direct instructional costs to include salaries and instructional supplies and equipment, funds for indirect support, maintenance and operation, staff and professional development, and media services. Such funding shall be subject to appropriation by the General Assembly."
SECTION 72.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end thereof a new chapter, to be designated as Chapter 14, to read as follows:
"CHAPTER 14 ARTICLE 1
20-14-1.
The General Assembly finds in regard to the creation of an Education Coordinating Council that said council should:
(1) Provide a forum for interagency communication regarding educational policy and programs;
(2) Provide for the effective and efficient coordination and seamlessness of public education programs and components within the education system of Georgia;
(3) Prevent unnecessary duplication of services within the education system of Georgia; and
(4) Oversee and review all education accountability programs from pre-kindergarten through postsecondary education in Georgia.
20-14-2.
There is created an education council to be known as the 'Education Coordinating Council' or 'council' and as used in this chapter, the term 'council' shall mean the Education Coordinating Council.
20-14-3.
(a) The council shall consist of the Governor, the State School Superintendent, the chairperson of the State Board of Education, the chancellor of the University System of Georgia, the chairperson of the Board of Regents of the University System of Georgia, the commissioner of the Department of Technical and Adult Education, the chairperson of the State Board of Technical and Adult Education, the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards Commission, and the director of the Office of School Readiness.
(b) The Governor shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws.
(c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days public notice for regular meetings and with such notice as the bylaws may prescribe for

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special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent.
20-14-4.

(a) Except as otherwise provided in this part, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council.
(b) The chairperson may designate from among the members of the council one or more committees, each consisting of two or more members of the council, which shall have and exercise such authority as the council may delegate to it under such procedures as the council may provide by resolution establishing such committee or committees.
20-14-5.

The council shall issue an annual report. Copies shall be distributed to each member of the General Assembly not later than the first Monday in December of every year, commencing December 2001. The report shall include:
(1) A summary of the council's activities, findings, recommendations, and decisions over the past year; and
(2) Such other matters as the council shall determine to include.
20-14-6.

All departments, boards, and offices represented on the council, the Office of Planning and Budget, and the Office of Education Accountability shall select and appoint such personnel as each such department, board, or office shall determine to be necessary to support the council in the performance of its duties, with the approval of the council. Such personnel shall serve at the direction of the council. Payment for all costs and salaries of such personnel shall come from funds appropriated to the respective departments, boards, and offices.
20-14-7.

The council shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To adopt bylaws for its internal government and procedures;
(3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose for which the council is created;

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(4) 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 article and to comply, subject to the provisions of this article, with the terms and conditions thereof;
(5) To fix and collect fees and charges for data, information, and incidental services furnished by it to any private individual or entity;
(6) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; and
(7) To promulgate rules and regulations for the purposes and pursuant to the powers enumerated in this article.
20-14-8.
The council shall have the following general powers and duties, in addition to any and all other powers enumerated in this article, any or all of which may be exercised by the council directly or by the Office of Education Accountability under the direction and supervision of the council:
(1) To foster coordination and cooperation among the chief officers of the departments, boards, and offices represented on the council;
(2) To develop a seamless and integrated public education system;
(3) To require the shared and efficient expenditures for and utilization of facilities, personnel, and other resources;
(4) To require the seamless coordination of curriculum among the departments, boards, and offices represented on the council;
(5) To require reasonable ease of transition for students among the educational institutions represented on the council;
(6) To establish and require high and necessary levels of student achievement at all levels of education;
(7) To exercise oversight of accountability systems that are within or among the departments, boards, and offices represented on the council and develop overlay accountability systems through the Office of Education Accountability;
(8) To exercise supervision and oversight over the Office of Education Accountability created in Part 2 of Article 2 of this chapter;
(9) To coordinate the activities of state, regional, and local cooperative public education agencies, offices, or councils, including, but not limited to, the state's regional educational service agencies or other such groups that may be created in addition or in their place;
(10) To ensure the availability and quality of the education work force through preparation, professional development, and nontraditional routes to employment;

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(11) To oversee the development and implementation of a comprehensive systemwide education student information system that will support the implementation of an education accountability system and improve the seamless operation of public education;
(12) To simplify rules and regulations by all departments, boards, and office represented on the council;
(13) To develop a state-wide mentoring program that enhances student achievement at all levels of public education;
(14) To establish and coordinate a school safety collaborative with representation from agencies and organizations designated by the council to improve the school climate and enhance school safety; and
(15) To mediate disputes among the Department of Education, the University System of Georgia, the Department of Technical and Adult Education, the Professional Standards Commission, the Office of School Readiness, and the Office of Education Accountability in matters regarding accountability or education system seamlessness.
20-14-9.
All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council.
20-14-10.
Any decision or action by the council directing action by any department, board, or office represented on the council shall be placed on the agenda of the next regularly scheduled meeting of the governing body of the affected department, board, or office for immediate action. The action taken by the affected department, board, or office shall be reported to the council at the next regularly scheduled meeting of the council.
20-14-11.
(a) The director of the budget may delegate to the council the authority provided by subsection (a) of Code Section 45-12-78 and subsection (a) of Code Section 45-12-79 to receive and examine the statements and estimates of any department, board, or office represented on the council. Pursuant to such delegation, the council may make such further investigation as the council deems advisable and shall direct such changes or revisions in policies or programs in such specific details as the council finds warranted. Thereafter, the council shall submit such revised statements and estimates to the Office of Planning and Budget.
(b) The delegation of authority authorized in subsection (a) of this Code section shall not limit the authority of the director of the budget to make or cause to be made, with respect to any department, board, or office represented on the council, such investigation by the Office of Planning and Budget or the direction of such changes or revisions in policies or programs and in such specific detail as he or she finds warranted, as provided by subsection (a) of Code Section 45-12-79.

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ARTICLE 2 Part 1
20-14-20.
As used in this part, the term:
(1) 'Board of regents' means the Board of Regents of the University System of Georgia.
(2) 'Council' means the Education Coordinating Council created in Article 1 of this chapter.
(3) 'Director' means the director of the Office of Education Accountability.
(4) 'Early intervention program' means the program established under Code Section 20-2-153.
(5) 'Office' means the Office of Education Accountability.
Part 2
20-14-25.
(a) There is created the Office of Education Accountability.
(b) The chief administrative and executive officer of the office shall be the director, who shall be appointed by the Governor with the advice and consent of the Senate. Subject to the general policy established by the Education Coordinating Council, the director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office as provided by law. The director shall receive a salary to be determined by the Governor.
(c) The director shall have the authority to employ all personnel of the office, subject to the provisions of this part and all applicable provisions of other laws governing public employment.
(d) The office may adopt a seal for its use and shall be authorized to enter into contracts to fulfill its duties under this article.
(e) The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget.
20-14-26.
(a) The office shall have the following powers and duties:
(1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components;
(2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council;

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(3) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council;
(4) To assist the council in the development of a state-wide education student information system;
(5) To serve as staff to the council; and
(6) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council.
(b) The member agencies of the council and other departments, boards, and offices of this state shall cooperate fully with the office and shall provide the office with all information that the council deems necessary for the office to discharge its accountability duties under this Code section regarding the education programs and units governed by such member agencies or other departments, boards, or offices.
20-14-27.
(a) The office shall submit the following reports to the council:
(1) An annual report regarding pre-kindergarten education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The pre-kindergarten report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all pre-kindergarten and child care programs under the administrative control of the Office of School Readiness. The pre-kindergarten report shall include information concerning results of the state's investment in each pre-kindergarten program;
(2) An annual report regarding elementary and secondary education shall be submitted no later than December 1 of each year, commencing December 1, 2001. The elementary and secondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all elementary and secondary education programs administered by the Department of Education. The elementary and secondary education report shall include information concerning results of the state's investment in each public school and each public school system;
(3) An annual report regarding postsecondary education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The postsecondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all universities, colleges, institutes, and schools in the University System of Georgia and under the governance of the Department of Technical and Adult Education. The postsecondary education report shall include information concerning results of the state's investment in each university, college, institute, and school; and
(4) An annual report regarding the Georgia education work force shall be submitted no later than December 1 of each year, commencing December 1, 2002. The Georgia education work force report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for

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the education work force status under the administrative control of the Professional Standards Commission. The Georgia education work force report shall contain information on the results of the state's investments in teacher preparation, educators' professional development, education leadership development, in-field teaching, geographic teacher shortages, alternative routes to teacher certification, and other general information and indicators on the quality of the education work force.

(b) Each report provided for in this Code section shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Such reports shall be distributed to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the Education and Higher Education committees of the Senate and House of Representatives, members of the General Assembly, members of the state education governing boards or commissions, and members of the council. In addition, such reports shall be posted on the website of the office.

Part 3

20-14-30.

The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.

20-14-31.



Except as otherwise provided in this article, the office shall establish the level of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.

20-14-32.

The office's state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports required of the office.

20-14-33.

(a) The office shall adopt and biennially review and revise as necessary, indicators of the quality of learning by students in an individual school.

(b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:

(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area;

(2) Dropout rates for each school;

(3) Student attendance rates for each school;

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(4) School completion rates for each school;
(5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281;
(6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule;
(7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281;
(8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects;
(9) The results of the Scholastic Assessment Test;
(10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281;
(11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and
(12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts.
(c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard shall be established by the office as provided in Code Section 20-2-281. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 20-14-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:
(1) A school grade of A, B, C, D, or F on the established absolute student achievement standard;
(2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and
(3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section.
(e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of

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those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(f) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Education's educational information system in accordance with rules and timelines established by the office.
(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Education's educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(h) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a "below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(i) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.
20-14-34.
(a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance;
(2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and
(3) Comparable school group performance.
This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions.
(b) The report card shall include the following information, where applicable:
(1) The individual school grades as defined in subsection (e) of Code Section 20-1433;
(2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33;

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(3) Student-teacher ratios; and
(4) Administrative and instructional costs per student and other financial accounting information as may be required.
(c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided in subsection (a) of Code Section 20-14-35.
(d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and local school system level.
20-14-35.
(a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director;
(2) Raise or lower any performance rating as a result of the audit; and
(3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated.
(b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34.
(c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditor's report and obtaining information from teachers in a manner that prevents a school or school system from screening the information.
(d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education.
(e) The director may authorize other school audits to be conducted under the following circumstances:
(1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or
(2) When a school or school system has not provided student performance information to the Department of Education's educational information system as required under subsection (b) of Code Section 20-2-167.

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20-14-36.
The office shall recommend, and the council shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.
20-14-37.
The Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined in Code Section 20-14-33.
20-14-38.
(a) Financial awards will be provided to the schools that the office determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system.
(b) Financial awards will be provided to each school that achieves a grade of A or B as defined in Code Section 20-14-33 for performance on both the absolute student achievement standard and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B in either or both categories will be provided a bonus for the year the school achieved those grades of $1,000.00 for each grade of A and $500.00 for each grade of B. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school and $5,000.00 for each B grade for the school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school.
(c) In addition, the Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the state's education goals under Code Section 20-14-30.
20-14-39.
The award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office.

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20-14-40.

All individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.

20-14-41.

(a) If a school has a grade of D or F on student performance for the absolute student achievement standard or on progress on improved student achievement as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The State Board of Education shall prescribe the appropriate level of intervention and may include one or more of the following increasingly severe interventions:

(1) Issuing public notice of the deficiency to the local board of education;

(2) Ordering a hearing to be conducted by the local board of education at the school for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance;

(3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the director for approval, and implementation of the plan;

(4) Appointing a Department of Education school improvement team to:

(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel;

(B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, waivers from state statutes or rules, extended instruction time for low-performing students, smaller class size for low-performing students, or other actions the team considers appropriate;

(C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and

(D) Assist the director in monitoring the progress of the school in implementing the intensive school improvement plan focused on student achievement;

(5) If a school has received a grade of D or F for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or

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(6) If a school has received a grade of D or F for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity:
(A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration;
(B) Allow for the implementation of a state charter school through the designation by the State Board of Education;
(C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years;
(D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or
(E) Mandate a monitor, master, or management team in the school that shall be paid by the district.
(b) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school.
(c) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team.
(d) The State Board of Education shall annually report by June 30 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and comment on the report.
Part 4
20-14-50.
(a) The office shall create and the council shall adopt the rules and policies that support a postsecondary accountability assessment program that is primarily performance based.
(b) The office shall develop and the council shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the University System of Georgia and the Department of Technical and Adult Education.
(c) The office and the board of regents shall identify, define, and develop such performance indicators and measures by December 1, 2001. The first report card on universities and colleges shall be implemented and produced by the office by December 1, 2002.

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(d) The office and the State Board of Technical and Adult Education shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the department, institutes, and schools by December 1, 2002.
(e) After December 1, 2002, the office shall audit those postsecondary institutions, schools, colleges, or programs as necessary in implementing the education accountability system described in this part.
Part 5
20-14-60.
(a) The office, with the approval of the council, shall create and the Office of School Readiness shall adopt the rules and policies that support a pre-kindergarten accountability assessment program that is primarily performance based.
(b) The office shall develop and the Office of School Readiness shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Office of School Readiness.
(c) The office and the Office of School Readiness shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Office of School Readiness and prekindergarten programs by December 1, 2002.
(d) After December 1, 2002, the office shall audit those pre-kindergarten programs as necessary in implementing the education accountability system described in this part.
Part 6
20-14-70.
(a) The office, with the approval of the council, shall create and the Professional Standards Commission shall adopt the rules and policies that support an education work force accountability assessment program that is primarily performance based.
(b) The office shall develop and recommend and the Professional Standards Commission shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Professional Standards Commission and the Georgia education work force.
(c) The office and the Professional Standards Commission shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Professional Standards Commission and the Georgia education work force by December 1, 2002.
(d) After December 1, 2002, the office shall audit the education work force practicing in this state and all teacher preparation and professional development programs as necessary in implementing the education accountability system described in this part.
Part 7
20-14-80.
(a) There shall be a comprehensive educational information system steering committee as provided in Code Section 20-2-320.

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(b) The office shall provide a member to the educational information system steering committee to assure that all necessary data, information, and specifications are included in the development of and changes to the educational information system for purposes of education accountability."
SECTION 73.
Said chapter is further amended by striking in its entirety the term "comprehensive educational information network" and inserting in lieu thereof the term "comprehensive educational information system" wherever it appears in:
(1) Subsection (m) of Code Section 20-2-260, relating to capital outlay funds under the "Quality Basic Education Act"; and
(2) Subsection (a) of Code Section 20-2-697, relating to student attendance reports and records kept by public elementary and secondary schools.
SECTION 74.
The Official Code of Georgia Annotated is amended by striking in its entirety the term "local fair share" and inserting in lieu thereof the term "local five mill share" wherever it appears in:
(1) Subsection (a) of Code Section 20-2-133, relating to free public instruction of elementary and secondary students;
(2) Paragraph (2) of subsection (a) of Code Section 20-2-166, relating to the calculation and allotment of state funds to local school systems under the "Quality Basic Education Act";
(3) Paragraph (2) of subsection (a) of Code Section 20-2-187, relating to the statewide school lunch program for elementary and secondary students;
(4) Subsections (a) and (c) of Code Section 20-2-250, relating to projects to improve effectiveness under the "Quality Basic Education Act";
(5) Subsection (b) of Code Section 20-2-252, relating to electronic technology plans and grants under the "Quality Basic Education Act";
(6) Subsection (d) of Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary school administration and elementary and secondary schools; and
(7) Subsection (m) of Code Section 48-5-7.5, relating to the assessment of standing timber for ad valorem taxation."
SECTION 75.
This Act shall become effective on July 1, 2000.
SECTION 76.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

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Representatives Jones of the 71st and Bordeaux of the 151st move to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by striking all matter on lines 29 through 34 of page 124 and inserting in place thereof the following:
"(d) A teacher who had acquired any rights to continued employment under this Code Section prior to July 1, 2000, shall retain such rights. A person who first becomes a teacher on or after July 1, 2000, shall be entitled to the following specifically enumerated procedural protections but shall not acquire any other rights under this Code section:
(1) The right to receive a. tender of contract or a notification of intent not to renew his or her contract as provided in subsection (b) of Code Section 20-2-211;
(2) The right to receive upon request a written explanation for failure to renew a contract, as provided in subsection (b) of Code Section 20-2-211; and
(3) The right to a hearing before the local board of education with respect to the nonrenewal.
Without limiting the generality of the foregoing, it is specifically provided that subsection (a) of Code Section 20-2-940 shall not apply with respect to the nonrenewal of a contract of a person who first becomes a teacher on or after July 1, 2000. It is further specifically provided that with respect to persons who first become teachers on or after July 1, 2000, this Code section shall provide the procedural protections specified in this subsection but shall not limit the substantive discretion vested in local school systems with respect to employment of such teachers, shall not create a reasonable expectation of continued employment on the part of such teachers, and shall not vest in such teachers any property right in continued employment."

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

N Alien
N Anderson
N Ashe Bailey
N Bannister 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 Y Bunn N Burkhalter N Byrd N. Callaway E Campbell Y Cash Y Channell Y Childers Y Clark N Coan N Coleman, B

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

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

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

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

640
N Smith, P N Smith, T N Smith, V N Smyre N Snelling N Snow N Squires

JOURNAL OF THE HOUSE

N Stallings N Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes Y Stuckey

N Taylor B Teague N Teper N Tillman Y Tolbert N Trense N Turnquest

N Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West N Westmoreland

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

On the adoption of the amendment, the ayes were 37, nays 134. The amendment was lost.

Due to a mechanical malfunction, the vote of Representatives Floyd of the 138th, Purcell of the 147th and Bailey of the 93rd were not recorded on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following amendment was read:
Representative Pelote of the 149th moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by striking line 35 of page 54 and inserting in lieu thereof the following:
"boards of education. The maximum class size restrictions provided for in this subsection shall become effective beginning with the 2002-2003 school year.'"

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

N Alien N Anderson N Ashe N Bailey N Bannister N Barnard N Barnes N Benefield N Birdsong N Bohannon Y Bordeaux N Borders N Bridges Y Brooks N Brown N Buck N Buckner N Bulloch
Bunn N Burkhalter N Byrd N Callaway E 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 Y Day N Dean Y DeLoach, B N DeLoach, G N Dix Y Dixon
Dodson N Dukes N Ehrhart N Epps N Evans N Everett N Pelton
Floyd N Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard Y Heckstall N Hegstrom N Hembree

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

N McKinney N Millar N Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons Y Pelote N Pinholster N Poag N Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves Y Reece N Reed N Reese N Reichert N Rice N Richardson Y 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 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 N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor

E Teague N Teper N Tillman N Tolbert

THURSDAY, FEBRUARY 10, 2000

N Trense N Turnquest N Twiggs N Unterman

N Walker, L N Walker, R.L N Watson N West

N Westmorland N Whitaker N Wiles N Williams, J

641
N Williams, R N Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 13, nays 157. The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Floyd of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:
Representative Snow of the 2nd et al. move to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by striking line 25 of page 45 and inserting in lieu thereof the following:
"the funds were earned. For the 2000-2001 and 2001-2002 school years, classroom aide positions may be used to increase class size in any grade as specified by state board rule. On and after July 1, 2002, classroom aide positions may not".
By adding between lines 23 and 24 of page 50 the following:
"(a.l) For the fiscal years ending on June 30, 2001, and June 30, 2002, the program weights for the kindergarten, kindergarten early intervention, primary grades, and primary grades early intervention program, when multiplied by the base amount, shall reflect sufficient funds to provide classroom aides to assist teachers."
By striking line 14 of page 54 and inserting in lieu thereof the following:
"classrooms; provided, however, that prior to July 1, 2002, the local school system may satisfy the provisions of this subsection by including more than one certificated or noncertificated instructional person in the requisite number of classrooms. On and after July 1, 2002, under no circumstances shall a noncertificated".
By striking line 17 of page 54 and inserting in lieu thereof the following:
"subsection. On and after July 1, 2000, under no circumstances shall the maximum".

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

N Alien N Andersen N Ashe N Bailey Y 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 Y Burkhalter N Byrd Y Callaway

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

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

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

642
Y Grindley Y Haramontrei N Manner 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
Hudson, N N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings

JOURNAL OF THE HOUSE

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

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

Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp Y Sholar Y 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 Y Snow N Squires N Stallings N Stancil N Stanley, P

N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor E Teague N Teper N Tillman Y Tolbert N Trense N Turnquest Y Twiggs Y Unterman N 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 64, nays 110.
The amendment was lost.
Due to a mechanical malfunction, the vote of Representative Floyd of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read:
Representative Cooper of the 31st moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by adding on line 5 of page 4 after the word and symbol "tests;" the following:
"to prohibit the promotion to the next grade level of students who fail to achieve satisfactory scores on criterion-referenced competency tests, writing assessments, and endof-course assessments; to provide for certain certifications to be made by the State Board of Education and for notices to students and their parents or guardians;".
By adding between lines 15 and 16 of page 94 the following:
"SECTION 45A.
Said chapter is further amended in Part 12 of Article 6, relating to the effectiveness of educational programs under the 'Quality Basic Education Act,' by adding a new Code Section 20-2-281.1 to read as follows:
'20-2-281.1.
(a) No local school system receiving funds under this article shall promote a student to the next grade level unless the student has earned a satisfactory score, as defined by the Office of Education Accountability pursuant to Code Section 20-14-31, on the

THURSDAY, FEBRUARY 10, 2000

643

criterion-referenced competency tests in English and language arts, mathematics, and reading administered to students in grades one through eight; the criterion-referenced competency tests in science and social studies administered to students in grades three through eight; the end-of-course assessments for core subjects administered to students in grades nine through 12; and the writing assessment administered to students in grades three, five, eight, and 11, as applicable to the student.
(b) The limitation on promotion provided for in subsection (a) of this Code section shall be effective beginning in the school year following certification by the State Board of Education, for each such test or assessment for each such grade, that the material upon which the students in the particular grade are being tested or assessed is actually being taught. In determining whether to make such certification, the State Board of Education may use data and information supplied by local school systems.
(c) Local boards of education shall provide for notice to students and parents or guardians, at the beginning of the 2000-2001 school year, that earning a satisfactory score on such tests and assessments shall become a condition of promotion to the next grade level and that such condition of promotion will not become effective until after such certification by the State Board of Education. Following the State Board of Education's certification with respect to the teaching of particular material in a particular grade, local boards of education shall give notice to students and parents or guardians that earning a satisfactory score on such test or assessment will become a condition of promotion in the next school year.
(d) The limitation on promotion provided for in subsection (a) of this Code section shall not apply to any disabled student who is lawfully assigned to a special education program unless such limitation is consistent with the student's Individualized Education Program.
(e) The State Board of Education shall promulgate rules for the administration of this Code section. Such rules shall address requirements for remediation to be provided to students and multiple administrations of the tests and assessments described in subsection (a) of this Code section to students failing to achieve satisfactory scores.'".

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield
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 E Campbell Y Cash

N Channel! N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox N Crawford N Cummings Y Davis, M Y 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
Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin 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 Y Massey N McBee Y McCall N McClinton

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

644
N Reed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid

JOURNAL OF THE HOUSE

Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner

Y Stephens Y Stokes N Stuckey N Taylor E Teague N Teper N TUlman Y Tolbert Y Trense N Turnquest N Twiggs Y Unterman

N Walker, L Y Walker, R.L N Watson Y West Y Westmorland N Whitaker Y Wiles Y Williams, J N Williams, H N Wix Y Yates
Murphy, Spin-

On the adoption of the amendment, the ayes were 71, nays 104.
The amendment was lost.
Due to a mechanical malfunction, the vote of Representative Floyd of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Williams of the 114th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following amendment was read:
Representative Snelling of the 99th moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by striking line 8 of page 6 and inserting in lieu thereof the following:
"performance, including the provision of scholarships to students in such schools to attend a private school or a public school located in a school district other than the one in which the student resides; to provide for the duties of the Office or.
By adding between lines 27 and 28 of page 148 the following:
"(E) Make available to each student enrolled in such a school a scholarship to be expended for the purpose of paying or otherwise defraying the cost of tuition at an accredited private school or at a public school located in a school district other than the one in which the student resides. The amount of the scholarship shall be equal to the lesser of the following:
(i) The amount of tuition applicable to the private or public school in which the student is enrolled; or
(ii) Ninety percent of the state per pupil expenditure for the local school system in which the school earning a grade of D or F is located. The state per pupil expenditure shall be calculated as the amount allotted to the local school system pursuant to Code Section 20-2-166 divided by the full-time equivalent program count of the local school system, as determined pursuant to subsection (d) of Code Section 20-2-160.

THURSDAY, FEBRUARY 10, 2000

645

Any student receiving a scholarship pursuant to this subparagraph shall be subject to the assessments provided for in Code Section 20-2-281, and the local board of education for the school district in which such a student resides shall provide for the administration of the assessments to such students. The office shall establish a group rating for the students receiving scholarships pursuant to this subparagraph in the manner provided for individual public schools in subsection (d) of Code Section 20-14-33. No private school which a student receiving a scholarship pursuant to this subparagraph attends shall require such a student to participate in any religious activity if the student's parent or guardian submits to the teacher or the school's principal a written request that the student be exempt from such activities;".

By striking the letter and symbol "(E)" on line 29 of page 148 and inserting in lieu thereof the letter and symbol "(F)".

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

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

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

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

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

On the adoption of the amendment, the ayes were 67, nays 106. The amendment was lost.

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JOURNAL OF THE HOUSE

Due to a mechanical malfunction, the vote of Representative Floyd of the 138th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Roberts of the 162nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:
Representative Rice of the 79th moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by adding between lines 6 and 7 of page 149 the following:
"(e) At any time prior to date when the office has established an individual rating for each school of A, B, C, D, or F pursuant to subsection (d) of Code Section 20-14-33 based on results of criterion-referenced competency tests and end-of-course assessments that are developed after July 1, 2000, and using a fully complete state-wide comprehensive educational information system, the office shall be authorized and is directed to utilize any or all of the following results of academic assessment instruments administered pursuant to Code Section 20-2-281 to determine whether a school has earned a grade of D or F:
(1) Criterion-referenced tests that were developed prior to July 1, 2000;
(2) Nationally norm-referenced instruments;
(3) Curriculum-based assessments administered in grade 11 for graduation purposes; and
(4) Writing assessments.
The determination pursuant to this subsection that a school has earned a grade of D or F shall be used only for the purposes of recommending and prescribing appropriate levels of interventions pursuant to this Code section."

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

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

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

Y DeLoach, G
Y Dix
Y Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell

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

N Jones
Y Joyce
Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J 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 N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell
N Purcell Ragas

THURSDAY, FEBRUARY 10, 2000

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 Y Scheid

Y Scott N Shanahan N Shaw
N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P
N Smith, T Y Smith, V

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

647
N Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmorland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 65, nays 111.
The amendment was lost.
The following amendment was read:
Representative Scott of the 165th moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by striking line 32 of page 41 and inserting in lieu thereof the following:
"provided, however, that for fiscal year 2001 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by 1.00 and adding that amount to calculation amount B; provided, further, that for fiscal year 2002 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .80 and adding that amount to calculation amount B; provided, further, that for fiscal year 2003 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .60 and adding that amount to calculation amount B; provided, further, that for fiscal year 2004 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equal-

648

JOURNAL OF THE HOUSE

ized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .40 and adding that amount to calculation amount B; provided, further, that for fiscal year 2005 the amount".
By striking the number ".25" on line 1 of page 42 and inserting in lieu thereof the number ".20".
By striking lines 2 through 10 of page 43 and inserting in lieu thereof the following:
"local school systems.'".

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

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

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

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

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

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey
Taylor E Teague N Teper N Tillman Y Tolbert N Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmorland 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 67, nays 106. The amendment was lost.
Representative Cooper of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following amendment was read:

THURSDAY, FEBRUARY 10, 2000

649

Representative Williams of the 83rd moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by striking the phrase "Office of Education Accountability"and inserting in lieu thereof the phrase "State Board of Education" wherever it appears on lines 40 and 41 of page 3; line 20 of page 12; and line 19 of page 17.
By striking lines 27 and 28 of page 5 and inserting in lieu thereof the following:
"an Education Coordinating Council; to make certain findings with respect to the".
By striking lines 33 through 43 of page 5 and inserting in lieu thereof the following:
"Education Coordinating Council; to create an Office of Education Accountability and provide for the appointment of its members; to provide for reports to be made by the Education Coordinating Council; to direct the State Board of Education to create and implement an accountability assessment program for students in grades kindergarten though 12; to provide for certain performance standards to be established by the Office of Education Accountability; to provide for indicators of student achievement and school improvement, to be established by the Office of Education Accountability; to".
By striking line 45 of page 5 through line 1 of page 6 and inserting in lieu thereof the following:
"and the preparation of school report cards by the State Board of Education; to provide for audits of schools by the State Board of Education and the Office of Education Accountability; to provide for financial and other awards to".
By striking line 5 of page 6 and inserting in lieu thereof the following: "provide for the".
By striking lines 8 and 9 of page 6 and inserting in lieu thereof the following:
"performance; to provide for the duties of the Education Coordinating".
By striking lines 13 through 18 of page 6 and inserting in lieu thereof the following:
"assessment program; to provide for the duties of the Education Coordinating Council and the State Board of Education with respect to a pre-kindergarten accountability assessment program; to provide for the duties of the Education Coordinating Council and the".
By striking lines 33 and 34 of page 23 and inserting in lieu thereof the following:
"by the State Board of.
By striking the phrase "Office of Education Accountability" and inserting in lieu thereof the phrase "State Board of Education" wherever it appears on line 36 of page 23.
By striking lines 13 and 14 of page 49 and inserting in lieu thereof the following:
"information and times necessary to the".
By striking lines 38 and 39 of page 93 and inserting in lieu thereof the following:
"Board of Education and local school system. The information".
By striking lines 18 and 19 of page 107 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE

"Planning and Budget, the Department of Audits and Accounts, the". By striking line 9 of page 109 and inserting in lieu thereof the following: "the Education". By striking lines 24 and 25 of page 132 and inserting in lieu thereof the following:
"council and the Office of Planning and Budget shall select and appoint such". By striking lines 25 through 28 of page 133 and inserting in lieu thereof the following:
"in this article:". By striking lines 9 and 10 of page 134 and inserting in lieu thereof the following:
"accountability systems;". By striking lines 11 through 13 of page 134 and renumbering paragraphs (9) through (15) on page 134 as paragraphs (8) through (14). By striking line 41 of page 134 and line 1 of page 135 and inserting in lieu thereof the following:
"Professional Standards Commission and the Office of School Readiness in". By striking lines 9 through 14 of page 136 and inserting in lieu thereof the following:
"(3) 'Early intervention program' means the program established under Code Section 20-2-153.
(4) 'State board' means the State Board of Education.". By striking lines 16 through 38 of page 136 and inserting in lieu thereof the following:
"20-14-25.

There is created the Office of Education Accountability. The office shall be composed of three members. One member shall be appointed by the Governor, one member shall be appointed by the State School Superintendent, and one member shall be selected by the other two members. Members of the office shall serve without compensation. The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the State Board of Education."
By striking lines 1 through 41 of page 137.
By striking lines 1 through 3 of page 138 and inserting in lieu thereof the following:
"20-14-26.

(a) The council shall prepare the following reports:".
By striking the word "submitted" and inserting in lieu thereof the word "completed" wherever it appears on lines 5, 16, 27, and 39 of page 138.
By striking line 9 of page 138 and inserting in lieu thereof the following:
"defined by the state board for".

THURSDAY, FEBRUARY 10, 2000

651

By striking line 20 of page 138 and inserting in lieu thereof the following:
"and defined by the state board".
By striking lines 30 and 31 of page 138 and inserting in lieu thereof the following:
"made on performance indicators identified and defined as provided in Code Section 20-14-50 for all".
By striking line 43 of page 138 and inserting in lieu thereof the following:
"and defined as provided in Code Section 20-14-70".
By striking lines 18 through 21 of page 139 and inserting in lieu thereof the following:
"and House of Representatives, members of the General Assembly, and members of the state education governing boards or commissions. In addition, such reports shall be posted on the website of the council.".
By striking lines 24 and 25 of page 139 and inserting in lieu thereof the following:
"The state board shall create and implement a state-wide grades kindergarten through".
By striking the word "office" and inserting in lieu thereof the words "Office of Education Accountability" wherever it appears on line 31 of page 139; line 7 of page 140, lines 4, 10, 14, and 36 of page 141.
By striking the word "office" and inserting in lieu thereof the phrase "state board" wherever it appears on line 5 of page 140; line 25 of page 141; lines 7, 16, 32, and 37 of page 142; lines 23 and 40 of page 143; line 19 of page 144; lines 1 and 14 of page 145; lines 17 and 41 of page 146; and line 11 of page 150.
By striking line 41 of page 139 and inserting in lieu thereof the following:
"The state board's accountability analysis and".
By striking lines 4 through 6 of page 141 and inserting in lieu thereof the following:
"(12) Any other indicator adopted by the Office of Education Accountability."
By striking lines 8 and 9 of page 142 and inserting in lieu thereof the following:
"(g) The state board shall adopt a uniform".
By striking lines 23 and 24 of page 142 and inserting in lieu thereof the following:
"(h) The state board shall adopt a uniform".
By striking the phrase "State Board of Education" and inserting in lieu thereof the phrase "state board" wherever it appears on line 30 of page 143; lines 8, 11, and 16 of page 146; lines 4, 5, 15, 16, and 31 of page 148.
By striking lines 8 and 9 of page 144 and inserting in lieu thereof the following:

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"(b) The state board shall determine the frequency of on-site audits according to annual comprehensive".
By striking lines 28 and 29 of page 144 and inserting in lieu thereof the following:
"intervention strategies.".
By striking the word "director" and inserting in lieu thereof the phrase "state board" wherever it appears on line 30 of page 144; line 18 of page 145; and lines 33 and 41 of page 147.
By inserting between lines 38 and 39 of page 144 the following:
"(f) The Office of Education Accountability may conduct on-site audits of any school at any time, in accordance with the procedures established by the state board pursuant to Code Section 20-14-36 and subject to the requirements of subsection (c) of this Code section."
By striking line 40 of page 144 and inserting in lieu thereof the following:
"The state board shall adopt".
By striking the word "Office" or "office" and inserting in lieu thereof the phrase "Department of Education" wherever it appears on line 3 of page 145 and line 6 of page 151.
By striking lines 20 and 21 of page 146 and inserting in lieu thereof the following:
"and reports received by the Department of Education and the state board under this".
By striking line 28 of page 146 and inserting in lieu thereof the following:
"determined by the Office of Education Accountability, the Department of Education, in the audit report".
By striking lines 1 through 6 of page 149 and inserting in lieu thereof the following:
"(d) By June 30 of each year, the state board shall review the status of the interventions imposed on low-performing schools and consider ending, extending, or upgrading the interventions on those schools.".
By striking line 9 of page 149 and inserting in lieu thereof the following:
"(a) The council shall adopt".
By striking line 13 of page 149 and inserting in lieu thereof the following:
"The council shall adopt".
By striking the word "office" and inserting in lieu thereof the word"council" wherever it appears on lines 18, 22, 23, 26, and 29 of page 149 and lines 21, 26, 28, and 32 of page 150.
By striking lines 35 and 36 of page 149 and inserting in lieu thereof the following:
"(a) In consultation with the council, the state board shall adopt the".
By striking lines 1 and 2 of page 150 and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 10, 2000

653

"(b) The state board shall adopt performance measures and indicators". By striking lines 5 through 7 of page 150 and inserting in lieu thereof the following:
"(c) The state board shall identify, define, and develop such performance indicators and measures by December 1, 2001, and shall". By striking line 16 of page 150 and inserting in lieu thereof the following: "The council shall".

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

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

N Davis, T N 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 N Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner
Harbin N Harrell N Heard N Heckstall
Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin 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
Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N OTCeal N Orrock N Parham N Parrish N 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 Heed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

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

On the adoption of the amendment, the ayes were 58, nays 115. The amendment was lost.
Representative Stephens of the 150th 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:

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Representatives Ragas of the 64th, Brooks of the 54th, Roberts of the 162nd, Tillman of the 73rd and Pelote of the 149th move to amend the Committee substitute to HB 1187 by adding after the semicolon on line 43 of page 2 the following:
"to make provisions for contracts and nonrenewal of contracts of persons becoming teachers on or after a certain date and certain other teachers; to provide for procedures with respect to nonrenewal of contracts and review and appeals therefrom; to establish the Fair Dismissal Appeals Board and provide for its membership, operations, powers, and duties; to provide for judicial review;"
By adding between Sections 64 and 65 a new Section 64A to read as follows:
"SECTION 64A.
Said chapter is further amended by adding immediately after Code Section 20-2-942 a new Code Section 20-2-942.1 to read as follows:
'20-2-942.1.
(a) Applicability. A teacher who had acquired prior to July 1, 2000, and retains rights under Code Section 20-2-942, as provided in subsection (d) of said Code section, shall not be subject to this Code section. A person who first becomes a teacher on or after July 1, 2000, and a teacher who prior to July 1, 2000, had acquired rights under Code Section 20-2-942 but no longer retains rights under Code Section 20-2-942 shall be subject to this Code section.
(b) Definitions. As used in this Code section, the term:
(1) "Contract teacher" means a teacher subject to this Code section who has been regularly employed by a local school district for a probationary period of three successive school years and who has been retained for the next succeeding school year. The local board may enter into agreements that provide for a shorter probationary period of not less than one year for teachers who have satisfied the three-year probationary period in another Georgia local school district.
(2) "Local board" means the board of education of a local school district of this state.
(3) "Probationary teacher" means any teacher subject to this Code section who is employed by a local school district who is not a contract teacher.
(4) "School administrator" means any professional school employee certificated by the Professional Standards Commission who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Education, Department of Education, Professional Standards Commission, or requirements of local policy or job description.
(5) "Teacher" means a teacher who is subject to this Code section, as provided in subsection (a) of this Code section and does not include a school administrator.
(c) Probationary teachers.
(1) For any cause it may deem in good faith sufficient, a local board may refuse to renew the contract of any probationary teacher. However, the teacher shall be entitled to notice of the intended action by April 15 and, upon request, shall be provided

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a hearing before the local board. Upon request of the probationary teacher, the local board shall provide the probationary teacher a written copy of the reasons for the nonrenewal, which shall provide the basis for the hearing.
(2) If an appeal is taken from any hearing, the appeal shall be to the superior court for the county in which the local school district is located and shall be limited to the following:
(A) The procedures at the hearing;
(B) Whether the written copy of reasons for dismissal required by this subsection was supplied; and
(C) In the case of nonrenewal, whether notice of nonrenewal was timely given.
(d) Determination of length of service for probationary teacher. For purposes of determining length of service for a probationary teacher, a teacher employed for 135 consecutive days in any school year shall receive credit for a full year of employment. At least 30 consecutive days of employment in the same local school district in a successive year shall be sufficient to keep the service intact, and the teacher shall not lose credit for previous probationary years served.
(e) Grounds for nonrenewal of contract teacher.
(1) No contract teacher shall be dismissed or the teacher's contract nonextended except for:
(A) Inefficiency;
(B) Immorality;
(C) Insubordination;
(D) Neglect of duty, including duties specified by written rule;
(E) Physical or mental incapacity;
(F) Conviction of a felony or of a crime involving moral turpitude;
(G) Inadequate performance;
(H) Failure to comply with such reasonable requirements as the local board may prescribe to show normal improvement and evidence of professional training and growth; or
(I) Any cause which constitutes grounds for the revocation of such contract teacher's teaching license.
(2) In determining whether the professional performance of a contract teacher is adequate, consideration shall be given to regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which shall have been adopted by the local board.
(f) Contract teachers; procedure for nonrenewal of contract; appeal.
(1) Contract teachers shall be employed by a school district pursuant to two-year employment contracts.

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(2) Authority to not renew the contract of a contract teacher is vested in the local board subject to the provisions of this Code section and only after recommendation of the dismissal or nonextension of contract is given to the local board by the superintendent.
(3)(A) Upon recommendation of the local superintendent, the local board may extend a contract teacher's employment for a new two-year term by providing written notice to the teacher no later than March 15 of the first year of the contract. Any new contract that extends the teacher's employment for a new term shall replace any prior contracts.
(B) If a local board does not extend a contract teacher's contract by March 15 of the first year of the contract, the local superintendent, or the superintendent's designee, shall place the teacher on a program of assistance for improvement. The local superintendent or the superintendent's designee may, in addition, place any other teacher on a program of assistance for improvement if in the judgment of the local superintendent or designee a program of assistance for improvement is needed.
(C) Provided that the local board has not extended the teacher's contract for a new two-year term, the local board, upon recommendation of the superintendent, may elect by written notice to the teacher no later than March 15 of the second year of the teacher's contract not to renew the teacher's contract based on any ground specified in subsection (e) of this Code section. A contract teacher whose contract is not renewed may appeal the nonrenewal to the Fair Dismissal Appeals Board.
(g) Fair Dismissal Appeals Board.
(1) A Fair Dismissal Appeals Board is created, consisting of 20 members appointed by the Governor, subject to confirmation by the Senate. Five members shall be administrators in local school districts, five members shall be contract teachers, five members shall be members of local school district boards at the time of their appointment, and five members shall not be affiliated with any local school district. At least one member from each category shall be a resident of a school district with an average daily attendance of less than 1,500 students; at least one from each category shall be a resident of a local school district with an average daily attendance from 1,500 to 4,500 students; and at least one from each category shall be a resident of a local school district with an average daily attendance of over 4,500 students.
(2) Except as provided in paragraph (3) of this subsection, the term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(3) A member whose term has expired may continue to serve for the following limited purposes:
(A) To conduct a review and prepare a report if the member was appointed to a panel to review a nonrenewal before the expiration of the member's term; or
(B) To reconsider a decision if the member served on the panel originally hearing an appeal and a motion for reconsideration is filed prior to an appeal to the Court of Appeals.

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657

(4) The continued service of a member as provided in paragraph (3) of this subsection shall not prevent a successor from taking office at the time prescribed in paragraph (2) of this subsection.
(5) Members shall be entitled to a daily expense allowance as provided in subsection (b) of Code Section 45-7-21, payable from funds of the Department of Education.
(6) The board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.
(7) A majority of the members of the board constitutes a quorum for the transaction of business.
(8) The Attorney General shall provide legal counsel to the board.
(9) The board shall be assigned to the Department of Education for administrative purposes.
(h) Rules for appeals and arbitration and appeal as an alternative. The Fair Dismissal Appeals Board shall by rule establish procedures for appeals to the board and for a method of arbitration and appeal as an alternative. The procedures so established shall be substantially equivalent to those established in the State of Oregon under Section 342.905 of the 1997 Oregon Revised Statutes, as the same existed on January 1, 2000.
(i) Appeal to the Court of Appeals.
(1) Jurisdiction for judicial review of decisions of the Fair Dismissal Appeals Board is conferred upon the Court of Appeals. Proceedings for review shall be instituted by filing a petition in the Court of Appeals. The petition shall be filed within 60 days following the date the order upon which the petition is based is served unless otherwise provided by statute. If a petition for rehearing has been filed, then the petition for review shall be filed within 60 days following the date the order denying the petition for rehearing is served. If the Fair Dismissal Appeals Board does not otherwise act, a petition for rehearing or reconsideration shall be deemed denied the sixtieth day following the date the petition was filed, and in such cases, petition for judicial review shall be filed within 60 days following such date. Date of service shall be the date on which the Fair Dismissal Appeals Board delivered or mailed its order.
(2) The petition shall state the nature of the order the petitioner desires reviewed. Copies of the petition shall be served by registered or certified mail upon the Fair Dismissal Appeals Board and all other parties of record in the proceeding.
(3)(A) The filing of the petition shall not stay enforcement of the order of the Fair Dismissal Appeals Board, but the Fair Dismissal Appeals Board may do so upon a showing of:
(i) Irreparable injury to the petitioner; and
(ii) A colorable claim of error in the order.
(B) When a petitioner makes the showing required by subparagraph (A) of this paragraph, the Fair Dismissal Appeals Board shall grant the stay unless the Fair Dismissal Appeals Board determines that substantial public harm will result if

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the order is stayed. If the Fair Dismissal Appeals Board denies the stay, the denial shall be in writing and shall specifically state the substantial public harm that would result from the granting of the stay.
(C) When the Fair Dismissal Appeals Board grants a stay it may impose such reasonable conditions as the giving of a bond, irrevocable letter of credit, or other undertaking and that the petitioner file all documents necessary to bring the matter to issue before the Court of Appeals within specified reasonable periods of time.
(D) Denial of a motion for stay by the Fair Dismissal Appeals Board is subject to review by the Court of Appeals under such rules as the court may establish.
(4) Within 30 days after service of the petition, or within such further time as the court may allow, the Fair Dismissal Appeals Board shall transmit to the Court of Appeals the original or a certified copy of the entire record of the proceeding under review, but, by stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record when deemed desirable. Except as specifically provided in this paragraph, the cost of the record shall not be taxed to the petitioner or any intervening party. However, the court may tax such costs and the cost of transcription of record to a party filing a frivolous petition for review.

(5) If, on review of a contested case, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and that there were good and substantial reasons for failure to present it in the proceeding before the Fair Dismissal Appeals Board, the court may order that the additional evidence be taken before the Fair Dismissal Appeals Board upon such conditions as the court deems proper. The Fair Dismissal Appeals Board may modify its findings and order by reason of the additional evidence and shall, within a time to be fixed by the court, file with the court, to become a part of the record, the additional evidence, together with any modifications or new findings or orders, or its certificate that it elects to stand on its original findings and order, as the case may be.
(6) At any time subsequent to the filing of the petition for review and prior to the date set for hearing the Fair Dismissal Appeals Board may withdraw its order for purposes of reconsideration. If the Fair Dismissal Appeals Board withdraws an order for purposes of reconsideration, it shall, within such time as the court may allow, affirm, modify, or reverse its order. If the petitioner is dissatisfied with the action of the Fair Dismissal Appeals Board after withdrawal for purposes of reconsideration, the petitioner may refile the petition for review and the review shall proceed upon the revised order. An amended petition for review shall not be required if the Fair Dismissal Appeals Board, on reconsideration, affirms the order or modifies the order with only minor changes.
(7) Review of the case shall be confined to the record, and the court shall not substitute its judgment for that of the Fair Dismissal Appeals Board as to any issue of fact or discretion. In the case of disputed allegations of irregularities in procedure before the Fair Dismissal Appeals Board not shown in the record which, if proved, would warrant reversal or remand, the court may refer the allegations to a master appointed by the court to take evidence and make findings of fact upon them. The court shall remand the order for further agency action if it finds that either the fairness of the proceedings or the correctness of the action may have been impaired by a material error in procedure or a failure to follow prescribed procedure.

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659

(8)(A) The court may affirm, reverse, or remand the order. If the court finds that the Fair Dismissal Appeals Board has erroneously interpreted a provision of law and that a correct interpretation compels a particular action, it shall:
(i) Set aside or modify the order; or
(ii) Remand the case to the Fair Dismissal Appeals Board for further action under a correct interpretation of the provision of law.
(B) The court shall remand the order to the Fair Dismissal Appeals Board if it finds the board's exercise of discretion to be:
(i) Outside the range of discretion delegated to the board by law; or
(ii) Otherwise in violation of a constitutional or statutory provision.
(C) The court shall set aside or remand the order if it finds that the order is not supported by substantial evidence in the record. Substantial evidence exists to support a finding of fact when the record, viewed as a whole, would permit a reasonable person to make that finding.'"

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

N Alien Y Anderson N Ashe N 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 N Buckner N Bulloch Y Bunn N Burkhalter N Byrd N Callaway E Campbell Y Cash N Channell N Guilders Y Clark N Coan N Coleman, B N Coleman, T N Connell N Cooper Y Cox N Crawford Y Cummings Y Davis, M

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

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

Y Pelote N Pinholster N Poag N Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves Y Reece N Reed N Heese N Reichert N Rice N Richardson Y Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C 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 N Stanley-Turner N Stephens N Stokes Y Stuckey N Taylor E Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L Y Watson N West N 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 29, nays 147.

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JOURNAL OF THE HOUSE

The amendment was lost.

The following amendment was read:
Representative Pelote of the 149th moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by adding at the end of line 39 of page 12 the following:
The State Board of Education shall provide grants to local school systems for such training, subject to appropriation by the General Assembly.".

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

N Alien Y Anderson
N Ashe N 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 N Buckner N Bulloch Y Bunn N Burkhalter N Byrd N Callaway E Campbell
Y Cash N Channell N Childers Y Clark N Coan N Coleman, B N Coleman, T N Connell N Cooper Y Cox N Crawford N Cummings N Davis, M

N Davis, T Y Day
Dean Y DeLoach, B N DeLoach, G N Dix Y Dixon N Dodson N Dukes N Ehrhart N Epps N Evans N Everett Y Felton N Floyd Y Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin N Harrell N Heard Y 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 N Jenkins N Jennings Y Jones Y Joyce N Kaye N Lane N Lewis
Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L N Massey N McBee Y McCall N McClinton N McKinney N Millar N Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Fairish N Parsons

Y Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves Y Reece N Reed N Reese N Reichert Y Rice Y Richardson Y Roberts N Rogers N Royal N Sanders N Sauder N Scarlett Y Scheid Y 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
Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Tfcylor E Teague N Teper N Tillman N Tolbert N Trense N Turnquest Y Twiggs N Unterman N Walker, L N Walker, R.L N Watson
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 35, nays 138. The amendment was lost.
The following amendment was read: Representative Cox of the 105th moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by adding following line 43 of page 92 the following:

THURSDAY, FEBRUARY 10, 2000

661

"(3) Local boards of education shall have the option of allowing scores on end-ofcourse assessments to be counted as part of a student's grade in the course.".

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon Y Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck Y Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway E Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox N Crawford N 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 Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golick N Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin Y 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 N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee Y McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N OTsIeal Y Orrock N Parham N Parrish N Parsons

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

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

On the adoption of the amendment, the ayes were 73, nays 104. The amendment was lost.

Representative Cox of the 105th moved that the House reconsider its action in failing to adopt the Cox amendment.

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

N Alien N Anderson N Ashe N Bailey Y Bannister Y Barnard 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 E Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T

N Connell Y Cooper Y Cox N Crawford Y Cummings Y Davis, M N Davis, T
Day Dean Y DeLoach, B

N DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett N Felton

662
N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Banner Y Harbin Y Harrell N Heard N Heckstall N Hegstrom Y Hembree Y Henson N Holland
Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B N Jackson, L

JOURNAL OF THE HOUSE

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

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

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw Y Shipp N Sholar Y Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L 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 Y Stephens Y Stokes Y Stuckey N Taylor E Teague N Teper N Tillman Y Tolbert N Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 77, nays 94. The motion was lost.
An amendment offered by Mills of the 21st was read and withdrawn.
The following amendment was read:
Representative Bohannon of the 139th moves to amend the Committee substitute to HB 1187 (LC 27 1120-ECS) by adding after the word and symbol "Education;" on line 32 of page 2 the following:
"to provide for state funding of basic first-aid training for classroom aides;". By striking lines 45 and 46 of page 4 and inserting in lieu thereof the following: "specific immunizations; to provide for certain restrictions on the use of state funds provided to local school systems for school nurses; to". By striking line 35 of page 21 and inserting in lieu thereof the following:
"other organizations providing instructional". By striking line 11 of page 57 and inserting in lieu thereof the following:
"are prescribed by the State Board of Education. (c) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay for basic first-aid training for classroom aides. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount of earnings, initial earnings, and midterm ad-

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justment, if any, for such first-aid training. Each local school system shall spend 100 percent of the funds earned for basic first-aid training for classroom aides for such training.'".
By striking lines 19 through 22 of page 124 and inserting in lieu thereof the following:
"(a) The board of education of each local school system receiving funds for school nurses pursuant to Code Section 20-2-186 shall comply with the following restrictions on the use of such funds:
(1) The services of school nurses shall be provided in compliance with the limitations set forth in Code Section 20-2-773;
(2) The only medical treatments or services that may be provided to a student with such funds are those treatments or services which have been authorized by a parent or guardian of the student, and each type of medical treatment or service that is not provided in response to a medical emergency must be separately authorized by the parent or guardian. Except for authorization to provide emergency medical treatment or services, a general authorization for medical treatment or services shall not be valid;
(3) A school nurse shall provide medical services only to students enrolled at an elementary or secondary school within the school setting; and
(4) Any health or medical issues relating to members of an elementary or secondary student's family or the environment of the student outside of the school setting shall be referred by the school nurse to the local board of health.
(b) Local boards of education shall provide by policy for other matters relating to the activities and duties of school nurses.'".

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

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

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

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

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

N Porter N Powell N Purcell N Ragas N Randall N Hay 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

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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

JOURNAL OF THE HOUSE

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 E 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 45, nays 131. The amendment was lost.

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 Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks N Brown Y Buck N Buckner Y Bulloch N Bunn Y Burkhalter YByrd N Callaway E Campbell N Cash Y Channell Y Childers N Clark N 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 N DeLoach, G N Dix
Dixon Y Dodson Y Dukes
Y Ehrhart
Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene N Grindley N Hammontree Y Banner Y Harbin
Y Harrell
Y Heard
Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

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

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell 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 Y Sanders Y Sauder Y Scarlett Y Scheid Y 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 N Smith, V
Y Smyre
N Snelling N Snow Y Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor B Teague Y Teper Y Tillman N Tolbert Y Trense Y Turnquest Y Twiggs N Unterman Y Walker, L N 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 adoption of the Committee substitute, the ayes were 130, nays 42. The Committee substitute was adopted.
Representative Bohnannon of the 139th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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665

Due to a mechanical malfunction, the vote of Representative Joyce of the 1st was not recorded on the preceding roll call. He wished to be recorded as voting "nay"
thereon.

Representative Millar of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 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 Y Burkhalter Y Byrd N Callaway E Campbell N Cash Y Channel! Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell N Cooper N Cox Y Crawford Y Cummings Y Davis, M

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

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

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

On the passage of the Bill, by substitute, the ayes were 136, nays 41.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 1187 was ordered immediately transmitted to the Senate.

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Snelling - 99th - FOR JOURNAL EXPLAINING MY VOTE ON HB 1187

I am for education reform. The Committee substitute was provided only a few short hours before voting on the floor. As of today, the funding ramification for Douglas County schools are unclear. Local administrators are convinced that Douglas County will lose state funding and be forced to raise the millage rate. House Bill 1187 does not go far enough. Expanded school choice, immediate intervention, and the elimination of paraprofessionals in the classroom are but a few issues in which the bill does not go far enough for meaningful change.
/s/ Bob Snelling 99th District

I oppose HB 1187 in its current form.
Let me start by saying I agree with the Governor when he said the time is now for education reform.
But not at the expense of lack of input from our communities.
I have not had a chance to get feed back from my district on this bill.
In fact all the responses that I have received not only from teachers, but concerned parents as well, has been to vote "NO" on this bill in its current form.
Education reform should always be our top priority.
First for the office of accountability to be truly independent, the office should not be completely under the office of the Governor.
We as the General Assembly should create the office from input from both the Governor and the Department of Education.
Second the allowance for vouchers is good for the parents in the failing school systems. Competition will make local school systems better.
If we know there are 70,000 students at risk, we should take steps now to correct this.
Third I agree with accountability, especially when it comes to making sure teachers and other school workers receive all of the benefits they deserve.
But each school system is different and they all have different needs.
To tell a local school board how to spend all the money the way we tell them is not right.
/s/ Gene Callaway House District 81

Rule 137 Explanation of Vote HB 1187
I whole heartedly support school reform, but cannot in good conscience vote for HB 1187 in its present form. While the bill contains many good provisions such as funding for school nurses and lower teacher-student ratios in K-3 grade, there are other provisions

THURSDAY, FEBRUARY 10, 2000

667

that raise serious concerns. If anything, the bill does not go far enough in order to bring about true reform (dramatic increases in student performance and graduation rates). I hope the Senate, with the Governor's approval, will add the following requirements to HB 1187:
#1 Immediate intervention for the 70,000 students trapped in failing schools
#2 True school choice, both private and public, for students in failing schools
#3 A specific date when all social promotions will end in Georgia.
#4 The creation of a truly independent office of accountability. One that does not just add another level of bureaucracy.
#5 A 5 year guaranteed phase-in of funding changes for large school systems such as Cobb. Since we are a fast growing county, our tax base should grow enough in that time period to cover any increased cost due to the implementation of HB 1187, thus averting a tax increase to our citizens.
lal Sharon Cooper House District 31

Rule 137 Explanation of vote on HB 1187
While I unconditionally support education reform, for many reasons I have voted no to HB 1187. I supported the proposed floor substitute but did not get the opportunity to vote on that proposal. I supported many of the amendments to the bill, most of which were defeated. While the bill has many good points, it has many shortcomings. These include:
1) Creation of two new state agencies to oversee existing agencies-more big government; 2) Significant funding questions for increased number of teachers including questions of funding new classrooms. In Paulding County, the bill will require 90 new teachers this calendar year. Where will we put them?; 3) Elimination of the high school graduation test and end of course exams. Exams will only be given to evaluate teacher performance; 4) The provisions relating to new state agencies conflict with the State Constitution; 5) The bill is not "bold enough" to help students in failing schools because it really will not take effect until the year 2003. Let's fix the problem for failing schools by implementing vouchers now. We cannot let these children down for three more years.
lal Glen Richardson Representative District 26

House of Representatives Legislative Office Building, Room 501
Atlanta, Georgia 30334
Clerk of the House:
Pursuant to rule 137, I wish to record the following explanation for my vote against HB 1187, the A+ Education Reform Act, in the journals of the House. I am in favor of educational reform and I served on the education Committee and the study committee, which has been working on this legislation for the last three weeks. There exist

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significant discrepancies in the funding information concerning this legislation with most school systems losing millions of dollars. These unfunded mandates will create substantial pressure on local systems to raise millage rates (i.e. taxes) on their citizens to pay form programs dictated by the state bureaucracy. In addition, there is a shift in funding from proven instructional programs to two new levels of bureaucracy at the state level. The Governor already appoints the State Board of Education to oversee operations in the Department of Education, why should I be more confident in his new appointees than he is of his current appointees. Finally, this legislation will have little to no effect on academic performance and accountability is non-existent until 2005. For these reasons and many others, I believe that this legislation can be substantially improved and many unanswered questions can be settled during the forthcoming debates.
Sincerely, Isl Jeff Williams
Rep. 83rd District

House of Representatives Legislative Office Building, Room 404
Atlanta, Georgia 30334
With reluctance I voted No on H.B. 1187. My main reasoi for the No vote was the discrepancies in the figures given concerning the cost to the Savannah/Chatham School System. I am also concerned that several amendments, which I believe would enhance education in Georgia, were voted down.
I will request another meeting with the budget office and the financial officer of my school system. My final vote will probably be in favor of H.B. 1187
Isl Anne Mueller

House of Representatives Legislative Office Building, Room 411
Atlanta, Georgia 30334
Honorable Robert Rivers Clerk Georgia House of Representatives 307 CAP Atlanta, GA 30334
Dear Mr. Rivers:
Under House Rule 137, please enter in the House Journal today a statement explaining my no vote on HB-1187, as follows:

Contrary to Governor Barnes' statement a no vote is not a vote against education improvement - I continue to be very much for improvement of education.
While there are several good things in HB-1187; they are far outweighed by the bad.
(1) several portions are unconstitutional; (2) the Governor's people have the bill on an unreasonable fast track. I did not get a copy of the bill, which had grown from 125 pages to 152 pages, until yesterday. It is

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unreasonable to expect a legislator to vote on such a far reaching proposal, under these conditions.
During floor debate today, the Democrats' leadership, tried to limit debate, however, we prevailed by a vote of 73-74 to not allow restrictions on debate. Also they would not accept several worthwhile Republican amendments - in other words ignoring all opinions other than their own.
The costs will increase local taxes - a state mandate, without funds.
The bill mandates the hiring of hundreds of teachers and nurses, professions already in short supply.
The Office of Accountability will report to the Governor. It should report to the Superintendent of Schools and/or School Boards.

JPYiajh

Respectfully submitted, /s/ John P. Yates
106th House District

February 10, 2000
Clerk of the House Chairman of the House Journals
Re: My Comments for the House Journal HB 1187
My "no" vote today on HB 1187 is in no way indicative of my position on reform of our educational system. I very much favor reform and HB 1187 covers many issues that tend to lead the reform efforts in the proper direction for this great state. The reason for my no vote is simply the fact that such short time was allowed for gathering information on the future impact of taxes (possibly forced increases) on the local systems. I chose to vote "no" until this and other issues of "mandates" in the bill is resolved and information is received from our local school board and or school superintendent's office.
Please enter my remarks in the house journals as per house rule 137.
/s/ Charles Charles E. Bannister State Representative District 77

House of Representatives Legislative Office Building, Room 501-LOB
Atlanta, Georgia 30334 February 10, 2000

To:

Robby Rivers, Clerk of the House

From: Representative Jeff Brown

Subject: Vote Explanation

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JOURNAL OF THE HOUSE

Per House rule 137 please spread upon the journal the following as to some of my reasons for voting against HB 1187.
1. It was not a bold enough bill to correct Georgia public education. 2. There is conflicting information between the Governor's office and the State
Superintendent of Schools' office regarding key components of the bill. Much of this can be corrected before we vote again on this bill. 3. I will have at least one more opportunity to vote on what I believe will be an improved bill coming back from the Senate.

/s/ Jeff Brown

House of Representatives Legislative Office Building, Room 412
Atlanta, Georgia 30334

COMMENTS FOR THE JOURNAL
I whole heartedly support educational reform even though I voted against HB 1187. There are several reasons why I voted against this bill.
#1 70,000 students have been identified by the Governor that are trapped in failing schools. This bill deals with them in several years. These children need to be dealt with now.
#2 Parents need to be given true school choice to remove their children from these failing schools, especially in counties that only have one public school in the system.
#3 To comply with the mandates of this legislation, property taxes will have to be raised. I oppose unfunded mandates.
#4 Social promotions are not eliminated in this bill.
#5 The Office of Education Accountability is not independent, but is placed under the Governor.
These are the primary reasons I voted against HB 1187. Hopefully these areas will be addressed in the Senate and I will be able to vote for the bill when it returns for final passage.
/s/ Ralph T. Hudgens

House of Representatives Legislative Office Building, Room 612
Atlanta, Georgia 30334
February 10, 2000
The Honorable Robert Rivers Clerk Georgia House of Representatives
Dear Mr. Rivers:

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671

Pursuant to Rule 137, I request that the attached statement regarding my vote on House Bill 1187 be printed and spread upon the journal this the 10th day of February, 2000.
Sincerely, 1st Warren Massey
WM/pmn
Strongly supporting education reform, I looked forward to supporting this bill. Granted, there were proposals in the bill which were good and provisions which were not. I must vote on the whole bill.
The bill allows seven years to identify failing schools. Another lost generation is not acceptable.
Section 20-2-766.1 gives judges the power to fine parents $500 for missing school conferences, without a jury trial.
Section 20-14-1 creates an Education Coordinating Council consisting of the Governor, State School Superintendent, and others with powers over the State's education policy.
Section 20-14-25 forms the Office of Education Accountability with one director appointed by, and accountable to, the Governor only, not the people.
Section 20-14-26, subsection F, paragraph 6 authorizes this governor's appointee to exercise powers of the Council set up in 20-14-1; thus usurping the authority of the elected school superintendent and vesting it with the Governor, violating Article VIII, Section III, of the Georgia Constitution.
I swore an oath before God to uphold the Georgia Constitution. This oath required me to vote NO!

House of Representatives Legislative Office Building, Room 612
Atlanta, Georgia 30334
February 10, 2000
The Honorable Robert Rivers Clerk Georgia House of Representatives
Dear Mr. Rivers:
Pursuant to Rule 137, I request that the attached statement regarding my vote on House Bill 1187 be printed and spread upon the journal this the 10th day of February, 2000.
Sincerely, Isl Tom Rice
TR/pmn

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I am in support of school reform in Georgia, but cannot in good conscience vote for House Bill 1187 in its present form. While the bill contains many good provisions such as funding for school nurses and lower teacher-student ratios in K-3, there are other provisions that need to be considered. The bill does not go far enough in order to bring about fast and true reform. I hope the Senate, with the Governor's approval, will add the following requirements to House Bill 1187:
1) immediate intervention for the 70,000 students trapped in failing schools,
2) true school choice, both private and public, for students in failing school,
3) a specific date when all social promotions will end in Georgia,
4) a five year guaranteed phase-in of equalization funding for large systems in the 75th - 90th percentiles.

2-10-00
To: Robby Rivers Re: Rule 137
My vote in opposition to HB 1187 was made due to a number of provisions that I believe do not reflect the wishes of my constituents in the 74th House District. While there are some very good provisions which I support and would vote for if presented in separate legislation, I cannot support this bill because of other, unacceptable provisions.
First among these provisions includes the inevitability of requiring local property owners to underwrite a tax increase. I believe that along with this costly mandate from state government, this bill will be in violation of the Georgia Constitution, which I have taken an oath to uphold. Our Constitution stipulates that elected local boards of education have the final authority in educational matters which relates to their school systems, further it specifies that this authority cannot be delegated. (Attorney General's opinion, 1994.)
I will continue to support education reform issues, however, we should have an opportunity to fully deliberate every provision and be provided with in depth funding information which has not occurred with this bill.
Submitted by: Is/ Barbara Bunn
Dist. 74

2/10/2000
HB 1187
I fully support "education reform". When I was sworn into office I took an oath to uphold the constitution and HB 1187 is clearly in violation of our constitution. Under our constitution the State School Superintendent is elected to lead the State's education system and HB 1187 sets up a counsel over and above the elected official. This is not in keeping with the constitution. This will transfer control over education from elected officials to appointees on both state and local levels. The Department of Education has estimated that under HB 1187 Hall County School System will loose over 14 million in funding and this would cause property taxes to be raised dramatically. The bill puts school nurses in schools who can perform full physicals without parental knowledge or

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consent. This violates parental rights. The constitution gives only elected local school boards the authority to manage and control schools. There are many more reasons to vote against this bill. I support the substitute bill offered by Rep. Jeff Williams and true education reform.
Respectfully, /s/ James Mills

Rep. Glint Smith District 19 HB 1187 - Final Passage
I support education reform but I has several concerns that led me to vote against the bill.
There are legitimate questions about the financial impact that local school systems will have to bear in their millage rates and subsequent property taxes. Additionally, I believe the state school superintendent should have the responsibility and oversight over accountability without creating a new agency.
There were several worthy amendments that were voted down. Hopefully, these items will be included in the senate version and the House will have an improved bill to consider.
/s/ Glint Smith

Mike Coan House Dist. 82
Dear Clerk,
I am for education reform. We do not make strides forward without making tough choices. However, after receiving the final version of HB 1187, I was appalled that we would only have 24 hours to read a 152 page bill that would have dramatic consequences on our children's future. In only 24 hours, I would be required to vote on this bill! I fail to see the rush!
I agree that education needs reform. However, I fail to see how centralizing power to the Governor's Office is going to make education better. I have always believed that our local leaders can solve our problems locally. The shift of power from the State School Superintendent to a board that makes the State School Superintendent the only board member who has a primary background of education makes NO sense. The bill, furthermore, is unconstitutional in this regard.
I will support amendments to make the Education Bill an "A+". If the amendments fail, I will be in a position to vote NO on HB 1187.
Respectfully submitted on Thur. 10 Feb. 2000,
/s/ Mike Coan

Rule 137 Explanation of Vote on HB 1187

2-10-2000

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JOURNAL OF THE HOUSE

My support of public education and improvement but I voted no to HB 1187 in its current form.
My concerns include:
1. Different levels of management for accountability are created but I see little help for classroom teachers in delivering instruction on a daily basis. Of particular concern is loss of aides in K-3.
2. No provisions are made to assist underperforming schools and students - now.
3. Appointed school councils will draw authority from elected schoolboards and have access to confidential records.
4. Tests should not be the only measurement of progress for students, teachers, or schools. I fear a condensed curriculum resulting from emphasis on testing.
5. Financial rewards may encourage the migration of teachers to prestige schools.
6. Unfunded mandates in this bill will result in burdening local taxpayers.
Today, I voted for several amendments to this bill, although they failed. I will continue to work for improvements in the bill so we can provide a framework to reach the educational goals we desire.
/s/ Barbara Massey Reece Serving Citizens of Chattooga, Floyd, Walker

Rule 137 - HB 1187

Chuck Scheid Dist 17

I am very much in favor of reforming education in Georgia. I am not interested in creating a new level of government, which HB 1187 does by creating an Education Oversight Committee.

I applaud the governor's bold effort with HB 1187. I know many professionals, republican and democrats alike have worked many months in creating a final version of HB 1187. There are several amendments which I approve of, which can make this bill even bolder. They are AM 27-0251, AM 27-0250, AM 27-0249, AM 27-0246, AM 27-0247. This however, can always be construed to be Monday morning quarter backing. I want to improve Georgia's education and especially help my districts education system. I vote for HB 1187 with these thoughts and hopes in mind. I vote to improve the future of Georgia by improving our current "status quo" education system and vote to move Georgia through the threshold of the 21st century. I shall continue to work to improve on this decision and not rest until Georgia ranks at the top in education. I believe HB 1187 is the right decision.

The following Resolutions of the House were read and adopted:
HR 1013. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A resolution recognizing and commending Miriam and Cecil Ethridge.

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HR 1014. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth:
A resolution recognizing and commending Mrs. Sarah Veil Hames Burkhalter.

HR 1018. By Representatives Hugley of the 133rd, Randall of the 127th, Taylor of the 134th, Smyre of the 136th, Buck of the 135th and others:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and President Norma Solomon White.

HR 1019. By Representative Pelote of the 149th: A resolution commending Dr. Frankie G. Ellis.

HR 1020. By Representative Twiggs of the 8th:
A resolution recognizing and commending the Police Department and Color Guard of the City of Clayton, Georgia.

HR 1021. By Representatives Sauder of the 29th, Cooper of the 31st, Wix of the 33rd, Franklin of the 39th, Ehrhart of the 36th and others:
A resolution congratulating Mandy Daniels, Miss Cobb County 2000.

HR 1022. By Representative Smith of the 91st: A resolution commending Caleb James Rundoroff.

HR 1023. By Representative Callaway of the 81st: A resolution commending Lt. Joseph B. Markham.

HR 1024. By Representatives Wiles of the 34th, Stallings of the 100th, Murphy of the 18th, Cox of the 105th, West of the 101st and others:
A resolution expressing regret at the passing of John Alien Beall,Jr.

HR 1025. By Representatives Byrd of the 170th, Reaves of the 178th, Connell of the 115th, McKinney of the 51st, Murphy of the 18th others:
A resolution recognizing Jewell W. Miles.

HR 1026. By Representatives Byrd of the 170th and Coleman of the 142nd: A resolution proclaiming December 22 as "Georgia-Great Britain Day".

HR 1027. By Representatives Day of the 153rd, Twiggs of the 8th, Jenkins of the 110th, Murphy of the 18th, Whitaker of the 7th and others:
A resolution commending the Tybee Island Police Department.

HR 1028. By Representatives Day of the 153rd, Murphy of the 18th, Jenkins of the 110th, Walker of the 141st, Coleman of the 142nd and others:
A resolution expressing regret at the passing of Lieutenant Clyde Wilson Alley, III.

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HR 1029. By Representatives Birdsong of the 123rd, Murphy of the 18th, Roberts of the 162nd, Buck of the 135th, Walker of the 141st and others:
A resolution commending all Vietnam Era/Vietnam Veterans and their families; to recognize May 5-7, 2000, as the 25th Observance of the ending of the Vietnam War.

HR 1030. By Representative Byrd of the 170th: A resolution recognizing and commending Peggy Miles.

The following Resolution of the Senate was read and adopted:
SR 537. By Senators Polak of the 42nd, Ladd of the 41st, Stokes of the 43rd and others: A resolution recognizing and commending Scoutmaster Josiah V. Senator.

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1308 Do Pass, by Substitute HB 1372 Do Pass
Respectfully submitted, lal Martin of the 47th
Chairman

Pursuant to HR 957, adopted by the House and Senate, the House adjourned until 10:00, o'clock, A.M., Monday, February 14, 2000.

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Representative Hall, Atlanta, Georgia Monday, February 14, 2000

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

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

Aahe
Bailey Bannister Barnes Benefield Birdsong Bohannon
Borders
Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Channell Childers Clark Coan Coleman, B Connell Cooper Crawford

Cummings Davis, M Davis, T Day DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart Evans Kverett Felton Floyd Franklin Greene Grindley Hammontree Harbin E Harrell Heard Hegstrom Hembree Henson Holland Howard Hudgens

Hudson, H Hugley Irvin Jackson, B Jackson, L James Jennings Joyce Kaye Lewis Lord Lucas Mann Manning Martin, J Martin, J.L Massey McBee McKinney Millar Mills Mobley Morris Mosley CXNeal Parrish Parsons

Pelote Pinholster E Ponder Powell Purcell Randall Ray Reece Reese Reichert Richardson E Royal Sanders Sauder Scheid Shanahan Shaw Sholar Sims Sinkfield Skipper Smith, B Smith, C Smith, C.W Smith, L Smith, L.R Smith, P

Smith, T Smith, V Snelling Snow Stallings Stancil Stanley, P Stanley-Turner Stephens Taylor E Teague Teper E Tillman Tolbert Trense Turnquest Twiggs Unterman 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 McCall of the 90th, Jenkins of the 110th, Maddox of the 72nd, Porter of the 143rd, Scott of the 165th, Golick of the 30th, Reed of the 52nd, McClinton of the 68th, Ragas of the 64th, Hanner of the 159th, Rogers of the 20th, Alien of the 117th, Walker of the 87th, Barnard of the 154th, Stokes of the 92nd, Cash of the 108th, Hudson of the 156th, Watson of the 70th, Scarlett of the 174th, Lane of the 146th, Smyre of the 136th, Roberts of the 162nd, Jones of the 71st, Orrock of the 56th, Rice of the 79th, Dix of the 76th, Cox of the 105th, Shipp of the 38th, Graves of the 125th, Squires of the 78th, Parham of the 122nd, Bordeaux of the 151st, Poag of the 6th, Jamieson of the 22nd, Anderson of the 116th, Heckstall of the 55th and Williams of the 83rd.
They wish to be recorded as present.
Prayer was offered by the Reverend Steve Taylor, Pastor, New Providence Baptist Church, Guyton, Georgia.

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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 1426. By Representatives Twiggs of the 8th, Murphy of the 18th, Walker of the 141st, Jenkins of the 110th, Parham of the 122nd and others: A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to change the requirement for protective natural buffers adjacent to state waters; to provide for a 50 foot buffer adjacent to or on land adjacent to trout streams and a 25 foot buffer adjacent to other state waters; to provide that the vegetation within such buffer may not be cut until land-disturbing activities have ceased.
Referred to the Committee on Natural Resources & Environment.
HB 1427. By Representatives Royal of the 164th, Walker of the 141st, Buck of the 135th, Skipper of the 137th, Hanner of the 159th and others: A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to revise and change provisions of the imposition, levy, collection, and expenditure of proceeds of the joint county and municipal sales and use tax under certain circumstances; to provide for definitions; to provide for a condition precedent to the authority to continue to levy such tax or reimpose such tax; to provide for procedures; to revise and change provisions of the special county 1 percent sales and use tax with respect to the imposition, levy, collection, and expenditure of proceeds of such tax under certain circumstances.

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Referred to the Committee on Ways & Means.

HB 1428. By Representatives Holland of the 157th, Walker of the 141st and Jenkins of the 110th:
A bill to amend Article 1 of Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to probate, so as to provide that the Supreme Court of Georgia shall be authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts.
Referred to the Committee on Judiciary.

HB 1429. By Representatives Sauder of the 29th, Manning of the 32nd, Grindley of the 35th, Golick of the 30th, Cooper of the 31st and others: A bill to create the Smyrna Revitalization Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1430. By Representatives Royal of the 164th, Walker of the 141st, Stancil of the 16th, Shanahan of the 10th, Greene of the 158th and others:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change certain provisions regarding approval of local government service delivery strategies; to provide for comprehensive procedures regarding mediation and dispute resolution regarding city and county service delivery strategies.
Referred to the Committee on State Planning & Community Affairs.

HB 1431. By Representatives Bunn of the 74th, Felton of the 43rd, Mobley of the 69th, Roberts of the 162nd, Richardson of the 26th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum in elementary and secondary education, so as to provide for legislative purpose; to provide that each local board of education may prescribe a course of study in family violence and child abuse prevention.
Referred to the Committee on Education.

HB 1432. By Representatives Bunn of the 74th, Brown of the 130th and Franklin of the 39th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to other unfair methods of competition and unfair and deceptive acts or practices in the business of insurance, so as to prohibit cancellation, modification, or nonrenewal of policies insuring residential real property due to certain loss experience.
Referred to the Committee on Insurance.

HB 1433. By Representatives Bunn of the 74th, Yates of the 106th, Harrell of the 62nd, Smith of the 102nd, Franklin of the 39th 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

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for exemptions with respect to the sale of certain children's clothing and certain infant care articles or items.
Referred to the Committee on Ways & Means.

HB 1434. By Representatives Bunn of the 74th, Roberts of the 162nd, Brown of the 130th, Franklin of the 39th and Hembree of the 98th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that all cigarettes and other tobacco products offered for sale in a commercial establishment shall be placed in a secure location under the direct supervision of the establishment's personnel.
Referred to the Committee on Industry.

HB 1435. By Representative Smith of the 91st: A bill to provide that the judge of the Probate Court of Oconee County shall no longer serve as chief magistrate of the Magistrate Court of Oconee County; to provide for the appointment of a new chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1436. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th, Brooks of the 54th, McKinney of the 51st and others:
A bill to provide to certain low-income senior citizens a homestead exemption from certain City of Atlanta and City of Atlanta School District ad valorem taxes for city and educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds a base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1437. By Representatives Jennings of the 63rd, Smith of the 12th, Buck of the 135th, Birdsong of the 123rd, Cummings of the 27th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the armed services of the United States stationed in a foreign country to a permanent change of station of six months or more as a result of military orders shall not be subject to state income tax.

February 10, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1437. This notice is made prior to or upon reading the bill the first time.

/s/ E. P. Jennings Representative 63rd District

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Referred to the Committee on Ways & Means.
HB 1438. By Representatives McKinney of the 51st, Brooks of the 54th, Stanley of the 50th, Stanley of the 49th and Dean of the 48th: A bill to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to change the compensation of the judges of said court.
Referred to the Committee on Judiciary.
HB 1439. By Representatives Royal of the 164th, Jamieson of the 22nd, Walker of the 141st, Shanahan of the 10th, Smith of the 12th and others: A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for comprehensive regulation of maps, surveys, and reports with respect to annexed areas; to provide for procedures; to change certain provisions regarding prohibitions with respect to the creation of unincorporated islands; to change certain provisions regarding notice of proposed annexations.
Referred to the Committee on State Planning & Community Affairs.
HB 1440. By Representatives Smith of the 109th and Crawford of the 129th: A bill to amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to interrogatories to judgment debtors in magistrate court, so as to provide for additional discovery remedies.
Referred to the Committee on Judiciary.
HB 1441. By Representative Murphy of the 18th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety.
Referred to the Committee on Motor Vehicles.
HB 1442. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A bill to amend an Act providing a new charter for the City of Stockbridge, so as to change the terms of office of the governing authority thereof.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1443. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A bill to amend an Act providing a new charter for the City of Locust Grove, so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that city.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 1444. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change the provisions relating to powers and duties of the mayor and compensation relating thereto; to change the provisions relating to a full-time administrator and city manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1445. By Representatives Smith of the 109th, 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 powers of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1446. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to amend an Act providing a new charter for the City of Hampton, so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1447. By Representatives Martin of the 145th, Jones of the 71st, Williams of the 114th, Parham of the 122nd and Graves of the 125th:
A bill to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists authorized to modify drug therapy; to provide for statutory construction; 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 definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions.
Referred to the Committee on Health & Ecology.

HB 1448. By Representatives Orrock of the 56th, Unterman of the 84th, Childers of the 13th, Jones of the 71st, Parrish of the 144th and others:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and preventable diseases, so as to provide for certain pathogen standards; to limit exposures of public employees to such pathogens when carried by needles and similar devices.
Referred to the Committee on Health & Ecology.

HB 1449. By Representatives Jackson of the 148th, Pelote of the 149th, Brooks of the 54th, Bordeaux of the 151st, Randall of the 127th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Ralph Mark Gilbert Civil Rights Museum as the official Georgia state civil rights museum.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 14, 2000

683

HR 1010. By Representatives Everett of the 163rd, Royal of the 164th, Rice of the 79th, Williams of the 83rd, Smith of the 12th and others: A resolution proposing an amendment to the Constitution so as to provide that no person who is a defaulter for federal, state, or local taxes shall be eligible to hold any public office in this state.
Referred to the Committee on Ways & Means.
HR 1011. By Representative Parham of the 122nd: A resolution creating the Joint Study Committee on Historic Local Government Records.
Referred to the Committee on Rules.
HR 1012. By Representatives Powell of the 23rd, Hudson of the 156th, McCall of the 90th and Williams of the 83rd: A resolution urging Congressional support of the proposed "State and Local Government Economic Empowerment Act".
Referred to the Committee on Appropriations.
HR 1015. By Representatives Graves of the 125th, Bordeaux of the 151st, Martin of the 145th, Davis of the 132nd and Burkhalter of the 41st: A resolution proposing an amendment to the Constitution so as to create the Tobacco Industry Payments Trust Fund to receive certain payments from the tobacco industry and provide for appropriations therefrom for health purposes.
Referred to the Committee on Appropriations.
HR 1016. By Representatives Coleman of the 142nd and Parrish of the 144th: A resolution designating the Claude Roscoe Nash Memorial Bridge.
Referred to the Committee on Transportation.

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

HB 1406 HB 1407 HB 1408 HB 1409 HB 1410 HB 1411 HB 1412 HB 1413 HB 1414 HB 1415 HB 1416 HB 1417 HB 1418

HB 1419 HB 1420 HB 1421 HB 1422 HB 1423 HB 1424 HB 1425 HR 1008 HR 1009 SB 295 SB 330 SB 390

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Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:
HB 1408. By Representatives Buck of the 135th, Sims of the 167th, Heard of the 89th, Channell of the lllth, Smyre of the 136th and others: A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to allocation and apportionment of income with respect to income taxation regarding corporations, so as to provide for the comprehensive revision of the allocation and apportionment formulas applicable where net business income is derived principally from the manufacture, production, or sale of tangible personal property.
The motion prevailed.
Pursuant to Rule 52, Representative West of the 101st moved that the following Bill of the House be engrossed:
HB 1416. By Representatives West of the 101st, Stallings of the 100th, Royal of the 164th, Walker of the 141st, Reece of the llth and others: A bill to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, so as to provide an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers.
The motion prevailed.
Pursuant to Rule 52, Representative Shanahan of the 10th moved that the following Bill of the House be engrossed:
HB 1417. By Representatives Shanahan of the 10th, Murphy of the 18th, Royal of the 164th, Walker of the 141st, Birdsong of the 123rd 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 provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans of the armed forces of the United States who have been awarded the Purple Heart citation.
The motion prevailed.
Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:
HB 1418. By Representatives Buck of the 135th, Sims of the 167th and Heard of the 89th: A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxes, so as to change certain provisions with respect to the definition of sales price.

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685

The motion prevailed.

Pursuant to Rule 52, Representative Smyre of the 136th moved that the following Bill of the Senate be engrossed:
SB 390. By Senators Fort of the 39th, Kemp of the 3rd, Smith of the 25th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought.

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

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

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

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

Y Pelote N Pinholster Y Poag E Ponder Y Porter Y Powell
Purcell Y Ragas Y Randall
Ray Y Reaves N Reece Y Reed N Reese Y Reichert N Rice N Richardson Y Roberts Y Rogers E 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
Smith, L

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

On the motion, the ayes were 83, nays 78. The motion was lost.

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Representative McKinney of the 51st moved that the House reconsider its action in failing to engross SB 390.

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

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

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

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

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

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

On the motion, the ayes were 84, nays 79. The motion prevailed.

On the motion to engross SB 390, the roll call was ordered and the vote was as follows:

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

N Brown
Y Buck Y Buckner
N Bulloch
N Bunn N Burkhalter N Byrd N Callaway
N Campbell N Cash Y Channell Y Childers N Clark
N Coan

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

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

N Hammontref
Y Hanner
N Harbin E Harrell Y Heard
Heckstall
Y Hegstrom N Hembree Y Henson Y Holland
Y Holmes
Y Houston Y Howard N Hudgens

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

MONDAY, FEBRUARY 14, 2000

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

Y Purcell Y Ragas Y Randall
Ray Y Reaves N Reece Y Reed N Reese Y Reichert N Rice N Richardson Y Roberts Y Rogers E 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
Smith, L Smith, L.R Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens Y Stokes

687
Y Stuckey Y Taylor E Teague Y Teper E Tillman N Tolbert N Trense Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Whitaker N Wiles N Williams, J
Williams, H Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 85, nays 80. The motion was lost.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1162 Do Pass, by Substitute HB 1214 Do Pass HB 1230 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
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 778 Do Pass HR 779 Do Pass

HR 780 Do Pass HR 781 Do Pass

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

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1399 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 14, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 18th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 13 Georgia DUI Study Commission; create HR 32 House Study Committee on Certified Professional Midwifery; create

DEBATE CALENDAR

HB 613 HB 865 HB 935 HB 1133 HB 1151 HB 1162 HB 1217 HB 1229

GCIC; certain criminal records; electronic dissemination Speed detection devices; radar; use in historic districts Dangerous dogs; owners' liability insurance; amount Child custody; age eleven or over; consider wishes of child Real estate appraisers, brokers, and salespersons; amend Supplemental appropriations; FY 1999-2000 Bona fide conservation use prop; qualified owners; family farms Cigarettes, etc.; sales to minors; special agents

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

MONDAY, FEBRUARY 14, 2000

689

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 1399. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th, Wix of the 33rd, Grindley of the 35th and others: A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 142, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 428. By Senator Lee of the 29th: A bill to repeal in its entirety an Act providing for the charter of the City of Corinth, as amended; to thereby abolish the existence of the City of Corinth as a municipal corporation; to provide for devolution of the assets and debts and rights and obligations to Heard County; to provide for related matters; to provide that fees, taxes, and assessments may be levied in a special district coterminous with the former City of Corinth for the purpose of retiring debts and obligations of the former city; to provide for related matters; to provide an effective date.
SB 297. By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals.
SB 331. By Senators Ragan of the llth, Meyer von Bremen of 12th, Blitch of the 7th and Jackson of the 50th: A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agri-

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JOURNAL OF THE HOUSE

cultural products, so as to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article.

SB 346. By Senators Lee of the 29th and Hecht of the 34th:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel employed in district attorneys' offices shall serve at the pleasure of the district attorney; to provide for related matters.

SB 405. By Senators Butler of the 55th, Thomas of the 10th, Walker of the 22nd and others:
A bill to amend Code Section 40-11-3 of the Official Code of Georgia Annotated, relating to when peace officers may remove vehicles from public property and notification requirements, so as to change the time at which an officer may cause an unattended motor vehicle to be removed.

HB 1260. By Representatives Martin of the 47th and Alien of the 117th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 1124. By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and DeLoach of the 172nd:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net.

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 172. By Senator Polak of the 42nd:
A resolution declaring March 2, 1999, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater com-

MONDAY, FEBRUARY 14, 2000

691

munity at large, to enhance the quality of life for people with developmental disabilities.

SR 478. By Senators Ragan of the llth, Meyer von Bremen of 12th, Blitch of the 7th and Jackson of the 50th:
A resolution urging the Congress of the United States to address potential federal monetary assessments that could be placed on southeastern peanut growers, including Georgia peanut growers, when the 2000 peanut crop is harvested.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 297. By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal righting; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 331. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and others:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 346. By Senators Lee of the 29th and Hecht of the 34th:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel employed in district attorneys' offices shall serve at the pleasure of the district attorney; to provide for related matters.
Referred to the Committee on Judiciary.
SB 405. By Senators Butler of the 55th, Thomas of the 10th, Walker of the 22nd and others:
A bill to amend Code Section 40-11-3 of the Official Code of Georgia Annotated, relating to when peace officers may remove vehicles from public prop-

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JOURNAL OF THE HOUSE

erty and notification requirements, so as to change the time at which an officer may cause an unattended motor vehicle to be removed.
Referred to the Committee on Motor Vehicles.

SB 428. By Senator Lee of the 29th:
A bill to repeal in its entirety an Act providing for the charter of the City of Corinth, as amended; to thereby abolish the existence of the City of Corinth as a municipal corporation; to provide for devolution of the assets and debts and rights and obligations to Heard County; to provide for related matters; to provide that fees, taxes, and assessments may be levied in a special district coterminous with the former City of Corinth for the purpose of retiring debts and obligations of the former city; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 172. By Senator Polak of the 42nd:
A resolution declaring March 2, 1999, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding efforts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.
Referred to the Committee on Rules.

SR 478. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and others:
A resolution urging the Congress of the United States to address potential federal monetary assessments that could be placed on southeastern peanut growers, including Georgia peanut growers, when the 2000 peanut crop is harvested.
Referred to the Committee on Agriculture & Consumer Affairs.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 778. By Representatives Mosley of the 171st, Murphy of the 18th, Byrd of the 170th and Smith of the 169th: A resolution commending and congratulating Amy Denty, and inviting her to appear before the Georgia House of Representatives.
HR 779. By Representatives Mosley of the 171st, Murphy of the 18th, Byrd of the 170th and Smith of the 169th: A resolution commending and congratulating Dr. Claire Hicks and inviting her to appear before the House of Representatives.

MONDAY, FEBRUARY 14, 2000

693

HR 780. By Representatives Mosley of the 171st, Murphy of the 18th, Byrd of the 170th and Smith of the 169th:
A resolution commending and congratulating Barbara Struckhoff and inviting her to appear before the Georgia House of Representatives.

HR 781. By Representatives Mosley of the 171st, Murphy of the 18th, Byrd of the 170th and Smith of the 169th:
A resolution commending and congratulating Lois Thornton of Jesup, Georgia, and inviting her to appear before the Georgia House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bill and Resolutions of the House were taken up for consideration and read the third time:
HR 13. By Representatives Pinholster of the 15th, Stancil of the 16th and Powell of the 23rd: A resolution creating the Georgia DUI Study Commission.

The following amendment was read and adopted:

Representative Pinholster of the 15th moves to amend HR 13 as follows: Lines 13, pg 2 change December 15, 1999 to December 15, 2000 Line 14 and 15 pg 2 change December 15, 1999 to December 15, 2000.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
HR 32. By Representatives Mobley of the 69th, Hegstrom of the 66th, Pelote of the 149th, Bunn of the 74th, Ragas of the 64th and others: A resolution creating the House Study Committee on Certified Professional Midwifery.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.

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

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 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

694
Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukea Y Ehrhart Y Epps Y Evana 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
Hembree

JOURNAL OF THE HOUSE

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 Y Jones Y Joyce Kaye Y Lane Y Lewis Y Lord Y Lucas E Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey

Y McBee 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 E Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Ray Y Reaves Y Reece Y Reed Y Reese

Y Reichert Y Rice
Richardson Roberts Y Rogers E 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 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 E 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 Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolutions, the ayes were 153, nays 0.
The Resolutions, having received the requisite constitutional majority, were adopted.
HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", approved May 3, 1999 (Ga. L. 1999, p. 1071), so as to change certain appropriations for the State Fiscal Year 1999-2000; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
An Act providing appropriations for the State Fiscal Year 1999-2000, as amended, known as the "General Appropriations Act" approved May 3, 1999 (Ga. L. 1999, p. 1071), is further amended by striking everything following the enacting clause through Section 62, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $13,291,103,880 (excluding the Indigent Trust Fund and Lottery Receipts) for State Fiscal Year 2000.

MONDAY, FEBRUARY 14, 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........................................................... Equipment.................................................................. Computer Charges..................................................... Real Estate Rentals .................................................. Telecommunications .................................................. Per Diem, Fees and Contracts - Staff..................... Per Diem, Fees and Contracts - Elected Officials . Per Diem Differential................................................ Photography............................................................... Expense Reimbursement Account............................ Total Funds Budgeted............................................... State Funds Budgeted..............................................

Senate Functional Budgets

Total Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

$

5,275,860

$

962,415

$

1,301,417

$

7,539,692

House Functional Budgets

Total Funds

House of Representatives and Research Office
Speaker of the House's Office Clerk of the House's
Office Total

$

11,521,681

$

470,447

$

1,596,283

$

13,588,411

Joint Functional Budgets

Total Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budget Responsibility Oversight
Committee Total

3,214,038 2,328,999 1,158,951 3,736,464
434,074 10,872,526

695
32,000,629 16,632,458 4,054,123 2,581,216
109,500 7,000 0
1,155,000 980,000 5,000 665,000 360,036
3,676,356 0
100,000 1,674,940 32,000,629 32,000,629
State Funds
5,275,860 962,415
1,301,417 7,539,692
State Funds
11,521,681 470,447
1,596,283 13,588,411
State Funds
3,214,038 2,328,999 1,158,951 3,736,464
434,074 10,872,526

696

JOURNAL OF THE HOUSE

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 and Accounts. Budget Unit: Department of Audits............................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

26,479,279 22,574,546
764,940 616,000 389,624 188,000 1,051,359 587,000 1,554,910 321,000 28,047,379 26,479,279

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch ......................................................$ Personal Services........................................................................$ Other Operating .........................................................................$ Prosecuting Attorney's Council .................................................$

116,800,982 15,613,442 97,811,836 3,042,892

MONDAY, FEBRUARY 14, 2000

Judicial Administrative Districts....... Payment to 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 Courts - Judges

$

Superior Courts - District Attorneys

$

Juvenile Court

$

Institute of Continuing Judicial

Education

$

Judicial Council

$

Judicial Qualifications Commission

$

Indigent Defense Council

$

Georgia Courts Automation Commission $

Georgia Office of Dispute

Resolution

$

Total

$

7,853,991 10,611,441 44,950,183 36,703,314
1,374,764
1,065,324 5,891,555
206,755 7,500,000 3,030,749
300,510 119,488,586

PART III. EXECUTIVE BRANCH

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ...............................................................! Personal Services........................................................................! Regular Operating Expenses.....................................................! Travel...........................................................................................: Motor Vehicle Purchases............................................................: Equipment...................................................................................: Real Estate Rentals...................................................................: Per Diem, Fees and Contracts..................................................: Computer Charges......................................................................: Telecommunications ...................................................................: Rents and Maintenance Expense .............................................: Utilities........................................................................................: Payments to DOAS Fiscal Administration..............................: Direct Payments to Georgia Building Authority for Operations........................................................: Telephone Billings......................................................................: Radio Billings .............................................................................! Materials for Resale...................................................................: Public Safety Officers Indemnity Fund...................................! State Liability Self Insurance 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...............................................................:

697
1,733,421 41,000 500,000 745,995
119,488,586 116,800,982
State Funds
7,135,803 10,561,441 44,950,183 35,162,701
1,323,064
1,065,324 5,788,285
206,755 7,500,000 2,806,916
300,510 116,800,982
117,665,967 62,574,333 13,051,749
504,767 819,086 2,299,168 4,230,693 2,654,760 1,149,187 378,031 11,207,112
0 0
1,292,419 58,080,300
433,484 17,939,840
522,500 75,034,595
44,900 48,500 75,000 382,900 252,723,324 117,665,967

698

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

Administration Support Services Materials Management Information Technology Risk Management State Properties Commission Office of the Treasury and Fiscal
Services Office of State Administrative
Hearings Total

$

15,418,012

$

12,845,458

$

22,166,416

$ 117,210,089

$

78,459,037

$

646,329

$

1,638,409

$

4,339,574

$ 252,723,324

B. Budget Unit: Georgia Building Authority............................... Personal Services........................................................................ Regular Operating Expenses..................................................... Travel........................................................................................... Motor Vehicle Purchases............................................................ Equipment................................................................................... Real Estate Rentals ................................................................... Per Diem, Fees and Contracts .................................................. Computer Charges...................................................................... Telecommunications ................................................................... Utilities........................................................................................ Capital Outlay............................................................................ Contractual Expense.................................................................. Facilities Renovations and Repairs.......................................... Total Funds Budgeted................................................................ State Funds Budgeted...............................................................

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....................... Travel............................................................. Motor Vehicle Purchases.............................. Equipment..................................................... Real Estate Rentals ..................................... Per Diem, Fees and Contracts.................... Computer Charges........................................ Telecommunications .....................................

State Funds
3,857,922 4,106,583
0 29,167,621 75,557,095
646,329
262,271
4,068,146 117,665,967
0 20,803,654 14,498,193
42,000 200,000 118,000
15,071 480,000 325,000 269,416
0 0 0 0 36,751,334 0
State Funds
39,772,405 33,475,781
4,520,108 1,060,000
352,000 430,673 814,475 1,109,741 667,341 412,585

MONDAY, FEBRUARY 14, 2000

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............................................... Renovation, Construction, Repairs and Maintenance
Projects at Major and Minor Markets......................... Capital Outlay................................................................... Contract - Federation of Southern Cooperatives ........... Total Funds Budgeted....................................................... State Funds Budgeted......................................................

Departmental Functional Budgets

Total Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

9,076,270 16,370,176 6,026,728
7,493,581 3,725,614 8,229,091
696,171 51,617,631

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................................................................. Real Estate Rentals................................................. Per Diem, Fees and Contracts................................

699
983,240
3,127,000
3,186,397 275,000 35,000 175,000
803,290
150,000 0
40,000 51,617,631 39,772,405
State Funds
8,295,270 13,238,041 2,351,728 7,306,581 3,595,914 4,984,871
0 39,772,405
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
0
10,216,029 8,411,598
476,873 403,199 112,380
21,022 422,730
13,435

700

JOURNAL OF THE HOUSE

Computer Charges..................................................................... Telecommunications .................................................................. Total Funds Budgeted............................................................... State Funds Budgeted..............................................................

Section 7. Department of Community Affairs. Budget Unit: Department of Community Affairs....................... Personal Services....................................................................... Regular Operating Expenses.................................................... Travel.......................................................................................... Motor Vehicle Purchases........................................................... Equipment.................................................................................. Real Estate Rentals .................................................................. Per Diem, Fees and Contracts................................................. Computer Charges..................................................................... Telecommunications .................................................................. Contracts for Regional Planning and Development.............. Local Assistance Grants........................................................... Appalachian Regional Commission Assessment..................... Community Development Block Grants (Federal)................. Payments to Georgia Regional Transportation Authority................................................................................. Payments to Sports Hall of Fame ........................................... Local Development Fund.......................................................... Payment to State Housing Trust Fund .................................. Community Service Grants ...................................................... HOME Program......................................................................... Payment to Georgia Environmental Facilities Authority................................................................................. Regional Economic Business Assistance Grants.................... Regional Assistance Program................................................... State Commission on National and Community Service...... EZ/EC Administration .............................................................. Contracts for Homeless Assistance.......................................... HUD - Section 8........................................................................ Total Funds Budgeted............................................................... State Funds Budgeted..............................................................

Departmental Functional Budgets

Total Funds

Executive

$

Planning and Environmental

Management

$

Business and Financial Assistance

$

Housing and Finance

$

Accounting, Budgeting and Personnel $

Rental Assistance

$

Administration and Computer Support $

Music Hall of Fame

$

Community Service

$

External Affairs

$

Total

$

28,693,200
3,755,972 40,645,047
8,053,176 3,830,220 55,269,254 30,544,767 1,870,663 10,648,288 3,943,925 187,254,512

Section 8. Department of Community Health. A. Budget Unit: Health Services.................................................

276,896 77,896
10,216,029 10,216,029
84,293,100 19,758,640 2,624,076
530,883 0
392,214 1,461,218 1,520,060
713,735 519,728 1,861,948 44,464,272 133,355 30,000,000
9,858,139 1,008,027
617,500 3,281,250 5,000,000 3,165,581
929,541 6,847,147 1,128,125
0 189,073 1,250,000 50,000,000 187,254,512 84,293,100
State Funds
28,328,341
3,519,560 9,116,501 3,165,581 2,473,837
0 29,278,745
916,894 3,680,002 3,813,639 84,293,100
1,307,520,909

MONDAY, FEBRUARY 14, 2000

Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Audit Contracts ..........................................................................$ Special Purpose Contracts.........................................................$ Purchase of Service Contracts ..................................................$ Grant in Aid to Counties...........................................................$ Benefits, Penalties, and Disallowances ....................................$ Health Insurance Payments......................................................$ Capitation Contracts for Family Practice
Residency .................................................................................$ Residency Capitation Contracts................................................$ Student Preceptorships..............................................................$ Mercer School of Medicine Grant.............................................$ Morehouse School of Medicine Grant.......................................$ SREB Payments..........................................................................$ Pediatric Residency Capitation Contracts ...............................$ Preventive Medicine Capitation Grant ....................................$ Medical Scholarships..................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Commissioner's Office Medicaid Benefits Medicaid Systems Management General Administration Medicaid Program Management Minority Health Women's Health Primary and Rural Health Public Employees Health Benefits Health Planning Georgia Board for Physician
Workforce State Medical Education Board Composite State Board of Medical
Examiners Total

$

1,906,566

$ 3,401,069,135

$

48,232,173

$

51,593,548

$

33,031,410

$

185,742

$

430,519

$

1,980,584

$ 1,280,826,826

$

1,728,303

$

35,173,287

$

1,520,467

$

1,518,879

$ 4,859,197,439

B. Budget Unit: Indigent Care Trust Fund.................................$ Per Diem, Fees and Contracts ..................................................$ Benefits........................................................................................$ Total Funds Budgeted................................................................! State Funds Budgeted ...............................................................$

C. Budget Unit: PeachCare for Kids ...........................................$ Personal Services........................................................................$

701
27,595,530 7,041,692 360,986 14,000 77,292 1,355,759
365,953,663 41,868,239
802,656 1,097,500
64,732 83,244 764,826 3,401,069,135 974,927,057
4,347,200 1,950,313
175,000 15,828,668
7,394,890 4,400,350
474,240 30,000
1,520,467 4,859,197,439 1,307,520,909

State Funds

$

853,700

$ 1,233,828,806

$

13,157,384

$

2,612,435

$

14,741,181

$

185,742

$

430,519

$

1,870,206

$

0

$

1,628,303

$

35,173,287

$

1,520,467

$

1,518,879

$ 1,307,520,909

148,828,880 8,200,000
360,067,504 368,267,504 148,828,880

17,189,386 418,478

702

JOURNAL OF THE HOUSE

Regular Operating Expenses............................... Travel..................................................................... Equipment............................................................. Per Diem, Fees and Contracts............................ Computer Charges................................................ Telecommunications ............................................. Medicaid Benefits, Penalties
and Disallowances ............................................ Total Funds Budgeted.......................................... State Funds Budgeted.........................................

Section 9. Department of Corrections.
A. Budget Unit: Administration, Institutions and Probation...............................
Personal Services.................................................. Regular Operating Expenses............................... Travel..................................................................... Motor Vehicle Purchases...................................... Equipment............................................................. Real Estate Rentals ............................................. Per Diem, Fees and Contracts............................ Computer Charges................................................ Telecommunications ............................................. Capital Outlay...................................................... Utilities.................................................................. Court Costs........................................................... County Subsidy..................................................... County Subsidy for Jails ..................................... County Workcamp Construction Grants............ Central Repair Fund............................................ Payments to Central State Hospital for Meals. Payments to Central State Hospital for
Utilities.............................................................. Payments to Public Safety for Meals................. Inmate Release Fund........................................... Health Services Purchases.................................. Payments to MAG Certification.......................... University of Georgia - College of
Veterinary Medicine Contracts........................ Minor Construction Fund.................................... Total Funds Budgeted.......................................... Indirect DOAS Funding....................................... State Funds Budgeted.........................................

Departmental Functional Budgets

Total Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

$

49,689,676

$

14,693,789

$ 109,714,210

$

66,969,149

$ 638,455,461

$ 879,522,285

Section 10. Department of Defense. Budget Unit: Department of Defense..

120,254 50,000
1,155 5,325,376
250,000 12,350
55,526,847 61,704,460 17,189,386
856,757,481 545,312,296
70,163,138 2,680,815 2,193,077 4,302,107 6,793,774 58,137,424 6,198,054 7,737,635 3,038,000 23,590,741 1,300,000 28,980,363 7,931,097
0 1,093,624 4,106,736
1,627,149 577,160
1,527,120 100,937,031
0
438,944 856,000 879,522,285 450,000 856,757,481
State Funds
49,182,676 14,393,789 101,250,001 66,489,149 625,441,866 856,757,481
7,378,907

MONDAY, FEBRUARY 14, 2000

Personal Services....................... Regular Operating Expenses.... Travel.......................................... Motor Vehicle Purchases........... Equipment.................................. Real Estate Rentals .................. Per Diem, Fees and Contracts. Computer Charges..................... Telecommunications .................. 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

2,197,481 6,132,268
21,194,782 29,524,531

Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education.................. Operations: Personal Services........................................................ Regular Operating Expenses..................................... Travel........................................................................... Motor Vehicle Purchases............................................ Equipment................................................................... Real Estate Rentals ................................................... Per Diem, Fees and Contracts.................................. Computer Charges...................................................... Telecommunications ................................................... Utilities........................................................................ Capital Outlay............................................................ QBE Formula Grants: Kindergarten/Grades 1 - 3 ........................................ Grades 4 - 8................................................................ Grades 9 - 12.............................................................. High School Laboratories .......................................... Vocational Education Laboratories........................... Special Education....................................................... Gifted........................................................................... Remedial Education................................................... Staff Development and Professional Development. Media........................................................................... Indirect Cost............................................................... Pupil Transportation.................................................. Local Fair Share......................................................... Mid-Term Adjustment Reserve................................. Other Categorical Grants: Equalization Formula................................................. Sparsity Grants.......................................................... In School Suspension.................................................

703
11,699,117 11,828,197
45,375 58,000 22,000 31,400 584,768 68,625 419,973 4,767,076 29,524,531 7,378,907
State Funds
1,990,240 728,222
4,660,445 7,378,907
5,144,593,012
42,259,256 7,000,407 1,473,315 121,000 286,810 1,223,687
81,052,069 15,756,523 2,224,965
808,452 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 36,602,631 134,010,159 800,161,761 152,021,075 (869,432,749) 66,951,970
245,908,831 3,158,000 23,951,042

704

JOURNAL OF THE HOUSE

Special Instructional Assistance.......................... Middle School Incentive........................................ Special Education Low - Incidence Grants......... Limited English-Speaking Students Program.... Non-QBE Grants: State Fund Reserve............................................... 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........... 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 Grant........................................... 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.................................................... Advance 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................................................ National Teacher Certification............................. Comprehensive School Reform............................. Character Education ............................................. Standards of Care.................................................

98,870,519 100,606,873
620,134 28,122,176
3,769,183 236,086,129
5,508,750 75,415,428
1,900,000 52,304,574 188,375,722 35,282,461 24,962,356 10,745,889 3,774,785 31,910,730
3,884,639 4,989,029 13,524,863
293,520 3,190,097
756,500 0
2,605,394 89,190,742
9,913,513
27,650,639 749,301
1,690,215 500,000
11,625,943 4,632,785 2,481,927 5,042,895 1,059,000
99,547,892 19,434,853
1,250,000 1,608,000 1,042,976 4,340,000 1,689,931 24,282,893
267,333 100,000 10,254,000 500,000 1,164,604 15,401,810 274,395 148,210 3,803,865 350,000 134,500

MONDAY, FEBRUAEY 14, 2000

Troops to Teachers (Federal)......... Child Care Program (Federal)....... Student Information System......... Total Funds Budgeted.................... Indirect DOAS Services Funding.. State Funds Budgeted...................

Departmental Functional Budgets

Total Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total

11,604,056 62,893,563
1,315,708 8,360,361 7,490,421 55,030,768 5,653,823,486 6,503,423 5,257,461 6,480,163 3,155,015 5,821,914,425

B. Budget Unit: Lottery for Education ............ Pre-Kindergarten - Grants............................. Pre-Kindergarten - Personal Services........... Pre-Kindergarten - Operating Expenses....... Education Technology Center......................... Capital Outlay................................................. Postsecondary Options.................................... Computers in the Classroom.......................... Assistive Technology ....................................... Student Information System.......................... Distance Learning........................................... Total Funds Budgeted..................................... Lottery Funds Budgeted.................................

Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System . Personal Services............................................. Regular Operating Expenses.......................... Travel................................................................ Motor Vehicle Purchases................................. Equipment........................................................ Computer Charges........................................... Real Estate Rentals........................................ Telecommunications ........................................ Per Diem, Fees and Contracts....................... Benefits to Retirees......................................... Total Funds Budgeted..................................... State Funds Budgeted....................................

Section 13. Forestry Commission. Budget Unit: Forestry Commission.................. Personal Services............................................. Regular Operating Expenses..........................

705
111,930 40,626,969 30,000,000 5,942,053,004
340,000 5,144,593,012

State Funds

$

9,609,173

$ 57,039,030

$

1,238,119

$

6,071,799

$

509,849

$ 53,634,674

$ 4,998,214,220

$

6,092,736

$

5,017,934

$

5,999,421

$

1,166,057

$ 5,144,593,012

375,773,083 219,171,579
2,051,953 5,148,630
858,000 73,865,604 6,000,000 42,741,317 5,000,000 20,000,000
936,000 375,773,083 375,773,083

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

36,716,572 29,908,389 5,912,072

706

JOURNAL OF THE HOUSE

Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Capital Outlay ............................................................................$ Ware County - Ad Valorem Tax................................................$ Ware County Tax........................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Reforestation Field Services General Administration and
Support Total

$

2,017,895

$

35,621,337

$

4,323,595

$

41,962,827

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Evidence Purchased ...................................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,825,405

$

25,200,983

$

9,999,352

$

20,632,497

$

60,658,237

Section 15. Office of the Governor. A. Budget Unit: Office of the Governor.......................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$

181,318 1,399,402 1,669,799
22,824 1,054,067
844,775 881,681
0 60,000 28,500 41,962,827 36,716,572

State Funds

$

19,684

$

32,541,448

$

4,155,440

$

36,716,572

60,658,237 44,194,440
6,194,456 465,379 387,220
3,271,595 391,419
3,629,982 677,600
1,022,479 423,667 0
60,658,237 60,658,237

State Funds

$

4,825,405

$

25,200,983

$

9,999,352

$

20,632,497

$

60,658,237

38,743,545 18,720,021 1,783,853
324,759 38,070 187,639 1,174,007

MONDAY, FEBRUARY 14, 2000

Per Diem, Fees and Contracts........................ Computer Charges............................................ Telecommunications......................................... Cost of Operations............................................ Mansion Allowance........................................... Governor's Emergency Fund........................... Intern Stipend and Travel.............................. Art Grants of State Funds.............................. Art Grants of Non-State Funds...................... Humanities Grant - State Funds ................... Children and Youth Grants............................. Juvenile Justice Grants................................... Georgia Crime Victims Assistance Program. Grants to Local Systems ................................. Grants - Local EMA......................................... Grants - Civil Air Patrol................................. Year 2000 Project ............................................. Total Funds Budgeted...................................... State Funds Budgeted.....................................

Departmental Functional Budgets

Total Funds

Governor's Office Office of Planning and Budget Council for the Arts Office of Equal Opportunity Office of Consumer Affairs Criminal Justice Coordinating
Council Children and Youth Coordination
Council Human Relations Commission Professional Standards Commission Georgia Emergency Management Agency Office of Information Technology Total

7,353,568 12,742,225 5,689,036 1,093,263 4,090,313
1,789,120
3,176,724 326,481
4,931,820 6,460,792 3,510,659 51,164,001

Section 16. 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............................. Operating Expenses.............................................. Major Maintenance and Repairs ........................

707
8,878,612 529,724 579,758
3,845,501 40,000
3,000,000 148,913
4,000,000 274,194 470,000 250,000
2,183,750 100,000 684,400
1,085,000 57,000
2,808,800 51,164,001 38,743,545
State Funds
7,353,568 12,667,225 4,945,591
790,292 3,892,313
354,684
587,361 326,481 4,931,820 2,192,351 701,859 38,743,545
1,244,550,214
78,074,423 3,173,647 1,935,789
0 206,957 4,671,430 13,225,949 53,562,434 15,204,122
0 47,813,157 65,934,073
0 123,714

708

JOURNAL OF THE HOUSE

Postage..................................................... Payments to DMA - Community Care. Grants to County DFACS-Operations.. Total Funds Budgeted............................ Indirect DOAS Service Funding ........... State Funds Budgeted...........................

Departmental Functional Budgets

Total Funds

Commissioner's Office Planning and Budget Services Office of Adoption Services Children's Community Based
Initiative Troubled Children's Placement Human Resources Development 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 Developmental Disabilities
Council Total

1,016,387 4,122,832 11,884,965
8,489,307 47,813,157
1,310,886 100,313,563
5,590,784
705,995 3,398,648 11,455,469 6,612,805 9,943,034 2,395,989 7,002,396 12,081,291
0 1,295,371 74,419,674
1,610,148 311,462,701

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 Repairs . Postage............................................ Medical Benefits............................ Total Funds Budgeted................... Indirect DOAS Service Funding.. State Funds Budgeted..................

824,452 25,263,290
1,449,264 311,462,701
3,982,840 175,546,087
State Funds
1,016,387 4,122,832 5,917,359
8,114,307 34,335,726
1,310,886 56,551,611 4,341,288
695,995 3,372,079 5,797,553 2,410,331 5,563,401 2,395,989 7,002,396 1,876,134 (14,703,451) 1,295,371 44,080,729
49,164 175,546,087
49,848,343 75,192,219
839,880
6
195,367 1,326,062 5,146,402
0 987,667 324,000 17,882,873 139,963,748
0 190,682 4,222,222 296,119,465 324,160 158,779,175

MONDAY, FEBRUARY 14, 2000

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

$

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

$

Drugs and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Public Health - Division

Indirect Cost

$

Total

$

13,055,719 1,383,859 1,773,114 2,148,234 4,704,248 4,959,151 3,180,709 11,092,949
84,166,474 70,108,664 13,272,151 3,684,786
1,949,932 1,614,511 5,799,550 1,386,617
885,812 2,827,258
225,746 159,019 4,312,449 2,039,075 452,430 2,026,711 559,513 2,024,561 6,733,264 186,315 12,207,038 10,363,458 13,190,325 109,837 13,535,986
0 296,119,465

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 Repairs .....
Utilities...............................................

709
State Funds
12,928,784 1,170,028 1,447,939 1,035,622 3,937,429 4,959,151 1,071,146 5,914,421
0 69,122,805 6,297,075 2,309,073
1,373,534 0
4,323,360 888,072 682,415
1,222,894 225,746 159,019
4,312,449 1,762,714
309,792 1,765,712
559,513 1,512,688 6,583,264
186,315 7,659,475 2,640,380 2,942,458
92,340 11,108,461
(1,724,899) 158,779,175
86,240,987 12,217,485 1,764,296
50,582 1,616,277 5,225,022 11,230,188
383,041 2,477,637 37,940,291
735,245 11,963,883
255,000 959,650

710

JOURNAL OF THE HOUSE

Postage........................................... Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted.................

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disabilities Adjudication Georgia Factory for Blind Roosevelt Warm Springs
Institute Total

$

65,508,127

$

848,949

$

511,903

$

10,471,695

$

1,998,718

$

744,540

$

53,477,653

$

12,023,096

$

28,223,910

$ 173,808,591

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 Service 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

676,518 3,979,502 2,684,052 3,873,812 13,644,717 1,787,260 2,522,234 3,739,244 45,667,979
213,387,764

749,007 173,808,591
100,000 25,249,247
State Funds
13,458,346 413,969 511,903
2,851,205 593,525 744,540 0 666,969
6,008,790 25,249,247
22,204,442 3,601,014
884,107 0
510,512 3,695,697 31,712,124
0 1,596,679 4,150,439 223,678,326 7,087,433 303,682,585 36,591,463 2,037,559 357,039,387 998,471,767
0 366,719,592
State Funds
676,518 3,467,461 2,404,749 3,873,812 1,468,234 1,787,260 1,516,443 3,739,244 5,896,604
48,247,444

MONDAY, FEBRUARY 14, 2000

SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemaker Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program 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

$

1,122,012

$

2,795,420

$

7,223,130

$ 123,877,197

$ 103,349,456

$

3,190,752

$

8,895,675

$

72,333,381

$

23,476,986

$

25,306,692

$

46,513,118

$

4,290,503

$

33,166,733

$

18,577,389

$

7,749,161

$

33,213,311

$

10,044,785

$ 173,320,622

$

3,911,923

$

4,150,439

$

0

$ 998,471,767

Budget Unit Object Classes:

5. Mental Health/Mental Retardation and Substance Abuse ........................
Personal Services.................................... Operating Expenses ............................... Motor Vehicle Equipment Purchases.... Utilities.................................................... Major Maintenance and Construction.. Community Services............................... Total Funds Budgeted............................ Indirect DOAS Service Funding.......... State Funds Budgeted..........................

Departmental Functional Budgets

Total Funds

Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs

35,745,903 16,324,454 27,069,074 38,127,183 117,867,085
17,041,339 51,035,147 19,135,032 3,978,254

711
1,122,012 0 0
60,800,727
40,330,107 0
2,776,636
36,306,261
9,021,901
8,772,833 15,861,742 2,520,990 21,546,892 13,212,885 4,781,312 20,413,693 8,218,081 50,186,937 3,871,923 4,150,439 (10,253,548) 366,719,592

518,256,113 284,140,649
54,213,803 200,000
9,483,250 1,962,161 362,660,836 712,660,699 1,313,100 518,256,113

State Funds

$

21,942,111

$

14,981,072

$

18,462,955

$

31,441,876

$

77,433,538

$

16,480,780

$

25,164,592

$

17,335,464

$

3,044,388

712

JOURNAL OF THE HOUSE

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

1,171,073 584,284
179,183,124
96,300,554 89,819,560 13,048,860
6,232,773 712,660,699

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......................................................................................... Payment to DMA-Community Care.......................................... Grants to County DFACS - Operations................................... Medical Benefits.........................................................................

Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism..................................................................... Personal Services....................................................................... Regular Operating Expenses.................................................... Travel.......................................................................................... Motor Vehicle Purchases........................................................... Equipment.................................................................................. Real Estate Rentals .................................................................. Per Diem, Fees and Contracts................................................. Computer Charges..................................................................... Telecommunications .................................................................. Local Welcome Center Contracts............................................. Marketing................................................................................... Waterway Development in Georgia......................................... Payments to Georgia World Congress Center........................ Total Funds Budgeted............................................................... State Funds Budgeted..............................................................

988,323 0
172,052,800
65,128,075 40,533,155
7,957,309 5,309,675 518,256,113
529,149,916 93,093,821
5,424,072 250,582
2,529,113 14,918,211 61,314,663 53,945,475 20,266,105 55,304,347 362,660,836 37,940,291 4,150,439 223,678,326 8,146,678 351,495,742 132,372,292 139,963,748 2,340,875 10,442,900 3,801,700 25,263,290 358,488,651 4,222,222
28,752,846 11,934,405 1,454,492
562,389 45,000 93,724 844,245 1,266,887 409,336 422,215 250,600 8,464,553 50,000 2,955,000 28,752,846 28,752,846

MONDAY, FEBRUARY 14, 2000

713

Departmental Functional Budgets

Total Funds

Administration Economic Development International Trade Tourism Marketing Division Strategic Planning and
Research Total

$

14,067,633

$

5,297,610

$

2,004,113

$

4,379,658

$

266,955

$

2,736,877

$

28,752,846

Section 18. Department of Insurance. Budget Unit: Department of Insurance .......................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications..................................................................^ Per Diem, Fees and Contracts..................................................$ Health Care Utilization Review................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total 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

Section 19. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice.............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications..................................................................^ Utilities........................................................................................$ Institutional Repairs and Maintenance ...................................$ Service Benefits for Children....................................................$ Purchase of Service Contracts ..................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

State Funds

$

14,067,633

$

5,297,610

$

2,004,113

$

4,379,658

$

266,955

$

2,736,877

$

28,752,846

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

State Funds

$

4,650,676

$

5,672,360

$

605,057

$

3,589,360

$

824,399

$

15,341,852

237,707,264 140,125,017 14,408,766
1,975,130 373,576
1,182,674 2,095,730 16,485,581 3,301,765 2,087,744 3,358,520 2,410,885 26,878,686 29,759,391 244,443,465 237,707,264

714

JOURNAL OP THE HOUSE

Departmental Functional Budgets

Total Funds

Regional Youth Development Centers

j

56,490,823

Bill E. Ireland YDC

3

19,044,494

Augusta YDC

3

12,585,656

Lorenzo Benn YDC

!|

6,876,319

Macon YDC

S

7,947,149

Wrightsville YDC

3

17,402,800

YDC Purchased Services

3

25,930,217

Eastman YDC

3

11,918,340

Sumter YDC

j

895,826

Court Services

j

24,242,695

Day Centers

3

528,224

Group Homes

ij

1,143,739

Law Enforcement Office

j

2,500,815

CYS Purchased Services

3

28,605,065

Assessment and Classification

j

637,469

Multi-Service Centers

|

4,107,477

Training

j

2,288,348

Administration

S|

21,298,009

Total

5 244,443,465

Section 20. Department of Labor. Budget Unit: Department of Labor.......... Personal Services.................................... Regular Operating Expenses................. Travel....................................................... Motor Vehicle Purchases........................
Equipment............................................... Real Estate Rentals ............................... Per Diem, Fees and Contracts.............. Computer Charges.................................. Telecommunications ............................... Per Diem, Pees and Contracts (JTPA). Payments to State Treasury ................. Capital Outlay........................................ Total Funds Budgeted............................ State Funds Budgeted ...........................

Section 21. Department of Law.
Budget Unit: Department of Law............. Personal Services.................................... Regular Operating Expenses................. Travel....................................................... Motor Vehicle Purchases........................ Equipment............................................... Real Estate Rentals............................... Per Diem, Fees and Contracts.............. Computer Charges.................................. Telecommunications ...............................
Books for State Library......................... Total Funds Budgeted............................ State Funds Budgeted...........................

State Funds
54,912,865 18,362,732 12,004,080 6,626,335 7,626,777 16,734,710 25,167,272 11,530,695
895,826 23,980,200
528,224 1,143,739 2,500,815 27,472,289
637,469 4,017,477 2,288,348 21,277,411 237,707,264
11,854,273 79,196,888 6,580,372
1,419,181 0
413,385 1,920,544 5,402,607 2,179,103 1,759,042 54,500,000 1,287,478
0 154,658,600 11,854,273
14,624,689 13,921,100
717,235 199,322 21,000 17,350 826,548 16,160,000 305,201 162,924 147,000 32,477,680 14,624,689

MONDAY, FEBRUARY 14, 2000

715

Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration......................................................... $ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Claims Expense ..........................................................................$ Total Funds Budgeted................................................................$ Other Agency Funds ..................................................................$ Agency Assessments...................................................................$ Employee and Employer Contributions ...................................$ Deferred Compensation .............................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Total

$

1,553,332

$

4,694,838

$

1,723,156

$

3,988,798

$

11,960,124

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources....................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Authority Lease Rentals............................................................$ Advertising and Promotion........................................................$ Cost of Material for Resale .......................................................$ Capital Outlay: New Construction.......................................................................$ Repairs and Maintenance..........................................................$ Land Acquisition Support..........................................................$ Wildlife Management Area Land Acquisition .........................$ Shop Stock - Parks.....................................................................$ User Fee Enhancements............................................................$ Buoy Maintenance......................................................................$ Paving at State Parks and Historic Sites................................$ Grants: Land and Water Conservation..................................................$ Georgia Heritage 2000 Grants..................................................$ Contracts: Corps of Engineers (Cold Water Creek State Park)...............$

0 6,735,258
863,657 91,147 22,864 758,586 848,260 2,420,585 219,767
0 11,960,124
1,424,324 10,187,427
0 348,373
0

State Funds

$

0

$

0

$

0

$

0

$

0

111,730,556 79,892,075 14,451,569
670,557 1,683,825 1,906,065 2,477,014 9,032,858
774,458 1,318,709
0 675,000 1,285,056
1,831,176 2,875,500
243,750 982,330 350,000 1,300,000
74,250 500,000
800,000 341,000
170,047

716

JOURNAL OF THE HOUSE

Georgia State Games Commission ...........................................$ U.S. Geological Survey for Ground Water Resources .............$ Payments to Civil War Commission.........................................$ Hazardous Waste Trust Pund...................................................$ Solid Waste Trust Fund.............................................................$ Payments to Georgia Agricultural Exposition
Authority..................................................................................$ Payments to Mclntosh County..................................................$ Total Funds Budgeted................................................................$ Receipts from Jekyll Island State
Park Authority ........................................................................$ Receipts from Stone Mountain Memorial Association............$ Receipts from Lake Lanier Islands
Development Authority ..........................................................$ Receipts from North Georgia Mountain
Authority..................................................................................$ Indirect DOAS Funding.............................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

$

5,273,968

$

5,621,945

$

2,769,992

$

39,335,639

$

2,398,880

$

37,889,186

$

52,749,497

$

937,213

$ 146,976,320

B. Budget Unit: Georgia Agricultural Exposition Authority .............................................................$
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications..................................................................^ Per Diem, Fees and Contracts ..................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Georgia Agricultural Exposition Authority

$

6,376,576

Section 24. State Board of Pardons and Paroles Budget Unit: Board of Pardons and Paroles................................$ Personal Services ............................................................................$

309,438 300,000 143,000 12,807,746 7,102,405
2,578,492 100,000
146,976,320
892,085 0
2,663,931
1,432,064 200,000
111,730,556

State Funds

$

5,258,968

$

5,621,945

$

2,279,992

$

19,826,891

$

2,228,018

$

32,613,215

$

42,964,314

$

937,213

$ 111,730,556

0 3,050,798 2,200,778
25,000 0
195,000 40,000
0 70,000 795,000 6,376,576
0

State Funds

$

0

48,076,666 37,791,380

MONDAY, FEBRUARY 14, 2000

Regular Operating Expenses .........................................................$ Travel ...............................................................................................$ Motor Vehicle Purchases ................................................................$ Equipment .......................................................................................$ Real Estate Rentals........................................................................$ Per Diem, Fees and Contracts.......................................................$ Computer Charges..........................................................................$ Telecommunications.......................................................................^ County Jail Subsidy........................................................................$ Health Services Purchases.............................................................$ Total Funds Budgeted ....................................................................$ State Funds Budgeted....................................................................$

Section 25. Department of Public Safety. A. Budget Unit: Department of Public Safety.............................$
1. Operations Budget: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ............................................................,......$ State Patrol Posts Repairs and Maintenance..........................$ Capital Outlay ............................................................................$ Conviction Reports .....................................................................$ Year 2000 ....................................................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Service Funding ...............................................$ State Funds Budgeted ...............................................................$

2. Driver Services Budget: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Capital Outlay ............................................................................$ Conviction Reports .....................................................................$ State Patrol Posts Repairs and Maintenance..........................$ Driver License Processing .........................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Service Funding...............................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Driver Services

23,557,807 24,925,164

717
1,697,625 555,000 230,000 190,000
3,038,958 2,062,003
591,200 1,165,000
735,500 20,000 48,076,666 48,076,666
107,904,583
64,997,358 7,721,357 104,095 4,311,500 288,190 28,962 1,132,000 3,156,710 2,744,147 145,100 0 0 212,940
84,842,359 1,650,000
82,979,419
20,226,420 1,112,113 61,941 0 62,343 47,262 69,000 0 273,300 0 303,651 34,900 2,734,234
24,925,164 0
24,925,164
State Funds
21,844,867 24,925,164

718

JOURNAL OF THE HOUSE

Field Operations Total

$

61,284,552

$ 109,767,523

B. Budget Unit: Units Attached for Administrative Purposes Only.....................................................$
Attached Units Budget: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Highway Safety Grants .............................................................$ Peace Officers Training Grants ................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Office of Highway Safety Georgia Peace Officer Standards
and Training Police Academy Fire Academy Georgia Firefighters Standards and
Training Council Georgia Public Safety Training
Facility Total

$

3,168,294

$

1,538,510

$

1,185,709

$

1,159,178

$

460,750

$

10,886,834

$

18,399,275

Section 26. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System..................................................$
Payments to Employees' Retirement System ..........................$ Employer Contribution ..............................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 27. Public Service Commission.
Budget Unit: Public Service Commission.....................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel....................................................... ....................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications...................................................................^ No Call Database .......................................................................$ Total Funds Budgeted................................................................$

$

61,134,552

$ 107,904,583

14,467,504
8,486,817 2,555,964
86,389 80,541 172,746 160,247 413,531 158,185 281,073 2,425,200 3,578,582
0 18,399,275 14,467,504

State Funds

$

386,523

$

1,538,510

$

1,095,709

$

1,049,178

$

460,750

$

9,936,834

$

14,467,504

18,602,000 575,000
18,027,000 18,602,000 18,602,000
9,456,109 8,650,722
599,588 255,400 350,124
58,306 1,546,291
220,072 327,795 378,286 ______ 12,386,584

MONDAY, FEBRUARY 14, 2000

State Funds Budgeted..............................................................

Departmental Functional Budgets

Total Funds

Administration Transportation Utilities Total

2,801,932 4,293,546 5,291,106

Section 28. Board of Regents, University System
of Georgia. A. Budget Unit: Resident Instruction .........................................$ Personal Services:
Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Special Funding Initiatives .......................................................$ Office of Minority Business Enterprise....................................$ Student Education Enrichment Program ................................$ Forestry Research.......................................................................$ Research Consortium .................................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ Department Income....................................................................$ Sponsored Income.......................................................................$ Other Funds................................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

B. Budget Unit: Regents Central Office and Other Organized Activities ..............................................$
Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Agricultural Research ................................................................$ Advanced Technology Development Center Economic Development Institute..............................$ Seed Capital Fund - ATDC .......................................................$ Capital Outlay ............................................................................$ Center for Rehabilitation Technology.......................................$ SREB Payments..........................................................................$ Regents Opportunity Grants.....................................................$ Regents Scholarships .................................................................$ Rental Payments to Georgia Military College.........................$ CRT Inc. Contract at Georgia Tech Research Institute ...................................................................................$ Direct Payments to the Georgia Public Telecommunications Commission for Operations ...............................................................................$ Total Funds Budgeted................................................................$

719
9,456,109
State Funds
2,801,932 1,636,382 5,017,796 9,456,109
1,415,136,163
1,529,074,116 215,731,047
371,311,204 637,169,805 50,340,528
1,131,712 365,217 979,646
8,860,332 185,000
2,815,148,607 103,648,940 852,900,852 440,423,152 3,039,500
1,415,136,163
184,653,556
301,402,127 116,575,795
134,081,359 68,133,453 2,683,909
18,139,002 5,000,000
300,000 5,184,122
867,525 600,000
0 1,387,150
127,604
24,210,014 678,692,060

720

JOURNAL OF THE HOUSE

Department Income........................ Sponsored Income........................... Other Funds.................................... Indirect DOAS Services Funding.. State Funds Budgeted...................

3,576,811 195,411,819 294,506,374
543,500 184,653,556

Regents Central Office and Other Organized Activities

Total Funds

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute ATDC/EDI Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital
Clinics Veterinary Medicine Experiment
Station Veterinary Medicine Teaching
Hospital Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Total

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 3,625,810
3,458,128 35,100,207 672,979,215

C. Budget Unit: Georgia Public Telecommunications Commission......................................................... $
Personal Services........................................................................$ Operating Expenses ...................................................................$ General Programming................................................................$ Distance Learning Programming..............................................$ Total Funds Budgeted................................................................$ Other Funds................................................................................$ State Funds Budgeted ...............................................................$

D. Budget Unit: Lottery for Education.........................................$ Equipment, Technology and Construction Trust Fund.........................................................................................$ Internet Connection Initiative ..................................................$ Georgia Public Telecommunications Commission...................$ Special Funding Initiatives .......................................................$ Research Consortium - Georgia Research Alliance ................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ Lottery Funds Budgeted............................................................$

Section 29. Department of Revenue. Budget Unit: Department of Revenue ..........................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $

State Funds
1,548,915 1,747,781 1,091,077 9,969,762 13,652,293 43,981,403 35,219,986
38,356,117
3,334,563
547,294 0
104,158 35,100,207 184,653,556
0 10,693,587 16,461,164 3,889,958 4,702,234 35,746,943 35,746,943
0
92,650,980
30,000,000 3,015,000 1,500,000 18,466,000 24,200,000 15,469,980
92,650,980 92,650,980
216,107,558 68,846,477 5,897,544 1,137,518 209,605 313,114

MONDAY, FEBRUARY 14, 2000

Real Estate Rentals........................................ Per Diem, Fees and Contracts....................... Computer Charges........................................... Telecommunications ........................................ County Tax Officials/Retirement and PICA . Motor Vehicle Tag Purchases......................... Postage.............................................................. Investment for Modernization........................ Homeowner Tax Relief Grants....................... Total Funds Budgeted..................................... Other Funds..................................................... Indirect DOAS Services Funding................... State Funds Budgeted....................................

Departmental Functional Budgets

Total Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Taxpayer Accounting Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Alcohol and Tobacco Total

46,231,657 8,918,336 12,116,330 17,643,052 8,913,730 19,044,280 4,531,401 8,613,241 87,815,302 4,955,574 20,000 2,683,110
221,486,013

Section 30. Secretary of State. A. Budget Unit: Secretary of State.. Personal Services........................... Regular Operating Expenses........ Travel............................................. Motor Vehicle Purchases............... Equipment...................................... Real Estate Rentals...................... Per Diem, Fees and Contracts.... Computer Charges........................ Telecommunications ...................... Elections Expense......................... Total Funds Budgeted.................. State Funds Budgeted ..................

Departmental Functional Budgets

Total Funds

Internal Administration Archives and Records Securities Corporations Elections and Campaign Disclosure Drugs and Narcotics

4,372,012 5,136,308 2,056,834 2,594,443 4,523,184 1,351,977

721
2,914,564 1,201,600 16,983,346 3,001,779 3,422,795 2,404,350 4,175,880 27,977,441 83,000,000 221,486,013 1,533,455 3,845,000 216,107,558
State Funds
46,231,657
8,768,336
11,101,130 17,503,052 8,613,730 17,744,280 3,891,601 8,613,241 86,081,847 4,855,574
20,000 2,683,110 216,107,558
29,049,645 17,981,474 3,167,087
225,650 168,720 127,876 2,829,398 1,157,708 3,005,695 790,137 640,900 30,094,645 29,049,645
State Funds
4,342,012 5,061,308 2,006,834 1,874,443 4,503,184 1,351,977

722

JOURNAL OF THE HOUSE

State Ethics Commission State Examining Boards Holocaust Commission Total

$

389,165

$

9,424,325

$

246,397

$

30,094,645

B. Budget Unit: Real Estate Commission....................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................S Real Estate Rentals ...................................................................$ Telecommunications...................................................................^ Per Diem, Fees and Contracts..................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

State Funds

Real Estate Commission

$

2,295,018

Section 31. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission ..............................................................$
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ County Conservation Grants.....................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 32. Student Finance Commission. A. Budget Unit: Student Finance Commission............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Guaranteed Educational Loan ..................................................$ Tuition Equalization Grants .....................................................$ Law Enforcement Personnel Dependents' Grants...................$ North Georgia College ROTC Grants ......................................$ Osteopathic Medical Loans........................................................$

$

389,165

$

9,274,325

$

246,397

$

29,049,645

2,295,018 1,431,235
175,000 18,000 30,000 7,665 268,033 170,085 62,000 133,000 2,295,018 2,295,018

Cost of Opera tions

$

2,295,018

2,224,796 1,468,506
389,285 39,850 28,914 13,253
426,907 26,926 122,258 10,300 58,846
2,585,045 2,224,795
33,921,783 532,701 22,680 18,600 0 5,500 59,589 52,653 25,233 18,691
4,610,455 27,372,520
81,700 320,625
95,000

MONDAY, FEBRUARY 14, 2000

Georgia Military Scholarship Grants. Work Incentive for Students............... North Georgia College Scholarship .... Total Funds Budgeted.......................... State Funds Budgeted.........................

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

33,186,136
735,647 33,921,783

B. Budget Unit: Lottery for Education.........................................$ Hope Financial Aid - Tuition....................................................$ Hope Financial Aid - Books ......................................................$ Hope Financial Aid - Fees.........................................................$ Hope Scholarships - Private College........................................$ Georgia Military College Scholarships.....................................$ LEPD Scholarship......................................................................$ Teacher Scholarships..................................................................$ Promise Scholarships .................................................................$ Engineer Scholarships ...............................................................$ Total Funds Budgeted................................................................$ Lottery Funds Budgeted............................................................$

Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ 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 34. Department of Technical and Adult Education A. Budget Unit: Department of Technical and Adult Education..........................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$

723
127,049 513,712
65,075 33,921,783 33,921,783
State Funds
33,186,136
735,647 33,921,783
211,151,363 111,497,102 31,981,035 27,567,229 34,117,000
763,422 225,575 3,500,000 975,000 525,000 211,151,363 211,151,363
3,515,000 6,327,632
342,300 20,500 0 3,950
527,355 329,300 971,717 184,987
0 3,300,000
215,000 0
12,222,741 3,515,000
263,065,856 7,365,399 598,890 177,380 184,271 784,529 450,787 1,009,682 146,786

724

JOURNAL OF THE HOUSE

Capital Outlay................................................... Personal Services - Institutions....................... Operating Expense - Institutions .................... Quick Start Program......................................... Area School Program........................................ Regents Program............................................... Adult Literacy Grants....................................... Salaries and Travel of Public Librarians ....... Public Library Materials.................................. Talking Book Centers ....................................... Public Library Maintenance and Operations. Total Funds Budgeted....................................... State Funds Budgeted......................................

Departmental Functional Budgets

Total Funds

State Administration Institutions Total

$

10,717,724

$ 330,604,457

$ 341,322,181

B. Budget Unit: Lottery for Education................. Computer Laboratories and Satellite Dishes Adult Literacy................................................... Equipment - Technical Institutes ....................... Repairs and Renovations..................................... Total Funds Budgeted.......................................... Lottery Funds Budgeted......................................

Section 35. Department of Transportation Budget Unit: Department of Transportation......... Personal Services.................................................. Regular Operating Expenses............................... Travel..................................................................... Motor Vehicle Purchases...................................... Equipment............................................................. Computer Charges................................................ Real Estate Rentals ............................................. Telecommunications ............................................. Per Diem, Fees and Contracts............................ Capital Outlay...................................................... Airport Aid Program............................................ Mass Transit Grants............................................ Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations........................... Contracts with the Georgia Rail Passenger Authority............................................................ Total Funds Budgeted.......................................... State Funds Budgeted .........................................

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments

$ 1,142,705,134 $ 236,825,931

330,000 198,816,237 59,469,464
11,320,900 6,218,967 3,600,628 19,420,938 16,251,603 6,045,458 1,104,526 8,025,736 341,322,181 263,065,856
State Funds
7,634,074 255,431,782 263,065,856
24,952,049
0 24,702,049
250,000 24,952,049 24,952,049
592,504,631 265,143,196 62,077,029
2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919 70,048,518 1,011,353,992 4,741,866 13,923,185
710,855
601,338 1,460,811,576
592,504,631
State Funds
$ 296,439,552 $ 224,343,946

MONDAY, FEBRUARY 14, 2000

Facilities and Equipment Administration Total

$

17,859,379

$

34,571,796

$ 1,431,962,240

General Funds Budget

Planning and Construction Air Transportation Inter-Modal Transfer and Facilities Harbor/Intra-Coastal Waterways
Activities Total

$

25,000

$

2,985,502

$

25,127,979

$

710,855

$

28,849,336

Section 36. 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................................ Capital Outlay............................................................................ WWII Veterans Memorial (Washington).................................. Total Funds Budgeted................................................................ State Funds Budgeted...............................................................

Departmental Functional Budgets

Total Funds

Veterans Assistance Education and Training Veterans Nursing Home -
Augusta Total

$

21,968,816

$

330,243

$

8,089,329

$

30,388,388

Section 37. Workers' Compensation Board. Budget Unit: Workers' Compensation Board............................... Personal Services........................................................................ Regular Operating Expenses..................................................... Travel........................................................................................... Equipment................................................................................... Real Estate Rentals ................................................................... Per Diem, Fees and Contracts.................................................. Computer Charges...................................................................... Telecommunications ................................................................... Total Funds Budgeted................................................................ State Funds Budgeted...............................................................

Section 38. State of Georgia General Obligation Debt Sinking Fund.

725
17,299,379 33,788,121 571,870,998
25,000 2,507,391 17,390,387
710,855 20,633,633
21,648,772 5,401,527
253,108 92,245 53,000 492,660 27,080 269,784 82,020 14,389,340
7,724,029 692,500 783,095 128,000
30,388,388
21,648,772
State Funds
16,490,747 0
5,158,025 21,648,772
11,665,616 9,545,810
438,815 130,600
16,164 1,201,575
99,402 253,320 239,930 11,925,616 11,665,616

726

JOURNAL OF THE HOUSE

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) ......................................................$ Motor Fuel Tax Funds (New)......,.............................................$
$

53,237,970 0
53,237,970

Section 39. 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 40. Provisions Relative to Section 4, Department of Administrative Ser vices. Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the Commissioner of Administrative Services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41. 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.

MONDAY, FEBRUARY 14, 2000

727

Provided, that from the appropriation made for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of 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
City of Lilburn
Gwinnett County Board of Education
City of Cobbtown City of Glennville

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 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

25,000
20,000

$

37,000

$

30,000

$ 65,000
$ 50,000 $ 10,000

75,000 15,000
25,000 5,000
10,000

728

JOURNAL OF THE HOUSE

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
City of Columbus
City of Columbus
Clayton County

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
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

$ 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
$ 100,000 $ 120,000
$ 60,000

MONDAY, FEBRUARY 14, 2000

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
City of Adairsville
City of Cave Spring
Floyd County Board of Education
City of Duluth

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 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

729

$ 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

$ 25,000

$ 25,000

$ 25,000

$ 60,000

730
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
Dougherty County
Dougherty County
Dougherty County
Miller County

JOURNAL OF THE HOUSE
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 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

$ 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

$ 10,000 $ 25,000 $ 10,000 $ 15,000

MONDAY, FEBRUARY 14, 2000

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 Quitman County
City of Dalton Lee County
Webster County Marion County Board
of Education

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 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 Fort 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
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

731 $ 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

$ 25,000 $ 25,000

$ 40,000 $ 10,000
$ 30,000

732
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
City of Stone Mountain
DeKalb County Board of Education
City of Stone Mountain
City of Poulan
City of Sycamore

JOURNAL OF THE HOUSE
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 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

$ 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

$ 25,000

$

5,000

$ 50,000

$ 10,000

$ 10,000

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 Wilcox County
Irwin County Irwin County Irwin County Board
of Education Wilcox County Wilcox County

MONDAY, FEBRUARY 14, 2000
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 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

733
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 15,000 5,000 5,000 5,000 5,000

734
Wilcox County Wilcox County Emanuel County City of Gibson Glascock County Taliaferro County
Warren County Columbus/Muscogee
County Columbus/Muscogee
County Talbot County Appling County City of Grovetown Columbia County
Board of Education McDuffie County
Board of Education City of Savannah City of Savannah City of Savannah
Town of Thunderbolt
Town of Thunderbolt
Peach County City of Montezuma Franklin County
Stephens County
Stephens County

JOURNAL OF THE HOUSE
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 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 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/install roof for ToccoaStephens County Historical Society

$ 10,000

$

5,000

$ 38,000

$

7,500

$ 10,000

$ 10,000 $ 12,000

$ 25,000

$ 15,000

$ 65,000

$ 10,000

$

5,000

$ 25,000

$ 10,000 $ 10,000 $ 10,000

$

5,000

$

5,000

$ 10,000 $ 25,000 $ 45,000

$ 10,000

$ 20,000

$

4,000

MONDAY, FEBRUARY 14, 2000

735

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

Purchase playground equipment for

City of Sylvania

$ 25,000

Screven County

Renovation of Screven County

Agricultural Center

$ 50,000

City of Harrison

Completion of a park in City of

Harrison

$ 25,000

Jefferson County

Purchase equipment for Jefferson

County Sheriff Department

$ 20,000

Jefferson County

Completion of park project in

Jefferson County

$ 50,000

Washington County

Refurbish T.J. Elder Community Center

in Washington County

$ 25,000

Bibb County

Provide funds for a feasibility study

for a stadium in Bibb County

$ 75,000

Bibb County

Operate the Adopt-a-Role Model in

Bibb County

$ 15,000

Bibb County

Operating funds for the Hay House in

Bibb County

$ 30,000

Bibb County

Operating funds for the Douglas

Theater in Bibb County

$ 50,000

Bibb County

Operating funds for the Harriette

Tubman Museum in Bibb County

$ 50,000

DeKalb County

Improvements to Gresham Park Baseball

and Softball Association field and

Senior Center in South DeKalb

$ 25,000

736
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
DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education DeKalb County

JOURNAL OF THE HOUSE
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 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

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 15,000

$ 25,000

$

5,000

$ 10,000

$ 10,000 $ 10,000 $ 20,000

$ 75,000 $ 32,000

$

3,000

$

5,000

$

5,000

$ 15,000

$ 75,000 $ 25,000

$

6,000

$

8,000

$

7,500

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 City of Conyers Fulton County
Fulton County Baldwin County Baldwin County

MONDAY, FEBRUARY 14, 2000
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 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

737

$

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

$ 50,000

$ 25,000 $ 30,000 $ 10,000 $ 35,000

738

JOURNAL OF THE HOUSE

Baldwin County Board of Education
Johnson County Board of Education
Emanuel County
City of Swainsboro
City of Kite
Emanuel County
Emanuel County Board of Education
City of Summertown
Cobb County
Cobb County Board of Education
City of Savannah
City of Savannah
Fannin County
Murray County
City of McCaysville
City of McCaysville Murray County
City of McCaysville City of McCaysville City of Blakely Seminole County
City of Dexter City of Dublin
City of Dublin
City of Dudley
City of East Dublin
Laurens County Board of Education
City of Bowersville
Franklin County
Hart County Board of Education

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 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

25,000 25,000 15,000 10,000
5,000 10,000 10,000 5,000 25,000 35,000 25,000 25,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 15,000 10,000 15,000 10,000 10,000 15,000 15,000 10,000 10,000 15,000
15,000

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 Brooks County Echols County Chattooga County Chattooga County
Board of Education City of Macon

MONDAY, FEBRUARY 14, 2000
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 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
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 Chattooga County
Purchase/construct a recreation/ sports facility in Macon

739
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 10,000 40,000 10,000
37,000 45,000

740
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 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

JOURNAL OF THE HOUSE
Norcross High School trip to Washington DC (Gwinnett County)
Operation of Slater King Adult Rehabilitation Day Center in Albany
Operation of after school tutorial program 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 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

$ 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

$ 20,000

$ 20,000

$ 20,000 $ 20,000

$ 20,000

$ 10,000 $ 20,000 $ 10,000 $ 10,000 $ 20,000

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
Coffee County Board of Education
Coffee County Board of Education
City of Douglas
Fulton County
City of Atlanta

MONDAY, FEBRUARY 14, 2000
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
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

741

$ 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

$ 10,000

$

1,500

$

5,000

$ 30,000

$ 20,000

742 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 City of Alma
City of Folkston City of Hoboken City of Homeland City of Offerman

JOURNAL OF THE HOUSE
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 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

$ 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

$

5,000

$

2,500

$

5,000

$

2,500

$

5,000

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
Chatham County
Chatham County
City of Bloomingdale
City of Garden City
City of Port Wentworth

MONDAY, FEBRUARY 14, 2000
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
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

743

$

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

$ 25,000

$ 25,000

$ 30,000

$ 25,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 25,000

744
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
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

JOURNAL OF THE HOUSE
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 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

$ 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

$ 10,000

$

5,000

$ 25,000

$ 25,000

$ 25,000

$ 20,000 $ 10,000 $ 10,000 $ 25,000

$ 25,000

MONDAY, FEBRUARY 14, 2000

745

DeKalb County

Operate Changed Living Recovery

Residence, Inc. in DeKalb County

$ 25,000

DeKalb County

Operate Youth Vision Industry

Business Empowerment, Inc.

$ 40,000

City of Hiawassee

Renovate roof at historic Hiawassee

City Hall

$ 25,000

City of Dillard

Renovation of school building in

Dillard

$ 35,000

City of Mountain

Construct sewer extension in Mountain

City

City

$ 25,000

Rabun County

Purchase of fireboat at Lake Seed in

Rabun County

$ 10,000

Rabun County

Operate Fight Abuse in the Home in

Rabun County

$ 10,000

Rabun County

Purchase rescue equipment in

Rabun County

$ 15,000

White County

Road and Bridge, restroom White

County Recreation Department

playground in Sautee Nachoochie

Community

$ 35,000

Walton County

Purchase band uniforms for Loganville

Board of Education

High School in Walton County

$ 15,000

City of Warner

Operating expenses for the Aviation

Robins

Hall of Fame in Warner Robins

$ 90,000

City of Warner

Operating funds for the Salvation

Robins

Army Safehouse in Warner Robins

$ 50,000

City of Perry

Operating funds for the Genesis House

Homeless Center in Perry

$ 25,000

Houston County

Operating funds for the Houston

County Arts Alliance

$ 25,000

Uncle Remus Regional Purchase van for Uncle Remus Regional

Library System

Library System

$ 17,500

Walton County

Purchase band uniforms for Loganville

Board of Education

High School in Walton County

$ 10,000

DeKalb County

Beautification of DeKalb communities

$ 10,000

DeKalb County

Repair and purchase of band

Board of Education

instruments for Towers and Columbia

High Schools in DeKalb County

$ 12,000

DeKalb County

Operation of DeKalb elementary schools

Board of Education

honors programs

$ 13,000

Fannin County

Renovation and repair of Fannin County

Courthouse

$

5,000

Gilmer County

Purchase a Class A fire truck for

Gilmer County

$ 10,000

Lumpkin County

Purchase fencing and lighting for

public swimming pool in City of

Dahlonega, Lumpkin County

$

5,000

Gwinnett County

Stadium renovation for South Gwinnett

Board of Education

High School

$ 15,000

Augusta/Richmond

Operate the Augusta/Richmond County

County

Museum

$

5,000

Richmond County

Technology improvements for State

Court Solicitors Office in

Richmond County

$

5,000

Richmond County

Establish museum at Augusta Cotton

Exchange through the Augusta/Richmond

Museum in Richmond County

$ 40,000

746
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 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

JOURNAL OF THE HOUSE
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 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

$ 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

$ 100,000

$ 100,000 $ 25,000

$ 10,000 $ 10,000

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
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

MONDAY, FEBRUARY 14, 2000
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
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

747

$ 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 $ 10,000 $ 10,000 $ 45,000 $ 30,000 $ 30,000 $ 30,000

748
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 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

JOURNAL OF THE HOUSE
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
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

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 15,000 20,000 12,000
20,000 5,000 5,000

MONDAY, FEBRUARY 14, 2000

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
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

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 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

749
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
10,000 50,000 50,000 100,000 40,000 50,000

750
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
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

JOURNAL OF THE HOUSE
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.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 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

$ 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

$ 50,000 $ 35,000 $ 17,000

$ 20,000 $ 10,000

MONDAY, FEBRUARY 14, 2000

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
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

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 William 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 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

751
$ 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 $ 15,000 $ 25,000
$ 10,000 $ 50,000 $ 15,000

752
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
City of Morrow Lake City Clayton County
Clayton County Clayton County DeKalb County

JOURNAL OF THE HOUSE
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 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.

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 15,000 10,000
40,000 25,000 50,000
50,000

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 City of Screven Pierce County Pierce County
Glynn County
City of Atlanta Lee County Board
of Education Bartow County DeKalb County DeKalb County

MONDAY, FEBRUARY 14, 2000
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
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

753

$ 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
$ 25,000 $ 30,000
$ 25,000 $ 75,000 $ 40,000 $ 35,000

754 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
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County

JOURNAL OF THE HOUSE
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 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

$ 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

$

7,000

$ 15,000

$ 25,000

$ 10,000

$

5,000

$ 20,000

$

5,000

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 Quitman County Augusta/Richmond
County Augusta/Richmond
County Augusta/Richmond
County City of Savannah City of Savannah City of Savannah City of Savannah
City of Savannah

MONDAY, FEBRUARY 14, 2000
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 Feasibility study for Quitman
Welcome Center Continue development of the Golf Hall
of Fame Develop the Augusta Commons
project Beautify the main entrances to
the city Restore buildings and rolling stock
at the State Railroad Museum Purchase 10 acres for the Battlefield
Park Heritage Museum Construct a parking garage at the
Civic Center Roof repairs, masonry repairs, and
facility upgrades at the local visitor information centers Implement the Marin Luther King, Jr. Boulevard revitalization plan

755
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 25,000 5,000,000 3,000,000 2,000,000 1,500,000 1,000,000 1,500,000
285,000 300,000

756

JOURNAL OF THE HOUSE

City of Savannah
City of Savannah
City of Savannah City of Savannah Coweta County Board
of Education
City of Bainbridge

Acquire property adjacent to the International and maritime Trade Center
Convert the National Guard Armory to a sound stage and film production Facility
Rehabilitate existing trolleys for use on River Street
Provide funds for the Eighth Air Force Museum
Construct the Coweta Central Education Center as a GERSC pilot project for educational resource-sharing in the provision of technical education
Construct the Southwest Georgia Welcome Center to be owned and operated locally

$ 3,300,000 $ 500,000 $ 370,000 $ 200,000
$ 7,000,000 $ 1,554,600

Section 42. Provisions Relative to Section 8, Department of Community Health. 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 43. Provisions Relative to Section 11, State Board of Education Depart ment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,038.74. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 44. Provisions Relative to Section 12, Employees' Retirement Sys tem. Funds are provided in this appropriation act for H.B. 661, H.B. 944, H.B. 1096, H.B. 1103 and S.B. 326.

Section 45. Provisions Relative to Section 16, Department of Human Re sources. The Department of Human Resources is authorized to calculate all Temporary Assistance to Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such TANF payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

MONDAY, FEBRUARY 14, 2000

757

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 46. Provisions Relative to Section 22, Merit System of Personnel Admin istration. The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 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 47. 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 48. Provisions Relative to Section 29, 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.

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JOURNAL OF THE HOUSE

Section 49. Provisions Relative to Section 33, 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 SFY 2000.
Section 50. Provisions Relative to Section 35, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Office of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section DC, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
It is the express intent of this General Assembly, by this Act, that the use of Motor Fuel Funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 51. In addition to all other appropriations for the State fiscal year ending June 30, 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 Budget Unit "A") and for State mental health/mental retardation institutions ($8,521,072) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in

MONDAY, FEBRUARY 14, 2000

759

amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

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JOURNAL OF THE HOUSE

Section 57. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2000 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.)(l.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.)(2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.)(3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 58. Wherever in this Act the term "Budget Unit Object Class" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 59. Provisions Relative to Section 37, State of Georgia General Obliga tion Debt Sinking Fund. With regard to the appropriations in Section 37 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and use authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriations designated "State General Funds (New)", $8,306,815 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $93,335,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

MONDAY, FEBRUARY 14, 2000

761

From the appropriation designated "State General Funds (New)", $9,055,750 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $101,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $218,790 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $935,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $667,500 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $678,600 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $55,180 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $249,200 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $6,675,000 is specifically appropriated for the purpose of financing projects for the Department of

762

JOURNAL OP THE HOUSE

Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $75,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $592,740 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,660,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $44,500 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $255,875 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $801,000 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $801,000 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $391,600 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

MONDAY, FEBRUARY 14, 2000

763

therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,755,000 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $623,000 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $356,000 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $240,300 is specifically appropriated for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $58,500 is specifically appropriated for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $53,400 is specifically appropriated for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $24,475 is specifically appropriated for the Department of Natural Resources, by means of the acquisi-

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tion, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $160,200 is specifically appropriated for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $26,700 is specifically appropriated for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,780,000 is specifically appropriated for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $333,750 is specifically appropriated for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $585,000 is specifically appropriated for the Department of Natural Resources for the Jekyll Island Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $351,000 is specifically appropriated for the Department of Natural Resources for Traditional Industries, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $8,900,000 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, en-

MONDAY, FEBRUARY 14, 2000

765

largement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $311,500 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $525,545 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,905,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $774,300 is specifically appropriated for the purpose of financing projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $246,085 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $133,500 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $676,400 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,600,000 in principal amount of General

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Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $278,125 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $73,425 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $825,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)", $81,900 is specifically appropriated for the purpose of financing projects for the Department of Juvenile Justice by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $1,161,810 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $48,950 is specifically appropriated for the purpose of financing projects for the Department of Veterans Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $378,250 is specifically appropriated for the purpose of financing projects for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

MONDAY, FEBRUARY 14, 2000

767

From the appropriation designated "State General Funds (New)", $204,255 is specifically appropriated for the purpose of financing projects for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,295,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $60,520 is specifically appropriated for the purpose of financing projects for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,700,010 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $568,265 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,385,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $454,345 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,105,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $702,000 is specifically appropriated for the purpose of financing projects for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,105,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $105,910 is specifically appropriated for the purpose of financing projects for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

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issuance of not more than $1,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $445,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $267,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, water, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 60. Salary Adjustments. The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) As a cost-of-living adjustment generally for the class, to provide a general salary adjustment of 0% 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

MONDAY, FEBRUARY 14, 2000

769

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 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 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2000

$

13,939,922,701

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of law in conflict with this Act are repealed."

The following Committee substitute was read:

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the"General Appropriations Act", approved May 3, 1999 (Ga. L. 1999, p. 1071), so as to change certain appropriations for the State Fiscal Year 1999-2000; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1999-2000, as amended, known as the "General Appropriations Act" approved May 3, 1999 (Ga. L. 1999, p. 1071), is further amended by striking everything following the enacting clause through Section 62, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000, as prescribed hereinafter for

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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.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly. Budget Unit: General Assembly ..................................................$ Personal Services - Staff............................................................$ Personal Services - Elected Officials........................................$ Regular Operating Expenses.....................................................$ Travel - Staff ..............................................................................$ Travel - Elected Officials...........................................................$ Capital Outlay ............................................................................$ Per Diem Differential.................................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts - Staff ......................................$ Per Diem, Fees and Contracts Elected Officials ......................................................................$ Photography ................................................................................$ Expense Reimbursement Account.............................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

31,805,629 16,632,458 4,054,123 2,581,216
109,500 7,000 0 0
960,000 980,000
5,000 665,000 360,036
3,676,356 100,000
1,674,940 31,805,629 31,805,629

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

$

5,275,860

$

962,415

$

1,301,417

$

7,539,692

$

5,275,860

$

962,415

$

1,301,417

$

7,539,692

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

$

11,521,681

$

470,447

$

1,596,283

$

13,588,411

$

11,521,681

$

470,447

$

1,596,283

$

13,588,411

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office

$

3,214,038

$

2,328,999

$

1,158,951

$

3,214,038

$

2,328,999

$

1,158,951

MONDAY, FEBRUARY 14, 2000

771

Ancillary Activities Budgetary Responsibility
Oversight Committee Total

$

3,541,464

$

434,074

$

10,677,526

$

3,541,464

$

434,074

$

10,677,526

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
764,940 616,000 389,624 188,000 1,554,910 1,051,359 321,000 587,000 28,047,379 26,479,279

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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

7,853,991 10,530,565 45,301,313
36,703,314 1,374,764
897,312 5,876,555
206,755 5,022,000
3,030,749
300,510 $ 117,097,828

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

114,410,224 15,552,134 95,482,386 3,042,892
1,733,421 41,000 500,000 745,995
117,097,828 114,410,224
State Funds
7,135,803 10,480,565 45,301,313
35,162,701 1,323,064
897,312 5,773,285
206,755 5,022,000
2,806,916
300,510 114,410,224
118,360,967 62,574,333 13,051,749
504,767 819,086 2,301,668 1,154,487 4,230,693 378,031 2,646,960 11,207,112
0 0
0
1,987,419 58,080,300
433,484

MONDAY, FEBRUARY 14, 2000

773

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 ............................................................$ Liability Self Insurance Fund...................................................$ 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

$

16,113,012

$

12,845,458

$

22,166,416

$ 117,210,089

$

78,459,037

$

646,329

$

1,638,409

$

4,339,574

$ 253,418,324

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

$

12,525,231

$

6,804,433

$

4,435,386

$

384,405

$

37,446,334

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture.. Personal Services...........................................

17,939,840 522,500 44,900 48,500 75,000 382,900
75,034,595 253,418,324 118,360,967
State Funds
4,552,922 4,106,583
0 29,167,621 75,557,095
646,329 262,271
4,068,146 118,360,967
0 20,803,654 14,998,193
42,000 200,000 313,000 325,000
15,071 269,416 480,000
0 0 0 0 37,446,334 0
State Funds
41,002,478 33,475,781

774

JOURNAL OF THE HOUSE

Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Market Bulletin Postage............................................................$ Payments to Athens and Tifton Veterinary
Laboratories.............................................................................$ Poultry Veterinary Diagnostic Laboratories
in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe..................................$ Veterinary Fees...........................................................................$ Indemnities .................................................................................$ Advertising Contract..................................................................$ Payments to Georgia Agrirama Development Authority for Operations........................................................$ Payments to Georgia Development Authority.........................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets..................................$ Capital Outlay ............................................................................$ Contract - Federation of Southern Cooperatives ....................$ Boll Weevil Eradication Program .............................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

9,076,270

$

16,559,249

$

7,026,728

$

7,534,581

$

3,725,614

$

8,229,091

$

696,171

$

52,847,704

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

4,520,108 1,060,000
352,000 430,673 667,341 814,475 412,585 1,784,741 998,240
3,127,000
3,200,470 275,000 35,000 175,000
829,290 0
650,000 0
40,000 0
52,847,704 41,002,478

State Funds

$

8,295,270

$

13,427,114

$

3,351,728

$

7,347,581

$

3,595,914

$

4,984,871

$

0

$

41,002,478

0 1,039,790
203,000 3,000 0 5,000 9,500 0 7,500 96,500
125,000 120,000 1,609,290
0

MONDAY, FEBRUARY 14, 2000

775

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 ...................................................................$ Capital Outlay ............................................................................$ 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...........................................................$ 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............................................$ Georgia Regional Transportation Authority............................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Executive Division Planning and Management Division

55,527,800 4,355,972

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
83,718,100 19,758,640 2,624,076
530,883 0
392,214 1,461,218 1,745,060
713,735 519,728
0
2,461,948 44,214,272
133,355 30,000,000
429,541 5,000,000 3,165,581
0 617,500 3,281,250 1,008,027 6,847,147
0 0 189,073 1,128,125 1,250,000 50,000,000 9,208,139 186,679,512 83,718,100
State Funds
55,162,941 4,119,560

776

JOURNAL OF THE HOUSE

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

$

40,645,047 8,053,176
3,330,220 55,269,254
3,035,167 1,870,663 10,648,288 3,943,925 186,679,512

Section 8. Department of Community Health. 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 ..........................................................................$ Special Purpose Contracts.........................................................$ Purchase of Service Contracts ..................................................$ Grant in Aid to Counties...........................................................$ Health Insurance Payments......................................................$ Medical Fair................................................................................$ Loan Repayment Program.........................................................$ Medical Scholarships..................................................................$ Capitation Contracts for Family Practice Residency ..................................................................$ Residency Capitation Grants ....................................................$ Student Preceptorships..............................................................$ Mercer School of Medicine Grant.............................................$ Morehouse School of Medicine Grant.......................................$ SREB Payments..........................................................................$ Pediatric Residency Capitation.................................................$ Preventive Medicine Capitation................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Commissioner's Office Medicaid Benefits, Penalties and
Disallowances Program Management - Medicaid Systems Management - Medicaid General Administration Minority Health

$

1,973,697

$ 3,401,236,764

$

33,031,410

$

48,232,173

$

51,593,548

$

185,742

$

9,116,501

$

3,165,581

$

1,973,837

$

0

$

1,769,145

$

916,894

$

3,680,002

$

3,813,639

$

83,718,100

1,307,655,171 27,662,661 7,041,692 360,986 14,000 77,292
1,016,795,296 1,355,759 802,656
365,953,663
3,401,236,764 1,097,500 64,732 83,244 764,826 0 0 0 1,520,467
4,347,200 1,950,313
175,000 15,828,668 7,394,890 4,400,350
474,240 30,000
4,859,432,199 1,307,655,171

State Funds

$

920,831

$ 1,233,895,937

$

14,741,181

$

13,157,384

$

2,612,435

$

185,742

MONDAY, FEBRUARY 14, 2000

Women's Health Employee Health Benefits Health Planning Georgia Board for Physician
Workforce Board of Medical Examiners Medical Education Board Primary and Rural Health Total

430,519 1,280,826,826
1,728,303
35,173,287 1,518,879 1,520,467 1,980,584
4,859,432,199

B. Budget Unit: Indigent Trust Fund......................... Per Diem, Fees and Contracts.................................. Benefits........................................................................ Total Funds Budgeted................................................ State Funds Budgeted...............................................

C. Budget Unit: PeachCare for Kids........................... Personal Services........................................................ Regular Operating Expenses..................................... Travel........................................................................... Motor Vehicle Purchases............................................ Equipment.................................................................. Computer Charges..................................................... Real Estate Rentals .................................................. Telecommunications .................................................. Per Diem, Fees and Contracts................................. PeachCare Benefits, Penalties and Disallowances. Total Funds Budgeted............................................... State Funds Budgeted..............................................

Section 9. Department of Corrections. 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.............................

777
430,519 0
1,628,303
35,173,287 1,518,879 1,520,467 1,870,206
1,307,655,171
148,828,880 8,200,000
360,067,504 368,267,504 148,828,880
17,189,386 418,478 120,254 50,000 0 1,155 250,000 0 12,350
5,325,376 55,526,847 61,704,460 17,189,386
856,157,481 545,312,296
70,134,263 2,680,815 2,193,077 4,302,107 6,198,054 6,793,774 7,737,635 58,566,299
38,000 23,590,741
1,300,000 28,980,363 6,931,097 3,000,000
1,093,624 4,106,736 1,627,149
577,160 1,527,120 100,937,031
0
438,944

778

JOURNAL OF THE HOUSE

Minor Construction Fund..........................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Funding.............................................................$ Georgia Correctional Industries................................................$ State Funds Budgeted ...............................................................$

856,000 878,922,285
450,000 0
856,157,481

Departmental Functional Budgets

Total Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

$

51,257,276

$

15,645,676

$ 126,224,833

$

66,880,989

$ 618,913,511

$ 878,922,285

Section 10. Department of Defense. Budget Unit: Department of Defense..........................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

$

2,197,481

$

6,132,268

$

19,194,782

$

27,524,531

Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education.................................$ Operations: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications..................................................................^ Utilities........................................................................................$ Capital Outlay ............................................................................$ QBE Formula Grants:

State Funds

$

50,750,276

$

15,345,676

$ 117,760,624

$

66,400,989

$ 605,899,916

$ 856,157,481

6,878,907 11,699,117 11,828,197
45,375 58,000 22,000 68,625 31,400 419,973 584,768 2,767,076 27,524,531 6,878,907

State Funds

$

1,990,240

$

728,222

$

4,160,445

$

6,878,907

5,141,109,208
42,259,256 6,963,707 1,473,315 121,000 328,810 1,223,687 78,030,069 17,970,925 2,224,965 808,452 0

MONDAY, FEBRUARY 14, 2000
KindergartenNGrades 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: Next Generation School Grants................................ Youth Apprenticeship Grants.................................... High School Program................................................. Payment of Federal Funds to Board of Technical
and Adult Education .............................................. Vocational Research and Curriculum....................... Education of Children of Low-Income Families...... Even Start................................................................... Instructional Services for the Handicapped............ Retirement (H.B. 272 and H.B. 1321)...................... Tuition for the Multi-Handicapped .......................... PSAT............................................................................ School Lunch (Federal).............................................. Joint Evening Programs............................................ Education of Homeless Children/Youth.................... Pay for Performance................................................... Remedial Summer School.......................................... Pre-School Handicapped Program............................ Mentor Teachers......................................................... Environmental Science Grants................................. Advanced Placement Exams ..................................... Serve America Program............................................. Alternative Programs................................................. Drug Free School (Federal)....................................... School Lunch (State).................................................. Mentoring Program .................................................... Charter Schools .......................................................... Emergency Immigrant Education Program............. Chapter II - Block Grant Flow Through................. State and Local Education Improvement................ Child Care Lunch Program (Federal)....................... Health Insurance - Non-Cert. Personnel
and Retired Teachers..............................................

779
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 36,602,631 134,010,159 800,161,761 152,021,075 (869,432,749) 66,951,970
0
246,132,902 3,158,000 23,951,042 98,870,519
100,606,873 620,134
28,122,176
500,000 4,340,000 31,910,730
27,650,639 293,520
236,086,129 3,190,097 75,415,428 5,508,750 1,900,000 756,500
188,375,722 267,333 749,301
10,254,000 1,689,931 19,434,853 1,250,000 100,000 1,608,000 1,042,976
21,377,316 11,625,943 35,282,461
500,000 1,164,604 2,481,927 9,913,513 24,962,356 89,190,742
99,547,892

780

JOURNAL OF THE HOUSE

Governor's Scholarships........................... Innovative Programs................................ Title II Math/Science Grant (Federal).... Migrant Education................................... Counselors................................................. Regional Education Service Agencies..... Severely Emotionally Disturbed............. Georgia Learning Resources System...... Special Education in State Institutions.. At Risk Summer School Program............ Robert C. Byrd Scholarship (Federal)..... Technology Specialist................................ Year 2000 Project Funding....................... Troops To Teachers ................................... Child Care Program.................................. Comprehensive School Reform................. Character Education................................. Standards of Care.................................... State Fund Reserve.................................. National Teacher Certification................. Student Information System.................... Total Funds Budgeted............................... Indirect DOAS Services Funding............. State Funds Budgeted..............................

Departmental Functional Budgets

Total Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total

13,358,391 65,823,102
1,315,708 9,539,310 8,103,843 58,726,882
0 5,757,515,014
6,627,095 5,381,371 6,480,883 5,697,601 5,938,569,200

B. Budget Unit: Lottery for Education .......................................$ Pre-Kindergarten - Grants ........................................................$ Pre-Kindergarten - Personal Service........................................$ Pre-Kindergarten - Operations .................................................$ Computers in the Classroom.....................................................$ Distance Learning - Satellite Dishes .......................................$ Post Secondary Options .............................................................$ Educational Technology Centers...............................................$ Assistive Technology ..................................................................$ Applied Technology Labs ...........................................................$ Financial and Management Equipment...................................$ Alternative Programs.................................................................$ Fort Discovery National Science Center ..................................$ Capital Outlay ............................................................................$

4,989,029 1,690,215 5,042,895
274,395 13,524,863 10,745,889 52,304,574 3,774,785 3,884,639 4,632,785 1,059,000 15,401,810 2,605,394
111,930 40,626,969
3,803,865 350,000 134,500
3,769,183 148,210
30,000,000 5,938,569,200
0 5,141,109,208

State Funds

$

9,629,173

$

54,039,030

$

1,238,119

$

6,071,799

$

509,849

$

55,812,376

$

0

$ 4,995,532,714

$

6,092,736

$

5,017,934

$

5,999,421

$

1,166,057

$ 5,141,109,208

375,083,083 217,971,579
2,051,953 5,148,630 42,741,317
936,000 5,210,000
858,000 5,000,000
0 0 0 0 75,165,604

MONDAY, FEBRUARY 14, 2000

Learning Logic Sites.............................................. Student Information System................................. Total Funds Budgeted............................................ Lottery Funds Budgeted........................................

Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System........ Personal Services.................................................... Regular Operating Expenses................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Computer Charges.................................................. Real Estate Rentals............................................... Telecommunications ............................................... Per Diem, Fees and Contracts.............................. Benefits to Retirees................................................ Total Funds Budgeted............................................ State Funds Budgeted...........................................

Section 13. Forestry Commission.
Budget Unit: Forestry Commission......................... Personal Services.................................................... Regular Operating Expenses................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Computer Charges............................................... .. Real Estate Rentals.............................................. Telecommunications ............................................... Per Diem, Fees and Contracts.............................. Ware County Grant................................................ Ware County Grant for Southern Forest World., Ware County Grant for Road Maintenance......... Capital Outlay........................................................ Total Funds Budgeted........................................... State Funds Budgeted..........................................

Departmental Functional Budgets

Total Funds

Reforestation Field Services General Administration and
Support Total

$

2,017,895

$

35,621,337

$

4,323,595

$

41,962,827

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation.................................... Personal Services............................................... Regular Operating Expenses............................ Travel.................................................................. Motor Vehicle Purchases................................... Equipment.......................................................... Computer Charges.............................................

781
0 20,000,000 375,083,083 375,083,083
0 2,631,817
481,100 29,000 0 1,450
2,056,432 340,900 70,001
1,618,150 0
7,228,850 0
36,716,572 29,908,389
5,912,072 181,318
1,399,402 1,669,799
844,775 22,824 881,681 1,054,067 28,500 60,000
0 0 41,962,827 36,716,572
State Funds
19,684 32,541,448
4,155,440 36,716,572
60,918,237 44,194,440
6,194,456 465,379 387,220
3,271,595 677,600

782

JOURNAL OF THE HOUSE

Real Estate Rentals .................. Telecommunications .................. Per Diem, Fees and Contracts. Evidence Purchased.................. Capital Outlay........................... Total Funds Budgeted............... State Funds Budgeted..............

Departmental Functional Budgets

Total Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,825,405

$

25,200,983

$

10,259,352

$

20,632,497

$

60,918,237

Section 15. Office of the Governor.
A. Budget Unit: Office of the Governor............ Personal Services.............................................. Regular Operating Expenses........................... Travel................................................................. Motor Vehicle Purchases.................................. Equipment......................................................... Computer Charges............................................ Real Estate Rentals ......................................... Telecommunications......................................... Per Diem, Fees and Contracts........................ Cost of Operations............................................ Mansion Allowance........................................... Governor's Emergency Fund........................... Intern 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......................................... Year 2000 Project............................................. Total Funds Budgeted...................................... State Funds Budgeted.....................................

Departmental Functional Budgets

Total Funds

Governor's Office Office of Equal Opportunity Office of Planning and Budget

7,518,568 1,093,263 13,692,225

391,419 1,022,479 3,889,982
423,667 0
60,918,237 60,918,237
State Funds
4,825,405 25,200,983 10,259,352 20,632,497 60,918,237
39,858,545 18,720,021 1,783,853
324,759 38,070 187,639
529,724 1,174,007
579,758 9,828,612 3,845,501
40,000 3,165,000
148,913 4,000,000
274,194 470,000
0 250,000 2,183,750 100,000 684,400 1,085,000
0 57,000
0 0 2,808,800 52,279,001 39,858,545
State Funds
7,518,568 790,292
13,617,225

MONDAY, FEBRUARY 14, 2000

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

$

5,689,036 4,090,313
3,510,659
1,789,120
3,176,724 326,481
4,931,820 6,460,792
0 52,279,001

Section 16. 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 DCH - Medicaid Benefits....................................$ 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 Technology and Support Facilities Management Regulatory Services - Program
Direction and Support

1,016,387
4,101,512 11,884,965
8,489,307 47,813,157
1,332,206 100,471,758
5,590,784
887,565

783
4,945,591 3,892,313
701,859
354,684
587,361 326,481 4,931,820 2,192,351
0 39,858,545

1,244,578,714
78,074,423 3,173,647 1,935,789
0 206,957 4,671,430 14,906,213 51,682,170 15,562,317 28,500 47,813,157 65,934,073 123,714 824,452 25,263,290
0 0 310,200,132 3,982,840 174,037,823

State Funds

$

1,016,387

$

4,101,512

$

5,917,359

$

8,114,307

$

34,335,726

$

1,332,206

$

56,451,611

$

4,341,288

$

877,565

784

JOURNAL OF THE HOUSE

Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Financial Services Auditing Services Personnel Administration Transportation Services Indirect Cost Policy and Government Services Aging Services DD Council Total

i

3,398,648

i

11,273,899

i

6,612,805

i

8,493,770

i

2,395,989

i

7,002,396

i

12,081,291

i

0

'

1,295,371

i

74,448,174

i

1,610,148

i 310,200,132

2. Public Health Budget: Personal Services.................................... Regular Operating Expenses................. Travel....................................................... Motor Vehicle Purchases........................ Equipment............................................... Real Estate Rentals............................... Per Diem, Fees and Contracts.............. Computer Charges.................................. Telecommunications............................... Special Purpose Contracts..................... Purchase of Service Contracts .............. Grant-In-Aid to Counties....................... Major Maintenance and Construction.. Postage..................................................... Medical Benefits..................................... Total Funds Budgeted............................ Indirect DOAS Services Funding.......... State Funds Budgeted...........................

Departmental Functional Budgets

Total Funds

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

High-Risk Pregnant Women and Infants $

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children

Nutrition

$

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

13,055,719 1,383,859 1,773,114 2,148,234 4,704,248 4,959,151 3,180,709 11,092,949
84,166,474 70,108,664 13,272,151 3,684,786
1,949,932 1,614,511 5,799,550 1,386,617
885,812 2,827,258
225,746

3,372,079 5,615,983 2,410,331 4,126,637 2,395,989 7,002,396 1,876,134 (14,703,451) 1,295,371 44,109,229
49,164 174,037,823
49,968,343 75,192,219
839,880 0
195,367 1,326,062 5,146,402
0 987,667 324,000 18,182,873 139,963,748
0 190,682 4,222,222 296,539,465 324,160 158,779,175
State Funds
12,928,784 1,170,028 1,447,939 1,035,622 3,937,429 4,959,151 1,071,146 5,914,421
0 69,122,805 6,297,075 2,309,073
1,373,534 0
4,323,360 888,072 682,415
1,222,894 225,746

MONDAY, FEBRUARY 14, 2000

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

i

159,019

S

4,312,449

i

2,339,075

'

452,430

i

2,026,711

i

559,513

i

2,024,561

!

6,853,264

i

186,315

i

12,207,038

i

10,363,458

i

13,190,325

i

109,837

i

13,535,986

!

0

! 296,539,465

3. Rehabilitation Services Budget: Personal Services.................................... Regular Operating Expenses................. Travel....................................................... Motor Vehicle Purchases........................
Equipment............................................... Real Estate Rentals ............................... Per Diem, Fees and Contracts.............. Computer Charges................................. Telecommunications .............................. Case Services ......................................... Special Purpose Contracts.................... Purchase of Services Contracts............ Major Maintenance and Construction. Utilities................................................... Postage.................................................... Total Funds Budgeted........................... Indirect DOAS Services Funding......... State Funds Budgeted..........................

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs
Institute Total

$

65,508,127

$

848,949

$

511,903

$

10,471,695

$

1,998,718

$

744,540

$

53,477,653

$

12,023,096

$

28,223,910

$ 173,808,591

4. Family and Children Services Budget: Personal Services....................................................................... Regular Operating Expenses...................................................

785
159,019 4,312,449 1,762,714
309,792 1,765,712
559,513 1,512,688 6,583,264
186,315 7,659,475 2,640,380 2,942,458
92,340 11,108,461
(1,724,899) 158,779,175
86,240,987 12,217,485 1,764,296
50,582 1,616,277 5,225,022 11,230,188
383,041 2,477,637 37,940,291
735,245 11,963,883
255,000 959,650 749,007
'loo'ooo
25,249,247
State Funds
13,458,346 413,969 511,903
2,851,205 593,525 744,540 0 666,969
6,008,790 25,249,247
22,204,442 3,601,014

786

JOURNAL OF THE HOUSE

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 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

676,518 3,979,502 2,684,052 3,873,812 14,944,717 1,787,260 2,522,234 21,869,244 45,667,979
161,679,135 1,422,012 2,795,420 7,223,130
124,077,197
109,415,181 3,190,752
8,895,675
72,333,381
23,476,986
26,755,956 57,795,562 4,290,503 33,166,733 18,577,389
7,749,161 33,213,311 11,886,390 183,820,622

884,107 0
510,512 3,695,697 31,892,124
200,000 1,596,679 4,650,439 172,269,697 7,837,433 324,067,294 59,461,463 2,037,559 364,554,376 999,462,836
0 368,256,356
State Funds
676,518 3,467,461 2,404,749 3,873,812 1,468,234 1,787,260 1,516,443 3,739,244 5,896,604
48,247,444 1,122,012 0 0
60,900,727
40,330,107 0
2,776,636
36,306,261
9,021,901
10,209,597 15,861,742 2,520,990 21,546,880 13,212,885 4,781,324 20,413,693 8,218,081 50,186,937

MONDAY, FEBRUARY 14, 2000

Special Projects Children's Trust Fund Indirect Cost Total

5,042,583 4,650,439
0 999,462,836

5. Community Mental Health/Mental Retardation and Institutions:
Personal Services.................................................... Operating Expenses ............................................... Motor Vehicle Equipment Purchases.................... Utilities.................................................................... Major Maintenance and Construction.................. Community Services............................................... Total Funds Budgeted............................................ Indirect DOAS Services Funding.......................... State Funds Budgeted...........................................

Departmental Functional Budgets

Total Funds

Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Substance Abuse Residential Services Community Mental Health Services Community Mental Retardation
Services Community Substance Abuse Services State Administration Regional Administration Total

36,750,435 16,746,364 27,706,653 40,035,057 119,037,294
17,563,565 53,088,572 19,935,349 3,978,254
1,171,073 584,284
179,001,554
98,741,547 89,819,560 13,048,860
6,232,773 723,441,194

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.............

787
3,871,923 4,150,439 (10,253,548) 368,256,356
292,661,721 54,213,803
200,000 9,483,250 1,962,161 364,920,259 723,441,194 1,673,274 518,256,113
State Funds
21,942,111 14,981,072 18,462,955 32,595,011 75,676,463
16,644,577 25,164,592 17,775,607 3,044,388
988,323 0
171,871,230
65,309,645 40,533,155
7,957,309 5,309,675 518,256,113
529,149,916 94,184,365
5,424,072 250,582
2,529,113 14,918,211 63,174,927 52,265,211 20,624,300 54,213,803 364,920,259 37,940,291 4,650,439 172,269,697 8,925,178

788

JOURNAL OF THE HOUSE

Service Benefits for Children.................................................. Purchase of Service Contracts ................................................ Grant-In-Aid to Counties......................................................... Major Maintenance and Construction.................................... Utilities...................................................................................... Postage....................................................................................... Payments to DCH - Medicaid Benefits.................................. Grants to County DFACS - Operations................................. Medical Benefits ....................................................................... Total Funds Budgeted.............................................................. Indirect DOAS Services Funding............................................ State Funds Budgeted.............................................................

Section 17. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism...........................................................
Personal Services...................................................................... Regular Operating Expenses................................................... Travel......................................................................................... Motor Vehicle Purchases.......................................................... Equipment................................................................................. Computer Charges.................................................................... Real Estate Rentals ................................................................. Telecommunications ................................................................. Per Diem, Fees and Contracts................................................ Local Welcome Center Contracts............................................ Marketing.................................................................................. Georgia Ports Authority Lease Rentals ................................. Foreign Currency Reserve ....................................................... Waterway Development in Georgia ........................................ Lanier Regional Watershed Commission............................... Georgia World Congress Center.............................................. Total Funds Budgeted.............................................................. State Funds Budgeted.............................................................

Departmental Functional Budgets

Total Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

$

14,067,633

$

5,297,610

$

2,254,113

$

4,379,658

$

266,955

2,736,877 29,002,846

Section 18. Department of Insurance. Budget Unit: Department of Insurance. Personal Services................................... Regular Operating Expenses................ Travel...................................................... Motor Vehicle Purchases....................... Equipment.............................................. Computer Charges................................. Real Estate Rentals..............................

371,880,451 155,542,292 139,963,748
2,340,875 10,442,900 3,801,700 25,263,290 364,554,376 4,222,222 2,503,452,218 6,080,274 1,244,578,714

29,002,846 11,934,405 1,454,492
562,389 45,000 93,724 409,336 844,245 422,215 1,516,887 250,600 8,464,553
0 0 50,000 0 2,955,000 29,002,846 29,002,846

State Funds

$ 14,067,633

$

5,297,610

$

2,254,113

$

4,379,658

$

266,955

$

2,736,877

$ 29,002,846

15,456,662 14,233,146
683,241 421,713 95,000 34,275 200,088 796,091

MONDAY, FEBRUARY 14, 2000

Telecommunications ..................... Per Diem, Fees and Contracts.... Health Care Utilization Review.. Total Funds Budgeted.................. State Funds Budgeted.................

Departmental Functional Budgets

Total Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud Fund Total

$

4,735,486

$

5,672,360

$

605,057

$

5,088,822

$

824,399

$

16,926,124

Section 19. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice................................................................. Personal Services....................................................................... Regular Operating Expenses.................................................... Travel.......................................................................................... Motor Vehicle Purchases........................................................... Equipment.................................................................................. Computer Charges..................................................................... Real Estate Rentals.................................................................. Telecommunications .................................................................. Per Diem, Fees and Contracts................................................. Utilities....................................................................................... Institutional Repairs and Maintenance................................. Grants to County-Owned Detention Centers ........................ Service Benefits for Children.................................................. Purchase of Service Contracts ................................................. Capital Outlay.......................................................................... Juvenile Justice Reserve.......................................................... Total Funds Budgeted.............................................................. State Funds Budgeted.............................................................

Departmental Functional Budgets

Total Funds

Regional Youth Development Centers Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Eastman YDC Court Services Day Centers Group Homes CYS Purchased Services Sumter YDC

57,950,823 19,044,494 12,585,656 6,876,319 7,947,149 17,402,800 26,240,217 11,569,840 24,242,695
528,224 1,143,739 27,145,065
832,038

789
317,912 144,658
0 16,926,124 15,456,662
State Funds
4,735,486 5,672,360
605,057
3,619,360 824,399
15,456,662
237,707,264 140,105,017
14,371,406 1,975,130 373,576 1,220,034 3,301,765 2,095,730 2,097,744 16,485,581 3,368,520 950,885 0
28,338,686 29,759,391
0 0 244,443,465 237,707,264
State Funds
56,372,865 18,362,732 12,004,080 6,626,335 7,626,777 16,734,710 25,477,272 11,182,195 23,980,200
528,224 1,143,739 26,012,289
832,038

790

JOURNAL OF THE HOUSE

Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Total

2,500,815 637,469
4,107,477 21,400,297
2,288,348 244,443,465

Section 20. 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 21. Department of Law. Budget Unit: Department of Law......................................... Personal Services................................................................. Regular Operating Expenses.............................................. Travel.................................................................................... Motor Vehicle Purchases..................................................... Equipment............................................................................ Computer Charges............................................................... Real Estate Rentals............................................................ Telecommunications ............................................................ Per Diem, Fees and Contracts ........................................... Books for State Library...................................................... Total Funds Budgeted......................................................... State Funds Budgeted........................................................
Section 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 ............................................................ Total Funds Budgeted......................................................... Federal Funds...................................................................... Other Agency Funds........................................................... Agency Assessments............................................................ Employee and Employer Contributions ............................ Deferred Compensation ......................................................

2,500,815 637,469
4,017,477 21,379,699 2,288,348 237,707,264
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 13,881,100
717,235 199,322 21,000
17,350 305,201 826,548 162,924 16,160,000 187,000 32,477,680 14,624,689
0 7,313,055
846,478 91,147 22,864 758,586 1,010,974 2,248,400 219,767 12,511,271
0 1,275,762 10,722,136
0 513,373

MONDAY, FEBRUARY 14, 2000

State Funds Budgeted..............................................................

Departmental Functional Budgets

Total Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Total

1,336,640 4,316,771 1,994,370 4,863,490 12,511,271

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources .... Personal Services.......................................................... Regular Operating Expenses....................................... Travel............................................................................. Motor Vehicle Purchases.............................................. Equipment..................................................................... Real Estate Rentals ..................................................... Per Diem, Fees and Contracts.................................... Computer Charges........................................................ Telecommunications ..................................................... Authority Lease Rentals.............................................. Advertising and Promotion.......................................... Cost of Material for Resale......................................... Capital Outlay: New Construction......................................................... Repairs and Maintenance............................................ Land Acquisition Support............................................ Wildlife Management Area Land Acquisition............ Shop Stock - Parks........................................................ User Fee Enhancements.............................................. Buoy Maintenance......................................................... Waterfowl Habitat......................................................... Paving at State Parks and Historic Sites................... Grants: Land and Water Conservation..................................... Georgia Heritage 2000 Grants.................................... Recreation...................................................................... Chattahoochee River Basin Grants............................ Contracts: Paralympic Games........................................................ Technical Assistance Contract.................................... Corps of Engineers (Cold Water Creek State Park). Georgia State Games Commission ............................. U. S. Geological Survey for Ground Water
Resources................................................................... U.S. Geological Survey for Topographic Mapping..... Payments to Civil War Commission........................... Hazardous Waste Trust Fund..................................... Solid Waste Trust Fund............................................... Payments to Georgia Agricultural
Exposition Authority................................................. Payments to Mclntosh County..................................... Georgia Regional Transportation Authority............... Total Funds Budgeted...................................................

791
0
State Funds
113,193,556 79,892,075 14,451,569
670,557 1,683,825 1,906,065 2,477,014 10,115,858
774,458 1,318,709
0 675,000 1,285,056
1,831,176 2,875,500
243,750 982,330 350,000 1,300,000
74,250 0
500,000
800,000 341,000
0 0
0 0 170,047 309,438
300,000 0
143,000 12,807,746 7,102,405
2,958,492 100,000 0
148,439,320

792

JOURNAL OF THE HOUSE

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 Environmental Protection Pollution Prevention
Assistance Total

$

5,653,968

$

5,621,945

$

2,769,992

$

39,793,639

$

2,398,880

$

37,889,186

$

53,374,497

$

937,213

$ 148,439,320

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

892,085
0
2,663,931
1,432,064 200,000
113,193,556

State Funds

$

5,638,968

$

5,621,945

$

2,279,992

$

20,284,891

$

2,228,018

$

32,613,215

$

43,589,314

$

937,213

$ 113,193,556

0 3,050,798 2,580,778
25,000 0
195,000 40,000
0 70,000 795,000
0 6,756,576
0

Departmental Functional Budgets

Total Funds

Georgia Agricultural Exposition Authority

$

6,756,576

Section 24. State Board of Pardons and Parole. Budget Unit: Board of Pardons and Paroles ..............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$

State Funds

$

0

48,076,666 37,791,380
1,697,625 555,000 230,000 190,000 591,200
3,038,958

MONDAY, FEBRUARY 14, 2000

Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ County Jail Subsidy...................................................................$ Health Services Purchases ........................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 25. 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 .....................................................................$ Year 2000 ....................................................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Service Funding ...............................................$ State Funds Budgeted ...............................................................$

2. Driver Services Budget: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Capital Outlay ............................................................................$ Conviction Reports .....................................................................$ State Patrol Posts Repairs and Maintenance..........................$ Driver License Processing .........................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Service Funding...............................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

23,557,807 24,925,164 61,284,552 109,767,523

B. Budget Unit: Units Attached for Administrative Purposes Only....................................
Attached Units Budget:

793
1,165,000 2,062,003
735,500 20,000 48,076,666 48,076,666
107,904,583
64,997,358 7,721,357 104,095 4,311,500 288,190 3,156,710 28,962 2,744,147 1,132,000 145,100 0 0 212,940 84,842,359 1,650,000 82,979,419
20,226,420 1,112,113 61,941 0 62,343 0 47,262 273,300 69,000 0 303,651 34,900 2,734,234
24,925,164 0
24,925,164
State Funds
21,844,867 24,925,164 61,134,552 107,904,583
14,767,504

794

JOURNAL OF THE HOUSE

Personal Services......................... Regular Operating Expenses...... Travel............................................ Motor Vehicle Purchases............. Equipment.................................... Computer Charges....................... Real Estate Rentals .................... Telecommunications .................... Per Diem, Fees and Contracts... Highway Safety Grants .............. Peace Officers Training Grants . Capital Outlay............................. Total Funds Budgeted................. State Funds Budgeted................

Departmental Functional Budgets

Total Funds

Office of Highway Safety Georgia Peace Officers Standards
and Training Police Academy Fire Academy Georgia Firefighters Standards and
Training Council Georgia Public Safety Training
Facility Total

3,173,294
1,538,510 1,185,709 1,159,178
460,750
11,186,834 18,704,275

Section 26. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System..................................................................... Payments to Employees' Retirement System.......................... Employer Contributions............................................................. Total Funds Budgeted................................................................ State Funds Budgeted...............................................................

Section 27. 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

2,801,932

8,486,817 2,559,964
87,389 80,541 172,746 158,185 160,247 281,073 413,531 2,425,200 3,578,582 300,000 18,704,275 14,767,504

State Funds

$

386,523

$

1,538,510

$

1,095,709

$

1,049,178

$

460,750

$

10,236,834

$

14,767,504

18,602,000 575,000
18,027,000 18,602,000 18,602,000
9,456,109 8,650,722
599,588 255,400 350,124
58,306 378,286 327,795 220,072 1,546,291 12,386,584 9,456,109

State Funds

$

2,801,932

MONDAY, FEBRUARY 14, 2000

Transportation Utilities Total

4,293,546 5,291,106 12,386,584

Section 28. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction.........................................$ Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Special Funding Initiative.........................................................$ Office of Minority Business Enterprise....................................$ Student Education Enrichment Program ................................$ Forestry Research.......................................................................$ Research Consortium .................................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ Departmental Income.................................................................$ Sponsored Income.......................................................................$ Other Funds................................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

B. Budget Unit: Regents Central Office and Other Organized Activities .............................................................$
Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Fire Ant and Environmental Toxicology Research .................$ Agricultural Research ................................................................$ Advanced Technology Development Center/ Economic Development Institute ..........................................$ Seed Capital Fund - ATDC .......................................................$ Capital Outlay ............................................................................$ Center for Rehabilitation Technology.......................................$ SREB Payments..........................................................................$ 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 ................$ Area Health Education Center Contracts................................$ Total Funds Budgeted................................................................$ Departmental Income.................................................................$ Sponsored Income.......................................................................$ Other Funds................................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

795
1,636,382 5,017,795 9,456,109
1,415,886,163
1,529,074,116 215,731,047
371,311,204 637,169,805 50,340,528
1,131,712 365,217 979,646
8,860,332 935,000
2,815,898,607 103,648,940 852,900,852 440,423,152 3,039,500
1,415,886,163
185,212,556
301,522,127 116,575,795
134,320,359 68,133,453
0 2,683,909
18,139,002 5,000,000
300,000 5,184,122
867,525 600,000
0 1,387,150
127,604
24,410,014 0
679,251,060 3,576,811
195,411,819 294,506,374
543,500 185,212,556

796

JOURNAL OF THE HOUSE

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute 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 Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

2,411,940 5,247,450 1,857,769 111,217,128
23,139,002 71,940,038 57,863,173
354,452,883
3,334,563
5,282,120 3,625,810
3,458,128 35,421,056 679,251,060

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 .............................................. Research Consortium - Georgia Research Alliance ....... Capital Outlay................................................................... Georgia Military College - Computer Charges............... Total Funds Budgeted....................................................... Lottery Funds Budgeted...................................................

Section 29. Department of Revenue. Budget Unit: Department of Revenue................................ Personal Services............................................................... Regular Operating Expenses............................................ Travel.................................................................................. Motor Vehicle Purchases................................................... Equipment.......................................................................... Computer Charges............................................................. Real Estate Rentals .......................................................... Telecommunications ..........................................................

1,548,915 1,747,781 1,091,077 10,169,762
13,652,293 43,981,403 35,364,986
38,356,117
3,334,563
547,294 0
104,158 35,314,207 185,212,556
0 10,693,587 8,576,118 3,889,958 4,702,234 27,861,897 27,861,897
0
92,790,980 30,000,000
3,015,000 1,500,000 18,466,000 24,200,000 15,469,980
140,000 92,790,980 92,790,980
216,107,558 68,114,477
5,897,544 1,137,518
209,605 313,114 16,643,346 2,914,564 3,341,779

MONDAY, FEBRUARY 14, 2000

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....................................

Departmental Functional Budgets

Total Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

46,161,657 8,918,336 12,116,330 17,643,052 8,913,730 19,044,280 8,613,241 87,815,302 4,955,574 20,000 4,601,401 2,683,110
221,486,013

Section 30. 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

4,372,012 5,136,308 2,594,443 2,056,834 4,523,184 1,351,977
389,165 9,424,325
246,397

797
1,933,600 3,422,795
0 2,404,350 4,175,880 27,977,441 83,000,000 221,486,013 3,845,000 216,107,558
State Funds
46,161,657 8,768,336 11,101,130 17,503,052 8,613,730 17,744,280 8,613,241 86,081,847 4,855,574 20,000 3,961,601 2,683,110
216,107,558
29,049,645 17,981,474 3,167,087
225,650 168,720 127,876 3,005,695 2,829,398 790,137 1,157,708 640,900 30,094,645 29,049,645
State Funds
4,342,012 5,061,308 1,874,443 2,006,834 4,503,184 1,351,977
389,165 9,274,325
246,397

798

JOURNAL OF THE HOUSE

Total

30,094,645

B. Budget Unit: Real Estate Commission . Personal Services....................................... Regular Operating Expenses.................... Travel.......................................................... Motor Vehicle Purchases........................... Equipment.................................................. Computer Charges..................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts................. Total Funds Budgeted............................... State Funds Budgeted..............................

Departmental Functional Budgets

State Funds

Real Estate Commission

2,295,018

Section 31. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission............................. Personal Services................................................................ Regular Operating Expenses............................................. Travel................................................................................... Motor Vehicle Purchases.................................................... Equipment........................................................................... Computer Charges............................................................. Real Estate Rentals........................................................... Telecommunications ........................................................... Per Diem, Fees and Contracts.......................................... County Conservation Grants............................................ Total Funds Budgeted........................................................ State Funds Budgeted......................................................

Section 32. 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...............................................

29,049,645
2,295,018 1,431,235
175,000 18,000 30,000 7,665
268,033 170,085 62,000 133,000 2,295,018 2,295,018
Cost of Operations
2,335,018
2,251,949 1,468,506
389,285 39,850 28,914 13,253 10,300 122,258 26,926 426,907 86,000 2,612,199 2,251,949
33,921,783 532,701 22,680 18,600 0 5,500 25,233 59,589 18,691 52,653 0
4,610,455 27,372,520
0 81,700 320,625 65,075 95,000

MONDAY, FEBRUARY 14, 2000

Georgia Military Scholarship Grants........ Paul Douglas Teacher Scholarship Loans. Work Incentive for Students ...................... Total Funds Budgeted................................. State Funds Budgeted................................

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

33,186,136
735,647 33,921,783

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 ...............................................................i Total Funds Budgeted................................................................! Lottery Funds Budgeted............................................................!

Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System...............................! Personal Services........................................................................! Regular Operating Expenses.....................................................! Travel...........................................................................................! Motor Vehicle Purchases............................................................! Equipment...................................................................................!
Computer Charges......................................................................! Real Estate Rentals ...................................................................i Telecommunications ................................................................... i 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 ...............................................................i

Section 34. 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..................................................!

799
127,049 0
513,712 33,921,783 33,921,783
State Funds
33,186,136
735,647 33,921,783
210,951,363 111,497,102 31,981,035 27,567,229
0 34,117,000
563,422 225,575 3,500,000 975,000 525,000 210,951,363 210,951,363
3,515,000 7,322,760
397,300 20,500
0 23,950 1,061,717 622,335 284,987 389,300
0 3,300,000
215,000 0
13,637,849 3,515,000
263,401,856 7,365,399 574,232 177,380 24,658 184,271 870,529 450,787

800

JOURNAL OF THE HOUSE

Computer Charges............................................ Telecommunications ......................................... Salaries and Travel of Public Librarians ...... Public Library Materials................................. Talking Book Centers ..................................... Public Library Maintenance and Operation. Capital Outlay................................................. Personal Services-Institutions........................ Operating Expenses-Institutions.................... Area School Program...................................... Adult Literacy Grants..................................... Regents Program............................................. Quick Start Program....................................... Total Funds Budgeted..................................... State Funds Budgeted....................................

Departmental Functional Budgets

Total Funds

Administration Institutional
Programs Total

$

10,803,724

$ 330,854,457 $ 341,658,181

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 35. Department of Transportation. Budget Unit: Department of Transportation................ Personal Services......................................................... Regular Operating Expenses...................................... Travel............................................................................ Motor Vehicle Purchases............................................. Equipment.................................................................... Computer Charges....................................................... Real Estate Rentals .................................................... Telecommunications .................................................... Per Diem, Fees and Contracts................................... Capital Outlay............................................................. Capital Outlay - Airport Aid Program...................... Mass Transit Grants................................................... Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations.................................. Contracts with the Georgia Rail Passenger Authority................................................ Total Funds Budgeted................................................. State Funds Budgeted ................................................

1,009,682 146,786
16,251,603 6,045,458 1,104,526 8,025,736
580,000 198,816,237 59,469,464
6,218,967 19,420,938 3,600,628 11,320,900 341,658,181 263,401,856

State Funds

$

7,720,074

$ 255,681,782 $ 263,401,856

25,702,049

0 250,000

0 25,452,049
0 25,702,049 25,702,049

593,354,631 265,143,196 62,077,029
2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919 69,798,518 1,011,353,992 5,841,866 33,052,000
710,855
601,338 1,480,790,391
593,354,631

MONDAY, FEBRUARY 14, 2000

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 1,141,955,134

$ 237,575,931

$

17,859,379

$

34,571,796

$ 1,431,962,240

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

$

45,106,794

$

710,855

$

48,828,151

Section 36. 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.................................................... Capital Outlay............................................................................ WWII Veterans Memorial.......................................................... Regular Operating Expenses for Projects and Insurance ......................................................................... Total Funds Budgeted................................................................ State Funds Budgeted...............................................................

Departmental Functional Budgets

Total Funds

Veterans Assistance Education and Training Veterans Nursing
Home-Augusta Total

$

22,316,359

$

0

$

8,072,029

$

30,388,388

Section 37. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.. Personal Services............................................ Regular Operating Expenses......................... Travel............................................................... Motor Vehicle Purchases................................
Equipment.......................................................

801
State Funds
295,689,552 225,093,946
17,299,379 33,788,121 571,870,998
25,000 0
2,507,391 18,240,387
710,855 21,483,633
21,648,772 5,401,527 253,108 92,245 53,000 492,660 27,080 269,784 82,020 14,389,340
7,724,029 783,095 128,000
692,500 30,388,388 21,648,772
State Funds
16,508,047 0
5,140,725 21,648,772
11,665,616 9,545,810
438,815 130,600
0 16,164

802

JOURNAL OF THE HOUSE

Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Payments to State Treasury .....................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

253,320 1,201,575
239,930 99,402 0
11,925,616 11,665,616

Section 38. 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) ......................................................$ Motor Fuel Tax Funds (New)....................................................$
$

52,869,733 0
52,869,733

Section 39. 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 40. Provisions Relative to Section 4, Department of Administrative Ser vices. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999.

MONDAY, FEBRUARY 14, 2000

803

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the 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 41. 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:

Purpose

Amount

City of Acworth City of Acworth City of Adairsville City of Adel City of Alamo
City of Albany City of Albany City of Albany City of Alma
City of Alma
City of Americus City of Andersonville Appling County Appling County Board
of Education City of Aragon City of Arcade Athens/Clarke County

Purchase aluminum bleachers for city parks in Acworth
Purchase video cameras for patrol cars in Acworth
Replacement or renovation of police department building in Adairsville
Purchase/install emergency warning system in Adel
Operating funds for the Ocmulgee Regional Library System (Wheeler County Library) in Alamo
Operation of Slater King Adult Rehabilitation Day Center in Albany
Operation of after school tutorial program for students in East Albany
Lights for 8th Avenue ball field in City of Albany
Construction of law enforcement training center and firearms qualification range in City of Alma
Purchase computer and software, safety fence and install covered walkways at ABC Child Development Center in Alma
Renovate Rylander Theater in Americus Repairs of Holloway Building in
Andersonville Operating funds for the Welcome Center
in Appling County Purchase band uniforms and
instruments for Appling County Schools Operation of recreation facility
in the City of Aragon Install water line in City of Arcade Repairs to Rutland Psycho Educational
Services Center in Athens/Clarke County

$ 10,000

$ 10,000

$ 25,000

$

7,500

$ 25,000 $ 35,000 $ 20,000 $ 25,000

$

5,000

$

9,694

$ 100,000

$ 10,000

$

5,000

$ 20,000

$ 10,000 $ 25,000

$ 75,000

804

JOURNAL OF THE HOUSE

Athens/Clarke County
Athens/Clarke County Athens/Clarke County Athens/Clarke County Atkinson County Board
of Education City of Atlanta City of Atlanta City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta Board
of Education City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta
City of Augusta City of Augusta City of Augusta
City of Augusta
City of Augusta City of Augusta

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 the NE Georgia Food Bank
in Athens/Clarke County Purchase band uniforms and lighting
at Atkinson County Schools Operate Atlanta Consultant Aftercare
Georgia Prison and Parole Task Force Operation of Georgia Soccer Foundation Operate Paradise Baptist Church after
school program in Atlanta Operating funds for the School of
Library and Information Programs at Clarke-Atlanta University 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 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 Operating funds for Community Care (Kids in Juvenile Care) in Fulton County Operation of child advocacy center in Augusta Promote tourism and development in the City of Augusta Construct fields and install additional lighting at Master City Little League Operation of the "Shirley Bladke Burn Retreat" at the Southeastern Firefighters Burn Foundation in Augusta Operation of the Augusta Clean and Beautiful Program Purchase equipmentAnstall lighting at West Augusta Little League

$ 10,000 $ 10,000 $ 10,000 $ 25,000 $ 20,000 $ 30,000 $ 30,000 $ 25,000
$ 500,000 $ 15,000 $ 25,000 $ 20,000 $ 50,000 $ 25,000
$ 50,000 $ 50,000
$ 50,000
$ 20,000 $ 40,000 $ 10,000,000
$ 15,000
$ 55,000 $ 20,000 $ 15,000

MONDAY, FEBRUARY 14, 2000

Augusta/Richmond County
Augusta/Richmond County Board of Education
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Bacon County
City of Baconton City of Bainbridge Baker County Baldwin County
Baldwin County Baldwin County Baldwin County Board
of Education Baldwin County Board
of Education
Baldwin County
Banks County City of Barnesville

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
Operation of Augusta-Richmond County Fire Rescue Safety House
Installation of a therapeutic whirlpool at Belle Terrace Swim CenterAugusta Recreation and Parks Department
Operating funds for Augusta Youth Center
Operate the Augusta/Richmond County Museum
Restoration and equipment in VFW Building and Masonic Lodge in Bacon County
Improvements to public water delivery service in Baconton
Construct the Southwest Georgia Welcome Center in Bainbridge
Provide funds for site preparation for Baker Elementary School
Develop master plan for Georgia College and State University campus in Baldwin County
Operation of Oconee Prevention Resource Council Inc. in Baldwin
Purchase fireboat for Baldwin County Fire Department
Operation of STAR program in Baldwin County Schools
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
Micro-filming of records in Banks County Purchase automated external
defibrillators and an air respiration system for City of Barnesville

805

$ 37,000

$ 30,000 $ 10,000

$

5,000

$ 25,000

$

5,000

$

5,000

$ 10,000

$ 1,554,600

$ 25,000

$ 10,000 $ 10,000 $ 35,000 $ 25,000

$ 25,000
$ 10,000 $ 20,000

$ 15,000

806
Barrow County Barrow County Bartow County Bartow County Bartow County
Bartow County Ben Hill County
Ben Hill County City of Berlin Berrien County Berrien County Berrien County Board
of Education Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County City of Blackshear City of Blakely City of Blakely Bleckley County

JOURNAL OF THE HOUSE
Operation of Peace Place Inc. Shelter for battered women in Barrow County
Renovate Peace Place, Inc., a battered women's shelter in Barrow County
Operation of child advocacy center in Bartow County
Purchase equipment for Folsom Fire Station in Bartow County
Purchase equipment for Pine Log Volunteer Fire Department in Bartow County
Replace vehicle Bartow County transportation of retarded children
Restoration on e-wing of building and air conditioning for after school learning center in Ben Hill County
Improvements to Ben Hill County landing Roof repair on community center in
Berlin Purchase equipment for livestock
show barn in Berrien County Purchase computer system for the
Berrien County Sheriff Department Purchase band instruments for Berrien
County High School Operation of the Lighthouse Mission in
Bibb 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 Develop recreation property for
South Bibb County 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 band uniforms for Central High
School in Bibb County Purchase equipment and improvements to
Old Depot Building in Blackshear Renovation of gym in Blakely Replace water lines and fire hydrants
in the City of Blakely Operating funds for Bleckley
Fire Department

$ 15,000 $ 10,000 $ 40,000 $ 25,000

$ 25,000 $ 75,000

$ 10,000 $ 15,000

$

5,000

$ 10,000

$ 25,000

$ 10,000

$ 100,000

$ 75,000

$ 15,000

$ 30,000

$ 50,000

$ 50,000

$ 40,000

$ 15,000

$ 25,000

$ 15,000

$ 15,000

$ 10,000

$

5,000

$ 15,000

$ 20,000

$ 15,000

MONDAY, FEBRUARY 14, 2000

City of Bloomingdale
City of Boston
City of Bowersville Brantley County City of Bremen City of Bremen Brooks County Brooks County City of Broxton City of Brunswick City of Brunswick City of Brunswick Bryan County Board
of Education Bryan County Board
of Education Bryan County City of Buchanan Bulloch County
Butts County Butts County
City of Byron City of Byron City of Byron City of Cadwell Calhoun County Board
of Education City of Cairo Camden County City of Camilla

Repairs and equipment for softball and baseball fields in Bloomingdale
Renovate library to be used as multi-purpose community center in Boston
Enhancement to city infrastructure in Bowersville
Operating expenses for constituent services program in Brantley County
Operating expenses for Bremen Schools Operating expenses for Bremen
recreation facility Renovate community center in Simmon
Hill, Brooks County Construct Tallokas Community Fire House
in Brooks County Rehabilitation of city hall in Broxton Replace recreation equipment in
Goodyear Park, City of Brunswick Replace recreation equipment in College
Park, City of Brunswick Construct a permanent location at City
Dock for area shrimpers in Brunswick Purchase uniforms, equipment, and
supplies for Bryan County athletic teams For school activities by Bryan High School Booster Club and Hendrix Park Expansion Purchase equipment for emergency fire vehicle in Bryan County Operating expenses for Buchanan recreation facility Construct restroom building adjacent to soccer complex at Mill Creek Park, Statesboro in Bulloch County Purchase equipment for the Butts County Fire Department Purchase equipment, renovate playground, and repair tennis courts in Butts County Develop downtown park in City of Byron Operation of a city park in Byron Purchase equipment and improvements for Byron City Park Operating funds for City of Cadwell Resurface track at Calhoun County High School Repairs to Roddenberry Memorial Library in Cairo Operation of Risk Watch Program at the Camden County Fire Rescue Unit Improvements to a recreational complex in Camilla

807
10,000
20,000 10,000 5,000 50,000 15,000 10,000 12,000 5,000 20,000 20,000 10,000
15,000
50,000 10,000 15,000
10,000 30,000
15,000 50,000 10,000 5,000 10,000 10,000 10,000 90,528 25,000

808 Candler County
City of Canon City of Carnesville City of Cartersville City of Cave Spring City of Cave Springs City of Cecil City of Cedartown City of Centerville City of Centerville/
Houston County City of Chamblee City of Chamblee
Charlton County Charlton County Chatham County Chatham County Chatham County Chatham County Chatham County Chatham County Chatham County
Chatham County
Chatham County Chatham County Chattahoochee Board
of Education

JOURNAL OF THE HOUSE

Purchase equipment and supplies for the

communications center in Candler

County

$ 10,000

Operating funds and equipment at Canon

City Community Center

$ 15,000

Construction on Carnesville recreational

complex

$ 25,000

Operation of recreation facility in the

City of Cartersville

$ 25,000

Purchase water pump for water

system in Cave Spring

$ 25,000

Repair roof for Georgia School

for the Deaf

$ 25,000

Purchase fire fighting equipment for

volunteer fire department in Cecil

$

7,500

Operation of recreation facility in the

City of Cedartown

$ 25,000

Operating funds for the Senior Citizen

Building in Centerville

$ 25,000

Operating expenses for

Centerville/Houston County

Fire Department

$ 25,000

Improvements to computers at Elaine

Clarke Center in City of Chamblee

$ 15,000

Operation of a multi-use recreational

facility in the City

of Chamblee

$ 20,000

Repairs and maintenance of county

buildings in Charlton County

$

5,000

Purchase radio communication equipment

for Southern Charlton County

$ 25,000

Construct firing range at Armstrong

State University in Chatham County

$ 25,000

Operation of Historic Lucas Theater

in Chatham County

$ 50,000

Operating funds for the Roundhouse

Center Complex in Chatham County

$ 100,000

Operating funds for Bamboo Farm and

Coastal Gardens in Chatham County

$ 25,000

Outdoor Kiosk-Highway 21 to 1-95

in Chatham County

$ 10,000

Repairs for Cooper Center in Garden City

$

5,000

Repairs and improvements to the

Oglethorpe Academy in City of Savannah/

Chatham County

$ 45,000

Operation of the Eighth Air Force Museum

"Women in Aviation" Exhibit in

Chatham County

$ 50,000

Operation of the Mighty Eighth Air Force

Museum in Chatham County

$ 100,000

Purchase van for Frank Callen Boys &

Girls Club in Chatham County

$ 30,000

Purchase equipment and supplies for the

Chattahoochee Board

of Education

$ 50,000

MONDAY, FEBRUARY 14, 2000

Chattooga County
Chattooga County Chattooga County Board
of Education City of Chester City of Chickamauga Clarke County Clay County Clay County Clay County Clayton County Board
of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County
Clayton County
Clayton County Board of Education
Clayton County
Clayton County

Improvements to the water line at Chattooga County Cloudland Water System
Purchase 'Jaws of Life' for Gore Fire Department in Chattooga County
Construct a computer technology shop for for Chattooga High School in Chattooga County
Establish a Chester City Police Department
Historic preservation and paving in Chickamauga
Operation of Strong Day Recovery Residence in Clarke County
Operation of the Clay County EMS/ ambulance services
Planning funds for the Clay County Airport
Operating expenses for EMS/ambulance services in Clay County
$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 for Pointe South Middle, North Clayton Middle, Riverdale Middle, and Riverdale High School
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 and projection device for Kemp Elementary in Clayton County
Calvary Refuge Center - operation of emergency shelter and refuge center for misplaced persons in Clayton County
Reynolds Nature preserve - park development/enhancements in Clayton County
Purchase safety cameras for school buses in Clayton County
Forest Park Athletic Complex - remodel concession stand and purchase equipment in Clayton County
Construct child care center for Youth Empowerment Project in Clayton County

809
50,000 10,000
37,000 5,000 15,000 10,000
20,000
15,000 10,000

$ 75,000

$

7,500

$

7,500

$ 12,000

$ 10,000

$

30,000

$ 60,000 $ 10,000

$

25,000

$

40,000

810
Clayton County
Clayton County
City of Climax
Clinch County
Clinch County
Cobb County
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County
Cobb County Board of Education
Cobb County
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County
City of Cobbtown City of Cochran Coffee County
Coffee County
Coffee County
Coffee County Board of Education

JOURNAL OF THE HOUSE

Operation of the Arts Clayton, Inc.

in Clayton County

$

Operation of the Alzheimer's Support

Services in Clayton County

$

Purchase fire equipment in City of

Climax

$

Operation of Bridges of Hope in Clinch

County

$

Renovate/install canopy at Clinch County

Recreation Park

$

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

$

Purchase equipment and renovate North

Cobb High School stadium

$

Purchase of two sousaphones for North

Cobb High School

$

Brumby Elementary School- Provide

covered walkways and landscape in Cobb

County

$

Teasley Elementary School - Provide

wiring upgrades and covered walkways

in Cobb County

$

Expansion of the Cobb County Youth

Museum, Inc.

$

Sprayberry High School- build

field house in Cobb County

$

Purchase/install lights for Clarksdale

Village Baseball Fields (Southwest

Baseball Association, Inc.) in

Cobb County

$

Construction of multi-purpose outdoor

classroom at Pope High School in

Cobb County

$

Construct an athletic facility for

Campbell High School in Cobb County

$

Purchase musical instruments and computer

equipment for Autry Middle School in

Cobb County

$

Operation of the Cobb County

Collaborative

$

Upgrade softball field in Cobbtown

$

Operating funds for Cochran Arts Center

$

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

$

25,000 50,000
5,000 10,000 5,000
20,000 25,000 15,000 10,000
5,000
10,000
10,000 25,000 35,000
15,000
50,000 20,000
3,000 20,000
5,000 10,000 5,000 5,000
10,000 10,000

MONDAY, FEBRUARY 14, 2000

Coffee County Board of Education
City of Colquitt
Colquitt 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
Columbia County
Columbia County Board of Education
Columbia County Board of Education
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County

Purchase Coffee County High School PA System
Planning, design and renovation of historic building in City of Colquitt
Purchase turnout gear for the Colquitt County Volunteer Fire Department
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 Sheriff's Department Purchase air packs and equipment
for Appling Volunteer Fire Department in Columbia County Purchase safety lighting for baseball field at Greenbriar High School in Columbia County Landscape, erosion control and improvements to playground at Blue Ridge Elementary in Columbia County Operation of foreign language program in Columbia County schools Playground improvements at South Columbia Elementary 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 Operation of the "Veterans Life Action Center" in Muscogee Operation of the Columbus Community Center Outreach Program in Columbus/ Muscogee County 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 Operate the Play and Learn Together Program in Columbus/Muscogee County

811

$

1,500

$ 10,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 10,000

$ 10,000

$ 25,000

$

5,000

$ 50,000

$

5,000

$

5,000

$

5,000

$ 20,000

$ 20,000

$ 25,000

$ 25,000

$ 25,000

$ 15,000 $ 35,000 $ 50,000

$ 100,000 $ 25,000 $ 15,000

812

JOURNAL OF THE HOUSE

Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
City of Columbus City of Columbus
City of Columbus City of Columbus City of Columbus City of Commerce Board
of Education City of Concord City of Conyers Cook County Board
of Education Coweta County
Coweta County Crawford County Crisp County City of Cuthbert
City of Dallas City of Dalton City of Dalton City of Danville City of Darien
City of Darien City of Dawson

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
Columbus Youth Network outreach program for disadvantaged youth in Columbus/Muscogee 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
Operation of Easter Seals Program of West Georgia in Columbus
Operating funds for Outreach ProgramBoys Club of Columbus, Inc
Purchase/install heating and cooling unit for Commerce High School gym
Water system improvements in Concord Development of Big Haynes Creek
Nature Center Pave sidewalk at Cook County Middle
School along Elm Street Construct the Coweta Central Education
Center for a Governor's Education and Reform Study Commission (GERSC) pilot project Equip Senior Center rooms in Newnan/Coweta County Operation of Crawford County Recycling Center Operating funds for the Arts Alliance in Crisp County Cuthbert Housing Authority- Construct an assisted living and Alzheimer facility in Cuthbert Renovations to the Dallas Theater and Civic Complex Operation of the Northwest Georgia Girls Home Operation of Northwest Georgia Girl's Home in Dalton Repairs and equipment for the Danville Police Department Purchase computer equipment for Mclntosh County Sheriffs' Department in Darien Repairs to Fort King George Quarters Barrack in Darien Install central air and heating at Carnegie Library in Dawson

$ 25,000 $ 20,000 $ 25,000
$ 15,000 $ 100,000
$ 25,000 $ 100,000 $ 40,000 $ 120,000 $ 20,000 $ 10,000 $ 50,000 $ 50,000

$ 6,750,000 $ 10,000 $ 15,000 $ 10,000

$ 10,000 $ 100,000 $ 20,000 $ 25,000 $ 50,000

$

5,000

$ 25,000

$ 30,000

MONDAY, FEBRUARY 14, 2000

City of Dawson City of Dealing
City of Decatur DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County Board of Education DeKalb County Board
of Education DeKalb County DeKalb County DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County Board of Education
DeKalb County DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education
DeKalb County

Renovation of downtown building by

Dawson Downtown Development Authority $

Operation of the Center for Applied

Nursery Research in the City of

Dealing

$

Repair of sidewalk in City of Decatur

$

Design and construction for DeKalb

County Children's Shelter for two

therapeutic group homes

$

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

$

Make improvements to the Briarwood

Recreation Center and grounds 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

$

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

$

Operation of the Senior Connection

in DeKalb County

$

Develop master plan for Dresden

Park in DeKalb County

$

Operation of Scottdale Child Development

& Family Resources Center of

Central DeKalb

$

Stone Mountain Middle School for

purchase of marquee in DeKalb 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 Changed Living Recovery

Residence, Inc. in DeKalb County

$

Operate Youth Vision Industry

Business Empowerment, Inc.

$

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

$

Beautification projects in DeKalb County

$

813
50,000
20,000 12,000
38,000
10,000 25,000
10,000
10,000
25,000 10,000
12,000 13,000 2,000 20,000
20,000 5,000
25,000
10,000 25,000 40,000
5,000
10,000 10,000

814 DeKalb County Board
of Education DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education DeKalb County
DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County
DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County

JOURNAL OF THE HOUSE
Beautification project at Glenhaven Elementary in DeKalb County
Contract for services from Operation Dignity in DeKalb County
Operation of neighborhood after school programs in DeKalb County
Purchase school supplies for Decatur Arts Academy
Purchase of equipment and supplies for DeKalb County Sheriff Reserve
Clarkston Community Center Foundation for Old Clarkston High renovations in DeKalb 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
Wilshire Condo Association-security lighting, replace street signs and playground improvements in DeKalb County
Wade-Walker Park - repairs and operations in DeKalb 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
Operation of The Legacy Program in DeKalb County for the Decatur Chapter of 100 Black Women, Inc.
Make improvements to and purchase program equipment and materials for Mark Trail Recreation Center
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
Operation of Safe Haven program in DeKalb County

$

5,000

$ 15,000

$ 15,000

$

2,000

$

2,000

$ 25,000 $ 75,000 $ 25,000

$

6,000

$

8,000

$

7,500

$

7,500

$ 10,000 $ 30,000 $ 25,000
$ 75,000 $ 25,000 $ 10,000
$ 50,000
$ 25,000 $ 40,000 $ 35,000 $ 25,000 $ 50,000

MONDAY, FEBRUARY 14, 2000

DeKalb County City of Dexter City of Dillard Dodge County Dodge County City of Donaldsville Dooly County Dougherty County
Dougherty County Dougherty County Dougherty County Dougherty County Douglas County Douglas County Douglas County Board
of Education Douglas County Board
of Education City of Douglas City of Douglas City of Dublin City of Dublin City of Dudley City of Duluth City of East Dublin City of East Point
City of East Point City of Eastman Echols County

Operation of the Legacy Program in DeKalb County
Upgrade of technology in Dexter Renovation of school building in Dillard Improvements to facilities at Eastman/
Dodge County Recreation Department Operating funds for Eastman Dodge
County Development Authority Purchase equipment for the Donaldsville
City Fire Department Purchase/install elevator at the
Dooly County Courthouse 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 Provide for a feasibility study for Dougherty County recreation facility Promote Flint River Tourism in Dougherty County Operation of Lithia Springs Library in Douglas County Purchase equipment for Lithia Springs Library in Douglas County Equipment for integrated info systems technology lab at Lithia Springs High School in Douglas County Purchase equipment for Lithia Springs High School in Douglas County Purchase HAZMAT Trailer for Douglas Fire Department Renovation and concession stand for Wheeler Park in Douglas Monument to public safety officers in Dublin Relocate utilities for road improvements in Dublin Water and sewer upgrades for Dudley Elementary School Construct a community center for Taylor Park in Duluth Relocate water and sewers in East Dublin Transportation for therapeutic recreation program participants in East Point Operation of project to identify behavioral problems in East Point Operating funds for Magnolia Theater in Eastman Renovate recreation building in Statenville, Echols County

815
10,000 15,000 35,000 5,000 25,000 10,000 100,000

$ 10,000

$ 25,000

$ 10,000

$ 90,000

$ 150,000

$ 25,000

$

5,000

25,000 10,000 5,000 5,000 10,000 10,000 15,000 60,000 15,000

50,000 30,000 10,000 40,000

816

JOURNAL OF THE HOUSE

Effingham County Board of Education
Effingham County
City of Doerun
Effingham County
Elbert County Elbert County
Elbert County
Elbert County
Emanuel County
Emanuel County Board of Education
Emanuel County
Emanuel County
Emanuel County City of Emerson
City of Enigma
City of Euharlee
Fannin County
Fannin County
City of Fargo
City of Fargo
Fayette County Board of Education
City of Fitzgerald
Floyd County Board of Education
Floyd County Board of Education
City of Folkston City of Ft. Gaines
City of Fort Oglethorpe
City of Fort Valley

Renovation of Old Ebenezer One-Room School in Effingham County
Improve Jaycee Park in Rincon, Effingham County
Upgrade and maintenance at recreation facility in Doerun
Purchase fire fighting equipment for Sand Hill Fire Department in Effingham County
Elbert County Airport improvements Renovate Elberton Arts Theater in
Elbert County Construct facilities at William
Recreation Park in Elbert County Replace worn out band instruments -
Elbert County High School Purchase equipment for Emanuel
County Library Purchase band uniforms for Emanuel
County Institute Band Operation of the East Georgia
Health Cooperative in Emanuel County Repairs/renovation of Emanuel County
Arts Council facility Operating funds for Emanuel County Improvements to recreation facility in
the City of Emerson Purchase fire fighting equipment for
volunteer fire department in City of Enigma Operation of recreation facility in the City of Euharlee Renovation and repair of Fannin County Courthouse Renovation of the Epworth Community Center Partial re-roofing and renovation of school building in Fargo Renovate Old Fargo Elementary School building Purchase security fence for playground Kedron Elementary in Fayette County Construct an American Legion Memorial in City of Fitzgerald Operate Children Helping Children in elementary schools of Rome, Floyd County Purchase band uniforms for Pepperell High School in Floyd County Promotion of tourism in Folkston Renovation of senior citizen building in Fort Gaines Purchase fire department equipment and downtown development in Fort Oglethorpe
Purchase of new streetlights for downtown area in Fort Valley

$ 10,000

$

8,000

$ 10,000

$ 10,000 $ 32,000

$ 25,000

$ 50,000

$

3,000

$ 10,000

$ 10,000

$ 75,000

$ 15,000 $ 38,000

$ 15,000

$

7,500

$ 15,000

$

5,000

$ 10,000

$ 20,000

$ 100,000

$ 20,000

$ 10,000

$ 25,000

$ 25,000

$

2,500

$ 10,000

$ 10,000 $ 50,000

City of Fort Valley
Franklin County Franklin County City of Franklin
Springs Fulton County Fulton County
Fulton County
Fulton County Board of Education
Fulton County Fulton County Fulton County Fulton County Fulton County
Fulton County Board of Education
Fulton County Fulton County Fulton County Fulton County
Fulton County Fulton County
Fulton County City of Funston City of Gainesville City of Gainesville City of Garden City

MONDAY, FEBRUARY 14, 2000

817

Repair roof for theater project

at the Fort Valley Downtown

Development Authority

$ 10,000

Purchase equipment for Gumlog Volunteer

Fire Department in Franklin County

$ 10,000

Construction of county recreation park

in Franklin County

$ 15,000

Emergency repair to city water/

sewer system in Franklin Springs

$ 15,000

Operating funds for Atlanta Fulton

Action Agency

$ 30,000

Operation of the Council on Minority

Health and Education of Metropolitan

Atlanta, Inc

$ 50,000

Renovation and purchase of equipment

for Autry Mill Nature Preserve in

Fulton County

$

5,000

Purchase novel sets for Centennial

High School in Fulton County

$ 10,000

Operation of the Promise Children's

Home, Inc. in Fulton County

$ 20,000

Operation of A.U.D.I.E.N.C.E.

in Fulton County

$ 75,000

Operation of Kidsgym USA,

Inc. in Fulton County

$ 50,000

Operate Project Prevent through Emory

University in Fulton County

$ 25,000

Operate My House emergency shelter

through Emory University in

Fulton County

$ 25,000

Construction and equip an arboretum

outdoor classroom at Dolvin

Elementary in Fulton County

$ 20,000

Operating funds for Atlanta Fulton

Action Agency

$ 50,000

Restoration and repairs to Williams-

Payne Museum building in Fulton County $ 40,000

Operating funds for the Southwest

Hospital in Fulton County

$ 100,000

St. Paul's Golden Age Center-for

equipment, operations and staff

training in Fulton County

$ 25,000

Operation of the Carrie Steele-Pitts

Home in Fulton County

$ 25,000

Renovations to the Southwest Community

Hospital to make ADA

compliant in Fulton County

$ 50,000

Operation of Georgia Coalition of

Black Women internship in Fulton

$ 30,000

Purchase office equipment and

computers for City of Funston

$

5,000

Purchase, plan and develop neighborhood

park in Gainesville

$ 40,000

Purchase playground equipment for south

side community in Gainesville

$ 10,000

Renovate gym to multipurpose

center in Garden City

$ 10,000

818

JOURNAL OF THE HOUSE

Georgia Mountain RDC Operation of Boys and Girls Clubs

in Georgia Mountain RDC

$

Georgia Mountain RDC Construct a teaching facility for

Elachee Nature Science Center

for Georgia Mountain RDC

$

City of Gibson

Purchase of computer and software for

the Gibson Police Department

$

Gilmer County

Purchase a Class A fire truck

for Gilmer County

$

Glascock County

Construction of an auxiliary fire

station in Glascock County

$

Glascock County

Purchase a police car for the Glascock

Sheriff Department

$

City of Glennville

Glennville Recreation Department -

construct storage facility

addition and purchase playground

equipment

$

Glynn County

Improvements and repairs to Epworth

and Thalmann Parks in Glynn County

$

Glynn County

Renovate and purchase computer equipment

for St. Simons Island Library

in Glynn County

$

Glynn County Board

Purchase air conditioning at the

of Education

Glynn Academy High School

$

Glynn County

Operation of the Speech, Hearing

and Rehabilitation of Coastal Georgia,

Inc. in Glynn County

$

Grady County

Show barn and livestock facility

improvements in Grady County

$

City of Gray

Rebuild and repaint fire equipment

for Gray Fire Department

$

Greene County

Restoration of the historic Dr.

Calvin M. Baber House in Greene County $

Greene County

Restoration of historic Greensboro

Gymnasium in Greene County

$

Greene County

Repair and recarpet the Greene County

Library

$

Greene County

Purchase land to develop a

recreation complex in Greene County

$

City of Grovetown

Renovation of Grovetown Community Center $

City of Guyton

Purchase trailer mounted aerial

lift in Guyton

$

City of Guyton

Purchase playground equipment for

City of Guyton

$

Gwinnett County Board Construct a stadium facility at South

of Education

Gwinnett High School

$

Gwinnett County Board Stadium renovation for South Gwinnett

of Education

High School

$

Gwinnett County Board Purchase equipment for Berkmar Diamond

of Education

Booster Club at Berkmar High

School in Gwinnett County

$

Gwinnett County Board Improvements to athletic

of Education

facilities at Shiloh High School

in Gwinnett County

$

Gwinnett County Board Restoration of 1890 school house in

of Education

Gwinnett County

$

10,000
5,000 7,500 10,000 10,000 10,000
10,000 20,000
20,000 25,000
25,000 25,000 15,000
2,500 7,500 20,000 30,000 5,000 10,000 10,000 75,000 15,000
25,000
25,000 25,000

MONDAY, FEBRUARY 14, 2000

819

Gwinnett County

Norcross High School trip to

Washington DC (Gwinnett County)

$ 20,000

Gwinnett County Board Purchase educational materials and

of Education

equipment for Rockbridge Elementary

in Gwinnett County Schools

$ 25,000

Gwinnett County Board Playground repair, enhancement and

of Education

equipment and math intervention

program materials for Nesbit

Elementary School in Gwinnett County

$ 25,000

Gwinnett County Board Travel expenses for Norcross High School

of Education

Band in Gwinnett County

$ 10,000

Gwinnett County

Install lighting, renovate concessions

and other improvements to the Lilburn/

Greater Gwinnett Athletic Association/

Lions Club Park

$ 25,000

Gwinnett County Board Construct football stadium at Collins

of Education

Hill High School in Gwinnett County

$ 40,000

Gwinnett County Board Renovate football stadium at Dacula

of Education

High School

$ 50,000

Gwinnett County Board Purchase and install lights at Dacula

of Education

High School baseball field

$ 35,000

Gwinnett County Board Improvements to fields and equipment

of Education

at Berkmar High School in Gwinnett

County

$ 50,000

Hall County Board

Improvements to athletic field at

of Education

Johnson High School in Hall County

$ 20,000

Hall County Board

Construct an awning to bus loading area

of Education

at Flowery Branch Elementary School

in Hall County

$ 10,000

Hall County

Develop nature preserve programs at

Elachee Nature Science Center

$ 10,000

Hall County

Salvation Army Camp

$

5,000

City of Hampton

Renovation of Hampton City Hall

$ 10,000

City of Hapeville

Renovations to Hapeville city pool

$ 50,000

Haralson County

Operating expenses for Haralson

County Schools

$ 50,000

Haralson County

Operating expenses for Blooming Grove

Fire Department

$ 15,000

City of Harrison

Completion of a park in City of Harrison

$ 25,000

Hart County Board

Hart County High School - renovation

of Education

and construction at recreation complex

$ 15,000

City of Hawkinsville

Maintenance and operation of M.E.

Roden Memorial Library in Hawkinsville $ 10,000

City of Hawkinsville

Feasibility study for river front

improvements in City of Hawkinsville

$ 50,000

Heard County

Construct a solid waste convenience

center in Heard County

$ 50,000

Heard County Board

Purchase field lights for baseball

of Education

field at Heard County High School

$ 15,000

Heard County

Purchase lights for Riverside Park in

Franklin and create a new ballpark

and playground

$ 15,000

Heard County

Provide water and electricity to

Brush Creek Park in Heard County

$ 10,000

City of Hiawassee

Renovate and roof historic Hiawassee

City Hall

$ 25,000

820

JOURNAL OF THE HOUSE

Henry County

Purchase cameras for the Henry

County Police Department

$ 45,000

Henry County

Build entrance, drainage and

practice fields-Moseley Park,

Stockbridge in Henry County

$ 10,000

Henry County Board

Purchase/install lighting system for

of Education

women's softball field at Eagles

Landing High School in Henry County

$ 10,000

Henry County Board

Purchase/install lighting system

of Education

for women's softball field at

Henry County High School

$ 10,000

City of Hoboken

Construct a veterans memorial in Hoboken $

5,000

City of Hogansville

Purchase/construct sanitary sewage

pump station in Hogansville

$ 75,000

City of Homeland

Operating expenses and equipment for

the Homeland Police Department

$

2,500

Houston County

Operating funds for the Houston

County Arts Alliance

$ 25,000

Houston County Board Purchase equipment for vocation lab

of Education

in Houston County schools

$ 15,000

Irwin County

Repair and renovation work to

Irwin County Courthouse

$ 15,000

Irwin County

Repair and restoration of monument on

courthouse square in Irwin County

$

5,000

Irwin County Board

Purchase of equipment for Irwin County

of Education

High Marching Band

$

5,000

Irwin County Board

Purchase band uniforms for Irwin

of Education

County High School

$ 20,000

Jackson County

Construct a horticultural building

in Jackson County

$ 18,000

City of Jacksonville

Operating funds for Jacksonville

Fire Department

$

5,000

Jasper County

Improvements to Rose Bowl Field

for Jasper County

$ 10,000

Jeff Davis County

Operating funds for the recreation

facility in Jeff Davis County

$ 10,000

Jeff Davis County

Purchase high school ball field

Board of Education

lights in Jeff Davis County

Schools

$ 50,000

City of Jefferson

Construction of the City of

Jefferson Fire Station

$ 10,000

Jefferson County

Purchase equipment for Jefferson

County Sheriff Department

$ 20,000

Jefferson County

Completion of park project in

Jefferson County

$ 50,000

Jenkins County

Jenkins County Development Authority-

renovate train depot in Millen

$ 20,000

Jenkins County

Construct addition to Agriculture

Center in Jenkins County

$

5,000

Jenkins County

Repairs to depot/museum chamber office

in Jenkins County

$

5,000

City of Jesup

Senior Citizen facility repairs in Jesup

$ 10,000

Johnson County Board Construct multi-purpose facility

of Education

in Johnson County Schools

$ 25,000

Johnson County

Repair pumper truck and equipment

for the Scott Volunteer Fire

Department in Johnson County

$

2,500

MONDAY, FEBRUARY 14, 2000

821

Johnson County

Purchase well, pump and equipment

for the Buckeye Volunteer Fire

Department in Johnson County

$

2,500

Johnson County Board Construct multi-purpose facility for

of Education

Johnson County schools

$ 25,000

Jones County

Operation of Boys and Girls

Clubs in Jones County

$ 10,000

City of Kennesaw

Expansion and renovation of facility

at Kennesaw Civil War Museum

$ 25,000

City of Keysville

Complete the construction of the

Keysville Human Development Center

$ 35,750

City of Kingston

Sewage project in City of Kingston

$ 31,000

City of Kingsland

Construct/operate animal control

shelter in City of Kingsland

$ 25,000

City of Kite

Renovation and repair of community

center in City of Kite

$

5,000

City of LaFayette

Purchase police vehicle cameras

for LaFayette Police Department

$ 25,000

Lake City

Improvements to park in Lake City

$ 10,000

Lamar County

Equipment and improvements for Redbone

Volunteer Fire Department

in Lamar County

$

5,000

Lamar County

Lamar County Agricultural Authority-

Construct a show facility

$ 50,000

Lanier County Board Construct press box and dressing

of Education

room for football stadium in

Lanier County

$ 25,000

Laurens County Board Planning for joint school auditorium

of Education

in Laurens County

$ 10,000

Laurens County

Operating funds for Cedar Grove

$ 10,000

City of Lavonia

Development of city park and playing

field in Lavonia

$ 15,000

Lee County

Install lighting at Lee County

Dixie Youth Baseball fields

$ 16,000

Lee County

Provide and improve lights at

Lee County Pee Wee and Pony

League Fields

$ 40,000

Lee County Board

Improvements to irrigation system

of Education

on athletic fields at Lee County

Schools

$ 25,000

Lee County

Promote economic development at Lake

Blackshear in Lee County

$ 40,000

Liberty County

Fleming Volunteer Fire Department

equipment purchase in Liberty County

$

5,000

Liberty County

Purchase equipment for Walthourville

Fire Department in Liberty County

$ 10,000

Liberty County Board Repair and renovation at alternative

of Education

school/psycho-ed center in

Hinesville, Liberty County

$ 25,000

Liberty County

Operation of the Alzheimer respite

care facility in Liberty County

$ 25,000

Liberty County

Purchase medical supplies for Coastal

Medical Clinic in Liberty County

$ 17,000

Liberty County

Install water and restrooms at

Seabrook Village Foundation in

Liberty County

$ 20,000

822 City of Lilburn
Lincoln County Lincoln County Lincoln County City of Locust Grove
Lowndes County Lowndes County Board
of Education Lowndes County
Lowndes County
Lowndes County Long County City of Ludowici Lumpkin County
City of Lyons
City of Lyons City of Macon City of Macon Macon County City of Macon City of Macon Madison County Board
of Education City of Madison City of Manchester City of Manchester
City of Marietta City of Marietta

JOURNAL OF THE HOUSE

Renovation and equipment Greater

Gwinnett Athletic Association

Lions Club Park in Lilburn

$

Purchase pagers and light turnout

gear for Lincoln County Rescue

$

Purchase equipment for Midway Volunteer

Fire Department in Lincoln County

$

Purchase equipment for Lincoln County

Office of Emergency Services

$

Purchase investigative equipment

for police department and recreation

improvements for City of Locust Grove

$

Construct North Lowndes County

Fire Station

$

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

$

Construct a facility at Southside

Community Center in Lowndes County

$

Operating expenses for Long County

$

Police and fire departments

upgrades in Ludowici

$

Purchase fencing and lighting

for public swimming pool in

City of Dahlonega, Lumpkin County

$

Recreation Department to retire

outstanding debt on community center

in City of Lyons

$

Operation of the recreation

department in Lyons

$

Purchase Police Athletic League

equipment in City of Macon

$

Purchase/construct a recreation/

sports facility in Macon

$

Increase seating capacity in

Macon County school stadium

$

Operate the Douglas Theater

in the City of Macon

$

Operation of the Tubman Museum in Macon $

Construct multipurpose recreation park

for Madison County Board of Education

$

Operation of the Madison Cultural Center $

Purchase/install street lights

for community building in Manchester

$

Transfer/removal of overhead

power lines in downtown Manchester

County

$

Operation of the Wellstar Hospice

Program in Cobb County

$

Repair of pre-Civil War cannon

through the Marietta Museum of History $

15,000 5,000 5,000 10,000
9,000 25,000 25,000
15,000
10,000 65,000 150,000 10,000
5,000
20,000 5,000 15,000 45,000 100,000 100,000 25,000 25,000 2,000 40,000
50,000 50,000 10,000

MONDAY, FEBRUARY 14, 2000

City of Marietta
City of Marietta Board of Education
Marion County Board of Education
City of McCaysville
City of McCaysville City of McCaysville City of McCaysville McDuffie County Board
of Education
McDuffie County Board of Education
McDuffie County Board of Education
Mclntosh County
City of McRae
Meriwether County Board of Education
Meriwether County
City of Metter
City of Milledgeville
City of Millen
Miller County
City of Milner
Mitchell County
Monroe County
Monroe County
Monroe County
City of Montezuma
City of Monticello
City of Morrow City of Moultrie

Operating funds for the Marietta Museum of History
Playground enhancements at five elementary schools in Marietta
Construct track at football field for Marion County Schools
Build and furnish public restrooms in McCaysville
Renovate city park in McCaysville Study downtown parking in McCaysville Furnish new City Hall in McCaysville Restoration of Bowden-Johnson
Home McDuffie County Historical Society Purchase equipment for new band facility for the Thomson High School Band Purchase computer hardware, software and cable for the Thomson High School band room Construct multi-purpose facility in Mclntosh County Operating funds for McRae/Helena South Georgia Auditorium Operating funds for the recreation facility at Greenville High School in Meriwether County Construct solid waste compactor/ convenience center in Meriwether Purchase emergency generators for the City of Metter Operation of the Milledgeville Local Welcome Center Correct water drainage problem at recreation complex in Millen Construct fire station #4 in Miller County Renovate, enhance and equip City Park of Milner Operating funds and equipment for volunteer fire departments in Mitchell County Construction of bleachers for Monroe County Horse/Livestock Arena Construction of a building at multi-purpose field in Monroe County Construction of dugouts at softball fields in Monroe County Provide downtown parking spaces for City of Montezuma Municipal park construction/ improvements at Funderburg Park in Monticello Improvements to park in City of Morrow Repair facilities in the City of Moultrie

823

$ 15,000
$ 25,000
$ 30,000
$ 10,000 $ 10,000 $ 10,000 $ 10,000

$ 10,000

$ 10,000

$

6,500

$ 35,000

$ 10,000

$ 25,000

$ 75,000

$ 15,000

$ 10,000

$

5,000

$ 15,000

$ 10,000

$ 25,000 $ 20,000

$ 10,000 $ 25,000 $ 45,000

$ 15,000 $ 15,000
$ 20,000

824

JOURNAL OF THE HOUSE

City of Moultrie

Upgrade kitchen facilities at

SOWEGA Community Action Council

$

City of Mt. Vernon

Construct park in City of Mt. Vernon

$

City of Mountain City Construct sewer extension in

Mountain City

$

City of Mountain Park Engineering study on Garrett Lake

in City of Mountain Park

$

Murray County

Purchase walk-in refrigerator and

freezer for Senior Citizen Center

$

Murray County

Grounds work at the Chief Van

House in Murray County

$

City of Nahunta

Construction of fire department

building in Nahunta

$

City of Nashville

Construct a walking track in Nashville

$

City of Newnan

Operating funds for Achievers

International in Newnan

$

Newton County Board Purchase and install lights for

of Education

football practice field for Newton

High School

$

Newton County

Purchase cameras for the Newton County

Sheriffs Department

$

Northeast Georgia RDC Economic development along US 441

in the Northeast Georgia RDC region

$

Oconee County Board Operation of the Agriscience facility

of Education

at Oconee County High School

$

City of Odum

Purchase equipment storage facility in

Odum

$

City of Odum

Repairs to City Hall and Fire

Department in Odum

$

City of Offerman

Purchase truck for Offerman/Big

Creek Volunteer Fire Department

$

Oglethorpe County

Bryan Park- Purchase of playground

equipment and site construction

in Oglethorpe County

$

City of Patterson

Operating funds for Heritage Fund

to establish and promote historical

sites in Patterson

$

Paulding County Board Operation of Paulding County Board

of Education

of Education recreation facility

$

Peach County

Develop countywide water/sewer

system in Peach County

$

Peach County

Refurbish courthouse facade in Peach

County

$

Peach County

Refurbish courthouse facade in Peach

County

$

City of Pearson

Purchase of mulchers for City of Pearson

$

City of Pelham

Upgrade and install lighting at

two sports complexes in Pelham

$

City of Perry

Purchase land for the Genesis House

for the Homeless Center in Perry

$

Pierce County

Operating funds for Pierce County

Lee Street Resource Center

$

Pierce County

Improvements to Lakeview Community

Center in Pierce County

$

Pierce County

Operating expenses for Pierce County

$

Pierce County

Purchase computer equipment for

the Pierce County Chamber of Commerce $

20,000 5,000
25,000 25,000 10,000 10,000 5,000 10,000 20,000
45,000 30,000 50,000 10,000 5,000 5,000 5,000
20,000
5,000 25,000 50,000 25,000 25,000
5,000 25,000 25,000 25,000 25,000 50,000
5,000

MONDAY, FEBRUARY 14, 2000

Pierce County
City of Pinehurst City of Plainville City of Port Wentworth City of Portal City of Poulan Pulaski County Putnam County
Putnam County Quitman County Board
of Education Quitman County Quitman County Board
of Education Quitman County
Quitman County Rabun County Rabun County Rabun County Rabun County Randolph County
Randolph County Town of Rebecca City of Reidsville City of Remerton City of Remerton Richmond County

Renovate building to use as a resource center and meeting facility at the Pierce County Consolidated Men's Club
Construction of utility maintenance barn in Pinehurst
Equipment for City of Plainville Fire Department
Construct recreational facilities in Port Wentworth
Purchase trash truck for City of Portal Purchase truck for trash removal in
Poulan Consolidate city/county governments
in Pulaski County Purchase/install lights for ballpark
at Jimmy Davis facility in Putnam County Purchase van for Uncle Remus Regional Library system Restoration to the Kaigler Training School Building in Georgetown for the Quitman Board of Education Feasibility study for Bio Conversion Plant in Quitman 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 Feasibility study for Quitman Welcome Center Purchase equipment for Rabun County Volunteer Fire Department Operate Fight Abuse in the Home in Rabun County Purchase of fireboat at Lake Seed in Rabun County Purchase rescue equipment in Rabun County Correct erosion problems for the Flint River Girl Scout Council Camp in Randolph County Feasibility study for an airport in Randolph County Purchase fire station and equipment for City of Rebecca Construct shelter for playground at Reidsville Headstart Renovation of downtown area in City of Remerton Purchase police equipment for City of Remerton Repair roof on the Imperial Theater in Richmond County

825

$ 10,000 $ 25,000 $ 10,000 $ 25,000 $ 10,000 $ 10,000 $ 25,000

$ 25,000

$

8,000

$ 55,000

$

5,000

$ 10,000

$ 25,000

$ 25,000

$

5,000

$ 10,000

$ 10,000

$ 15,000

$ 15,000

$ 20,000

$ 10,000

$

5,000

$ 75,000

$ 20,000

$ 50,000

826

JOURNAL OF THE HOUSE

Richmond County

Technology improvements for State

Court Solicitors Office in

Richmond County

$

5,000

Richmond County

Establish museum at Augusta Cotton

Exchange through the Augusta/

Richmond Museum in Richmond County $ 40,000

Richmond County

Operation of Augusta Easter Seals

in Richmond County

$ 10,000

Richmond County

Training for the Richmond County

Marshals Department

$ 10,000

Richmond County Board Technology improvements CSRA Law

of Education

Enforcement Training Academy in

Richmond County Schools

$

5,000

Richmond County Board Purchase locker locks, new

of Education

fence for baseball field and

landscaping at Westside High School

in Richmond County

$ 15,000

Richmond County

Purchase of the final tract of land

Consolidated Govern- adjacent to Ezekiel Harris House

ment

in Richmond County

$ 50,000

Richmond County

Purchase equipment for Richmond

County Boxing Club

$ 15,000

Richmond County

Operation of Hope House for

Women in Richmond County

$ 15,000

Richmond County Board Purchase equipment for new facility

of Education

at the Davidson School of

Fine Arts in Richmond County

$ 50,000

Richmond County

Operation of the Golden Harvest Food

Bank

$ 20,000

Richmond County

Operating funds for AKA's historical

program in Richmond County

$ 10,000

Richmond County

Operating funds for Summerville Arts

Factory summer enrichment program

in Richmond County

$

5,000

Richmond County

Operating funds for Southside

tutorial after school program in

Richmond County

$ 40,000

Richmond County

Operating funds for Imperial Arts

Theater in Richmond County

$ 10,000

Richmond County

Operating funds for the Augusta

Ballet in Richmond County

$ 25,000

Richmond County

Operating funds for Macedonia Connection

tutorial program in Richmond County

$

8,000

Richmond County

Operating funds for Tremount Summer

Enrichment Program for

youth in Richmond County

$

7,000

Richmond County

Operating funds for the historical

preservation of the Delta House

in Richmond County

$ 15,000

Richmond County

Operating funds for children's program

at Lucy Laney High School

in Richmond County

$ 25,000

Richmond County

Operating funds for Jack & Jill

Outreach Program for disadvantage

youth/foster children in Richmond

County

$ 10,000

Richmond County
Richmond County
Richmond County
Richmond County
Richmond County Richmond County Richmond County City of Riverdale City of Rochelle City of Rockmart Rockdale County City of Rockmart City of Rome City of Rome City of Sale City City of Savannah City of Savannah City of Savannah
City of Savannah City of Savannah City of Savannah City of Savannah City of Screven
Screven County City of Screven Seminole County Seminole County

MONDAY, FEBRUARY 14, 2000
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
River Race Funding in Richmond County Improvement funds for city park in
Riverdale Expand Rochelle City Hall Equipment for the Rockmart
Fire Department Purchase equipment for the Rockdale
County Fire Department Operation of recreation facility
in the City of Rockmart Operation of Camp Good Times Purchase sprinkler system for Rome
History Museum Improvements to local recreation complex
in Sale City 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 Promote tourism and development in the City of Savannah Operation of Project Success in Savannah Retire debt on EOA Austin House Center in Savannah Purchase of building for Cultural Affairs Commission in Savannah Improvements to the water tower electronics board in City of Screven Renovation of Screven County Agricultural Center Community Center repairs in City of Screven Pave parking lot of Senior Citizens Center in Seminole County Purchase equipment for volunteer rescue squads in Seminole County

827

$

5,000

$ 20,000

$

5,000

$ 15,000

$ 10,000

$ 40,000 $ 25,000

$ 10,000

$

5,000

$

5,600

$ 30,000

$ 30,000 $ 25,000

$ 25,000

$

5,000

$ 10,000

$ 10,000

$

5,000

$ 8,955,000 $ 25,000

$ 25,000

$ 10,000

$

5,000

$ 50,000

$ 10,000

$

7,300

$ 10,000

828

JOURNAL OF THE HOUSE

City of Smyrna
City of Social Circle City of Soperton Spalding County Board
of Education City of Sparks City of Springfield City of St. George City of St. Marys Stephens County
Stephens County Stephens County City of Stone Mountain City of Stone Mountain City of Summertown Sumter County
City of Swainsboro City of Sycamore City of Sylvania Talbot County Taliaferro County City of Tallapoosa Tattnall County Board
of Education Tattnall County Board
of Education Tattnall County Board
of Education Tattnall County Tattnall County

Restoration/preservation of markers and headstones at Smyrna Memorial Cemetery
Construction of city park and parking area in Social Circle
Operation of recreation facility in the City of Soperton
Operation of a program to reduce high school drop-out rates in the Spalding Board of Education
Purchase equipment for Sparks Police Department
Match downtown improvement grants in City of Springfield
Purchase a fire brush truck for the City of St. George
Renovation of Waterfront Theater in St. Mary's
Purchase equipment for Tates Creek VFD and renovate Games Creek VFD facilities in Stephens County
Install roof and renovate ToccoaStephens County Historical Society
Purchase field fencing for Toccoa Little League in Stephens County
Operating expenses for ART Station in Stone Mountain
ART Station renovation/repair in Stone Mountain
Renovation and repair of community center in Summertown
Purchase/install outfield fences and related improvements at Little League field for Sumter County Board of Commissioners
Purchase of computer equipment for City of Swainsboro
Purchase recreation and playground equipment for new park in Sycamore
Purchase playground equipment for City of Sylvania
Improvements to Central High School football stadium in Talbot County
Taliaferro County Volunteer Fire Department - purchase rescue equipment
Operating expenses for Tallapoosa recreation facility
Operation of the STARR Program in Tattnall County Schools
Purchase band uniforms and instruments in Tattnall County Schools
Instructor for Tattnall County STAR program
Purchase echo-cardiogram unit for Tattnall Memorial Hospital
Operation of Tattnall Memorial Hospital

$ 20,000 $ 50,000 $ 10,000

$ 50,000

$ 10,000

$

5,000

$ 48,000

$ 25,000

$ 20,000

$

4,000

$ 10,000

$ 25,000

$ 50,000

$

5,000

$ 50,000 $ 10,000 $ 10,000 $ 25,000 $ 65,000 $ 10,000 $ 15,000 $ 10,000 $ 10,000 $ 10,000 $ 50,000 $ 100,000

MONDAY, FEBRUARY 14, 2000

Tattnall County Board of Education
Taylor County
Telfair County Telfair County
Telfair County Board of Education
Terrell County
Thomas County Board of Education
Thomas County Board of Education
Town of Thunderbolt
Town of Thunderbolt
Tift County Board of Education
City of Tifton
Toombs County
City of Toomsboro
Treutlen County
Twiggs County Board of Education
Turner County
City of Tybee Island City of Tyrone
City of Tyrone
City of Tyrone City of TyTy City of Unadilla
Uncle Remus Regional Library System
Union County
Union County
City of Vidalia

Sidewalks from band room to football field in Tattnall County Schools
Purchase property for a parking lot in Taylor County
Operating funds for Telfair County Operating funds for Horse Creek
Volunteer Fire Department in Telfair County Pave parking lot and other improvements at Telfair County High School Repair to clock and steeple at courthouse in Terrell County Refurbish track at Thomasville High School Replace carpet in Central High School Gym in Thomas County 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 Purchase band uniforms for Tift County Band Equipment for communications center for City of Tifton Fire Department Construct restrooms for community center at Cedar Crossing Area in Toombs County Equip and repair fire truck in Toomsboro Operation and repair of the Treutlen Welcome Center on 1-16 Connect Dry Branch Elementary School to the Macon Water Authority in Twiggs County Construct horse competition and rodeo arena in Turner County Tybee Island Lighthouse restoration Construct a sidewalk/path in the City of Tyrone Construct a concession/restroom facility at the Redwine Community Park in the City of Tyrone Operation of the Tyrone Library Improvement of recreation areas in TyTy Purchase of jet sewer machine for City of Unadilla Purchase van for Uncle Remus Regional Library System Purchase equipment for Union County Hospital Construct a recreation facility for Union County Parks and Recreation Operation of the recreation department in Vidalia

829

$

5,000

$ 40,000 $ 10,000

$

5,000

$ 25,000

$ 15,000

$ 15,000

$ 15,000

$

5,000

$ 10,000 $ 10,000 $ 20,000

$

5,000

$ 10,000

$ 10,000

$ 100,000
$ 10,000 $ 75,000
$ 40,000

$ 40,000

$ 20,000

$

5,000

$ 25,000

$ 17,500

$ 248,000

$ 10,000

$

5,000

830
City of Vidalia
City of Vidalia Walker County
Walton County Board of Education
Walton County Board of Education
Ware County Ware County Board
of Education City of Warner Robins
City of Warner Robins City of Warner Robins Warren County Warren County Warren County City of Warrenton City of Warrenton City of Warwick Washington County City of Waycross Wayne County Board
of Education Wayne County City of Waynesboro
Webster County Board of Education
Webster County Wheeler County
City of Whigham

JOURNAL OF THE HOUSE
Replace playground equipment and renovate Ganelle Davis Park facility in Vidalia
Operation of the Vidalia Boys and Girls Club
Construct a multi-purpose building at Walker County West Armuchee Community Center
Purchase band uniforms for Loganville High School in Walton County
Purchase band uniforms for Loganville High School in Walton County
Purchase recreational equipment for Ware County
Purchase equipment for Ware County ROTC
Purchase/install lights and fences for Warner Robins National Little League Program
Operating funds for the Salvation Army Safehouse in Warner Robins
Operating expenses for the Museum of Aviation in Warner Robins
Purchase rescue equipment for Warren County
Operation of the recreation department in Warren County
Purchase of rescue equipment for northern Warren County
Renovation of the City of Warrenton Cultural Art Center
Restoration of historic gymnasium in City of Warrenton
Purchase new police vehicle for City of Warwick
Refurbish T.J. Elder Community Center in Washington County
Waycross-Blackshear Tourist promotion
Lighting for girls softball field in Wayne County
ADA improvement to Jaycee public landing area in Wayne County
Liberty Square Historic Association beautification and improvement to historic commercial district in Waynesboro
Infrastructure for computers and technical equipment for Webster County school buildings
Repair of courthouse in Webster County Purchase equipment for baseball and
midget football at Glenwood and Alamo Facilities in Wheeler County Purchase equipment for City of Whigham

$ 30,000

$

5,000

$ 40,000

$ 15,000

$ 10,000 $ 25,000 $ 25,000

$ 10,000

$ 50,000

$ 90,000

$ 12,300

$

5,000

$ 12,000

$ 20,000

$ 10,000

$ 10,000

$ 25,000

$ 15,000

$ 15,000

$ 15,000

$ 65,000
$ 15,000 $ 10,000
$ 10,000 $ 10,000

MONDAY, FEBRUARY 14, 2000

831

City of Whigham Whitfield County
White County
White County White County Board
of Education Wilcox County Wilcox County Wilcox County Wilcox County Wilcox County
Wilcox County
Wilkes County
Wilkinson County Worth County

Improvements to city properties in City of Whigham
Purchase of Hamilton House and museum for the Whitfield/Murray Historial Society
Road and Bridge, restroom White County Recreation Department playground in Sautee Nachoochie Community
Renovations to a recreation facility at White County Recreation Department
Operation of Pioneer RESA in White County
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 Expansion of existing building to
accommodate expansion of City Hall in Wilcox County Purchase building for Cedar Creek Volunteer Fire Department in Wilcox County Purchase equipment for fire station for Newtown Community in Wilkes County Repairs to city-county library in Wilkinson County Improvements to youth football program area buildings and grounds in Worth County

15,000
50,000
35,000
20,000 8,000
5,000 5,000 10,000 5,000
5,000
5,000
15,000 15,000
15,000

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 42. Provisions Relative to Section 8, Department of Community Health. There is hereby appropriated to the Department of Community Health 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.

832

JOURNAL OF THE HOUSE

Section 43. Provisions Relative to Section 11, 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 44. Provisions Relative to Section 12, Employees' Retirement System. It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 45. Provisions Relative to Section 16, 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 46. Provisions Relative to Section 22, Merit System of Personnel Admin istration. The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.

MONDAY, FEBRUARY 14, 2000

833

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 47. 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 48. Provisions Relative to Section 29, 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.
Section 49. Provisions Relative to Section 33, 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 50. Provisions Relative to Section 35, 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

834

JOURNAL OF THE HOUSE

less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 51. In addition to all other appropriations for the State fiscal year ending June 30, 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 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authonty 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.

MONDAY, FEBRUARY 14, 2000

835

A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56. In accordance with the requirements of Article 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 57. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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.

836

JOURNAL OF THE HOUSE

(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 58. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 59. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 60. Provisions Relative to Section 37, State of Georgia General Obliga tion Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

Principal Amount

Debt Service

A.) Maturities not to exceed two hundred forty months.

Department of Education regular entitlements,

regular advanced funding and low-wealth

funding

$ 93,335,000 $

Learning Center at Clayton College and

State University

22,300,000

Technology and Commerce Center at Columbus

State University

14,930,000

Science and Nursing Building at Georgia

Southern University

22,890,000

Camden Center Facility at Coastal

Georgia

16,700,000

Russell Library and Information Center at

Georgia College and State University

18,460,000

8,306,815 1,984,700 1,328,770 2,037,210 1,486,300 1,642,940

MONDAY, FEBRUARY 14, 2000

Housing Residence Hall at Savannah State University
Housing Residence Hall at Savannah State University (payback project)
Construct and equip a shipping/receiving warehousing facility for the Herty Foundation
Complete broadcast infrastructure upgrades to digital transmission for 3 Georgia Public Telecommunications Commission stations
Department of Technical and Adult Education projects:
Multipurpose building at Atlanta Tech Phase I of Moultrie Tech's new campus Computer technology building for Albany
Tech Occupational technology building for Savannah
Tech HR/IT child development building for Macon
Tech Classroom/student services building
for Augusta Tech Liberty County campus for Savannah Tech Hancock County center for Sandersville Tech Contingencies for Technical and
Adult Education projects Renovations and improvements to Geeslin, Haynes
and Hicks Halls at South Georgia Tech and the economic development and Quick Start building at Southeastern Tech Property acquisitions for the Department of Technical and Adult Education Provide 50% match for priority repairs and renovations at public libraries Construct a third auto dock at Colonel's Island Purchase land and develop a port site for a poultry cold storage site Complete construction of the phase IV expansion of the World Congress Center Develop parking facilities to replace parking lost to phase IV expansion site of the World Congress Center Purchase the Georgia Power site on Northside Drive ($3,000,000) Construct 10 additional cabins at Richard Russell State Park ($1,200,000) and for the Sweetwater Creek Interpretive Center ($1,500,000) Purchase 500 acres of land along the Altamaha River in Appling County for a new state park Construct a new public fishing pier on the St. Mary's River in Camden County

6,470,000 7,500,000
620,000
2,800,000
7,044,220 16,942,134 7,418,258 8,965,680 9,353,555 9,015,490 5,026,480
692,500 766,683
6,660,000 500,000
2,875,000 9,000,000 9,000,000
4,400,000
7,000,000 3,000,000
2,700,000
600,000 275,000

837
575,830 667,500
55,180
249,200
626,936 1,507,850
660,225 797,946 832,466 802,379 447,357 61,633
68,235
592,740 44,500 255,875 801,000 801,000
391,600
623,000 267,000
240,300
53,400 24,475

838

JOURNAL OF THE HOUSE

Construct a clubhouse, cart barn, parking lot, maintenance complex, driving range and putting green for phase II of the Victoria Bryant Golf Course improvements
Construct a seawall at Florence Marina State Park in Stewart County
Land acquisition in the Chattahoochee River Corridor
Land acquisition at Pigeon Mountain Governor's Road Improvement Program Purchase two rail lines (Ellijay-Tate line
($3,000,000) and Vidalia-Hester line ($500,000)) Begin construction of the Atlanta Multi-Modal Transfer Facility passenger terminal Construction to raise dikes in area 14B in the Savannah Harbor Phase II of erosion protection at Jones/Oyster Bed Island Installation of underdrain pipes at Savannah Harbor disposal areas Purchase emergency generators, a fire alarm system and re-roof a building at Augusta YDC Expand educational and medical space at Pelham YDC Dining hall expansion at Eastman YDC Installation of modular classrooms at Macon YDC Various repairs and maintenance projects at RYDCs Construct additional educational, mental health, medical and supervisory space at the Clayton, DeKalb and Marietta RYDCs Construction of the remaining 80-bed replacement for the Macon YDC Match a federal grant for construction of an 80-bed replacement for the Augusta RYDC Replace the roof of the Russell Building ($340,000) and for exterior improvements at Milledgeville Veterans Nursing Home ($210,000) Replace the laboratory building and morgue at the GBI Macon office Construct a morgue and toxicology lab adjacent to the GBI Savannah facility Construct a new GBI region 6 Investigative Office in Milledgeville Expand the City of Morgan wastewater system to accommodate the Calhoun State Prison Upgrades at Department of Corrections' facilities

1,800,000 300,000
20,000,000 3,750,000 110,000,000
3,500,000 5,905,000 3,000,000 5,500,000
200,000
745,000 940,000 515,000 565,000 1,500,000
7,600,000 3,125,000
825,000
550,000 4,250,000 2,295,000
680,000 200,000 4,465,000

160,200 26,700 1,780,000 333,750 9,790,000
311,500 525,545 267,000 489,500
17,800
66,305 83,660 45,835 50,285 133,500
676,400 278,125
73,425
48,950 378,250 204,255
60,520 17,800 397,385

MONDAY, FEBRUARY 14, 2000

839

25-bed expansion of diversion centers at Rouse, Helms, Athens, Griffin and Columbus and a 50bed expansion at Augusta; replace 50-bed diversion centers in Rome and Cobb with 100bed facilities; construct two 192-bed probation detention centers in Long County and Murray County; construct two 192-bed parole revocation centers in Jeff Davis County and Stephens County
Repairs and renovations at Seasonal Farmers' Markets statewide, including $368,000 for the Cordele Farmers' Market
Exterior renovations at the State Capitol Removal and remediation of state-owned
underground and above ground tanks that have been closed to meet federal regulations Design funds for Regent's major capital outlay priority list Construction of the North Campus chilled water plant at Georgia Tech Design of a classroom and wellness center/dorms at Middle Georgia College Replacement of underground electrical distribution system at Gainesville College Planning and design funds for the renovation of the classroom/gymnasium facility at South Georgia College Planning and design of the Tift Area Satellite Expansion at Moultrie Technical Institute Rehabilitation of railroads for the Department of Transportation Purchase adjoining property and improve existing property at the Georgia National Fairgrounds and Agricultural Center Purchase land in Muscogee County Renovations at Middle Georgia College Dublin Total Twenty Year Projects (New)
B.) Maturities not to exceed sixty months. Design a Nursing/Health Sciences and Outreach
Complex at Macon College ($650,000) and an Agricultural Sciences building at Abraham Baldwin Agricultural College ($285,000) Renovate the Classroom Building E at the Clarkston Campus of Georgia Perimeter College Repair dams at John Tanner State Park in Carroll County Implement a circulation plan and other improvements within the historic district of Jekyll Island

5,105,000
1,190,000 5,000,000
3,000,000 4,500,000 4,800,000
590,000
1,300,000
252,000
300,000 1,220,000
1,600,000 1,000,000 1,200,000 $ 530,507,000 $

$

935,000 $

2,900,000 250,000

2,500,000

454,345 105,910 445,000
267,000 400,500 427,200 52,510 115,700
22,428 26,700 108,580 142,400 89,000 106,800 47,215,123
218,790 678,600 58,500 585,000

840

JOURNAL OF THE HOUSE

Purchase equipment to support industry-driven research
Renovations of cottages outside Bill E. Irland YDC and in Atlanta for use as non-secure detention and emergency shelters
Safety and regulatory improvements, major construction, HVAC system replacements at Department of Human Resources facilities
Various equipment purchases for the Department of Corrections
Study and design the replacement of the steam system at GDCP
Minor construction projects ($5,734,400) and maintenance projects ($695,600) at various Department of Corrections' facilities
Repairs and renovations to National Guard armories and other Department of Defense facilities
Study rail passenger service Total Five Year Projects (New)

1,500,000

351,000

350,000

81,900

4,965,000 720,000 115,000

1,161,810 168,480 26,910

6,430,000

1,504,620

3,000,000 500,000
$ 24,165,000 $

702,000 117,000 5,654,610

Section 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2000

$

13,939,922,701

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1162, designating Representative Coleman of the 142nd as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 1162 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Kaye of the 37th District moves to amend the Committee substitute to HB 1162 by (removing from) state funds for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 2000 the figure $52,869,733, and by (decreasing) the object classes as listed below:
Object Classes

MONDAY, FEBRUARY 14, 2000

841

State General Funds (New)
Total Funds State Funds

52,869,733
52,869,733 52,869,733

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

N Alien N Anderson N Ashe N Bailey Y Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell N Cash N Channel! 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 N Day Y Dean N DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree N Manner N Harbin E Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes E Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas E 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 O'Neal N Orrock N Parham N Parrish N Parsons

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

On the adoption of the amendment, the ayes were 45, nays 123. The amendment was lost.

The following amendment was read:

Representative Stancil of the 16th moves to amend the Committee substitute to HB 1162 by (removing from) lottery funds for the State Board of Education, Section 11, relating to State Fiscal Year 2000 the figure $10,000,000, and by (decreasing) the object classes as listed below:

Object Classes

Computers in the Classroom

10,000,000

842

JOURNAL OF THE HOUSE

Total Funds Lottery Funds

10,000,000 10,000,000

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

N Alien N Anderson N Ashe N Bailey Y Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell N Cash N Channel! 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 N Day
Dean N DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golick N Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin E Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes E Houston N Howard Y Hudgens N Hudson, H N Hudson, N

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

N Pelote Y Pinholster N Poag E Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Heed Y Reese N Reichert E Rice Y Richardson N Roberts N Rogers E Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp E 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
Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor E Teague N Teper N Tillman N Tolbert Y Trense
Turnquest N Twiggs
Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmorland 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 47, nays 120. The amendment was lost.
The following amendment was read:
Representative Williams of the 83rd moves to amend the Committee substitute to HB 1162 as follows: Insert after line 644 page 15
Contract Development for Social Studies Curriculum......................................... (925,000)

MONDAY, FEBRUARY 14, 2000

843

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

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

N Davis, T Y Day
Dean N DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley N Hammontree N Hanner N Harbin E Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes E 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 E 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 O'Neal N Orrock N Parham N Parrish N Parsons

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

On the adoption of the amendment, the ayes were 46, nays 120. The amendment was lost. The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe 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 Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channel! Y Childers

N Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M Y Davis, T Y Day
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 E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson

844
Y Holland Y Holmes E Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane Y Lewis Y Lord Y Lucas E Maddox

JOURNAL OF THE HOUSE

Y Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag

E Ponder Y Porter Y Powell Y Purcell Y Bagas Y Bandall YRay Y Reaves Y Reece Y Reed N Reese Y Reichert E Rice N Richardson Y Roberts Y Rogers E Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan

Y Shaw Y Shipp E 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 Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens

Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R Y Wix Y 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.
Representative Dean of the 48th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The Speaker announced the House in recess until 2:30 o'clock this afternoon.

MONDAY, FEBRUARY 14, 2000

845

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1033. By Representatives Sims of the 167th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Dixon of the 168th and others: A resolution commending the Georgia Association of Student Councils and recognizing "Student Council Week".
HR 1034. By Representative Tolbert of the 25th: A resolution honoring Mr. James Brown on his retirement.
HR 1035. By Representatives Sims of the 167th, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Dixon of the 168th and others: A resolution commending the Coffee County High School Key Club.
HR 1036. By Representative Hudson of the 120th: A resolution recognizing and commending Honorable Edith Ingram.
HR 1037. By Representatives Mosley of the 171st, Byrd of the 170th and McBee of the 88th: A resolution celebrating the life of William Henry "Dink" NeSmith, Sr.
HR 1038. By Representative Purcell of the 147th: A resolution recognizing and commending William Wingar (Bill) Rahn.
HR 1039. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth: A resolution expressing regret at the passing of Dr. Gloria Shatto.
HR 1040. By Representative Childers of the 13th: A resolution commending Dr. N. Gordon Carper.
HR 1041. By Representative Roberts of the 162nd: A resolution honoring the life of Deacon Luke Billingsley.
HR 1042. By Representative Roberts of the 162nd: A resolution in memory of Mr. Robert Dollison, Sr.
HR 1043. By Representative Roberts of the 162nd: A resolution honoring the life of Mr. Robert Dollison, Jr.

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HR 1044. By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A resolution commending the Columbia County Fireballs and the American Association of Adapted Sports Programs.

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

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

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

Hugley Irvin Y Jackson, B Y Jackson, L James Jamieson Jenkins Y Jennings Jones Y Joyce Y Kaye Lane Y Lewis Y Lord Y Lucas E Maddox Y Mann Y Manning Y Martin, J Martin, J.L Y Massey Y McBee Y McCall 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 YPoag E Ponder
Porter Y Powell Y Purcell
Randall Ray Reaves Reece Reed Y Reese Y Reichert E Rice Y Richardson Roberts Rogers E Royal Y Sanders Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E Sholar Sims Sinkfield Skipper Smith, B Y Smith, C Smith, C.W Y Smith, L

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 Stokes Y Stuckey Taylor E Teague Y Teper Tillman Y Tolbert Y Trense Turnquest Twiggs Y Unterman Walker, L 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 Resolutions, the ayes were 107, nays 0. The Resolutions were adopted.
Representatives Lane of the 146th and Smith of the 91st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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:

MONDAY, FEBRUARY 14, 2000

847

HB 1151. By Representatives Powell of the 23rd, Walker of the 141st, Stancil of the 16th, Connell of the 115th, Manning of the 32nd and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide that application materials submitted to the Georgia Real Estate Appraisers Board shall be confidential; to provide for the public availability of certain information regarding real estate appraisers that is maintained by such board; to authorize such board to require certain applicants and real estate appraisers to submit fingerprints to the board.

The following Committee substitute was read and adopted:
A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide that application materials submitted to the Georgia Real Estate Appraisers Board shall be confidential; to provide for the public availability of certain information regarding real estate appraisers that is maintained by such board; to authorize such board to enter into agreements with similar boards in other states regarding the granting of nonresident appraiser classifications to Georgians who seek to practice in other states and to residents of other states who seek to practice in Georgia; to provide for the granting of nonresident classifications under circumstances where such board determines that another state does not offer nonresident classification to Georgia appraisers based on requirements substantially similar to the law of this state for granting nonresident classification; to provide that initial judicial review of a decision of such board shall be available solely in the superior court of the domicile of the board; to authorize such board to require certain applicants and real estate appraisers who are under investigation by the board to submit fingerprints to the board; to authorize such board to obtain records of criminal convictions regarding applicants and appraisers who are under investigation by the board from the Georgia Crime Information Center and the Federal Bureau of Investigation; to amend Chapter 40 of said title, relating to real estate brokers and salespersons, so as to provide for a definition of the term "firm" and amend the definition of the term "person"; to provide that application materials submitted to the Georgia Real Estate Commission shall be confidential; to provide for the public availability of certain information regarding real estate licensees that is maintained by such commission; to provide for the collection of an activation fee from certain firms which have applied for real estate licenses; to provide that initial judicial review of a decision of such commission shall be available solely in the superior court of the domicile of the commission; to authorize such commission to require certain applicants and real estate licensees who are under investigation by the board to submit fingerprints to the commission; to authorize such commission to obtain records of criminal convictions regarding applicants and licensees who are under investigation by the board from the Georgia Crime Information Center and the Federal Bureau of Investigation; 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, is amended in Chapter 39A, relating to real estate appraisers, by striking in its entirety Code Section 43-39A-7, relating to applications for appraiser classification, and inserting in lieu thereof a new Code Section 43-39A-7 to read as follows:

848 "43-39A-7.

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(a) Any person desiring to act as a real estate appraiser must file an application for an appraiser classification with the board. The application All original and subsequent applications filed with the board shall be in such form and detail as the board shall prescribe, setting forth the following:
(1) The name and address of the applicant and the name under which the applicant intends to conduct business;

(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and

(3) Such other information as the board shall require.

(b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and classified appraisers as part of an application filed with the board, shall be confidential. The board shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: an appraiser's name, classification number and status, business name, business address, business telephone number, type of classification held, and term of classification; the fact that an appraiser has or has not received a disciplinary sanction; and such other information pertaining to the classification of an appraiser or approval of a school, course, or instructor as the board may determine by rule."

SECTION 2.

Said title is further amended in Code Section 43-39A-9, relating to requirements for nonresident applicants and temporary permits for real estate appraiser classifications, by adding at the end thereof new subsections (e) and (f) to read as follows:

"(e) The board in its discretion may enter into written agreements with similar regulatory authorities of other states as may be necessitated by those states' laws to assure for Georgia appraisers nonresident classification opportunities comparable to those afforded to nonresidents by this Code section. Whenever the board determines that another state does not offer nonresident classification to Georgia appraisers with requirements substantially comparable to those afforded to appraisers of that state by this Code section, the board shall require appraisers of such state who apply for nonresident classification to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia appraisers who seek nonresident classification.

(f) Notwithstanding any other provision of this Code section, the board in its discretion may enter into written agreements with similar regulatory authorities of other states to permit appraisers classified in those states to conduct real property appraisal activities in Georgia without obtaining a classification in Georgia, provided that such other states afford the same opportunities to Georgia appraisers."

SECTION 3.

Said title is further amended in Code Section 43-39A-14, relating to the required conduct of applicants for a real estate appraiser classification and grounds for refusal of a classification, by adding at the end thereof a new subsection (1) to read as follows:

MONDAY, FEBRUARY 14, 2000

849

"(1) Where the board has previously sanctioned any applicant for a classification under Chapter 13 of Title 50, the ' Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the classification."
SECTION 4.
Said title is further amended in Code Section 43-39A-15, relating to hearings regarding real estate appraiser classifications to be conducted in accordance with the "Georgia Administrative Procedure Act," by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the ' Georgia Administrative Procedure Act.' Notwithstanding any provision of subsection (b) of Code Section 5013-19 to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board."
SECTION 5.
Said title is further amended in Code Section 43-39A-21, relating to hearings on imposition of sanctions against real estate appraisers and judicial review, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the ' Georgia Administrative Procedure Act.' Notwithstanding any provision of subsection (b) of Code Section 5013-19 to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board."
SECTION 6.
Said title is further amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 43-39A-22.1 to read as follows:
"43-39A-22.1.
(a) As used in this Code section, the term ' conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to first offender treatment without an adjudication of guilt.
(b) After the board has opened an investigation authorized by Code Section 43-39A-22, the board shall be authorized to obtain conviction data with respect to an applicant or appraiser who is the subject of such investigation. The board may require any applicant or appraiser who is the subject of an investigation conducted pursuant to Code Section 43-39A-22 and who has been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation or any traffic violation that involved driving under the influence of alcohol or drugs, homicide or feticide by vehicle, fleeing the scene of an accident, attempting to elude a police officer, or impersonating a law enforcement officer to submit to the board two complete sets of classifiable fingerprints of the applicant or appraiser. Upon receipt thereof, the board shall submit both sets of fingerprints to the Georgia Crime Information Center which shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. The Georgia Crime Information Center shall retain the other set

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of fingerprints and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the board in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the board shall be used by it for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in Code Section 43-39A-22."
SECTION 7.
Said title is further amended in Code Section 43-40-1, relating to definitions regarding real estate brokers and salespersons, by adding a new paragraph (4.4) and by striking in its entirety paragraph (6) and inserting in lieu thereof a new paragraph (6), to read respectively as follows:
"(4.4) 'Firm' means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship."
"(6) 'Person' means individuals and firms. , corporations, limited liability companies, and partnerships."
SECTION 8.
Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by striking in its entirety Code Section 43-40-7, relating to applications for licenses, and inserting in lieu thereof a new Code Section 43-40-7 to read as follows:
"43-40-7.

(a) Any person desiring to act as a real estate licensee must file an application for a license with the commission. The application All original and subsequent applications filed with the commission shall be in such form and detail as the commission shall prescribe, setting forth the following:
(1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers;
(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3) Such other information as the commission shall require.
(b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the commission, shall be confidential. The commission shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensee's name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee or approval of a school, course, or instructor as the commission may determine by rule."

MONDAY, FEBRUARY 14, 2000

851

SECTION 9.
Said title is further amended in Code Section 43-40-9, relating to requirements regarding nonresident real estate licenses, by striking in its entirety paragraph (4) of subsection (c) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership, limited liabil ity company, or corporation firm until said partnership, limited liability company, or corporation firm qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state;"
SECTION 10.
Said title is further amended in Code Section 43-40-10, relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or partnership, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No broker's license shall be granted to a corporation, limited liability company, or partnership firm unless: (1) said corporation, limited liability company, or partnership firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the corporation, limited liability company, or partnerstrip firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said corporation, limited liability company, or partnership firm authorizes its qualifying broker to bind the corporation, limited lia bility company, or partnership firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the ' Georgia Administrative Procedure Act,' in which said corporation, limited liability company, or partnership firm may be a named respondent. Violations of this chapter or its rules and regulations by a corporation, limited liability company, or partnership firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation, limited liability company, or partnership firm unless every person who acts as a licensee for such corporation, limited liability company, or partnership firm shall hold a real estate license."
SECTION 11.
Said title is further amended in Code Section 43-40-12, relating to fees for real estate licenses, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8, each firm which is an applicant for a broker's license, and each corporation, limited liability company, ta*d or partnership which is an applicant for an associate broker license or a salesperson license shall pay an activation fee in advance."

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SECTION 12.

Said title is further amended in Code Section 43-40-15, relating to the grant, revocation, or suspension of real estate licenses, by adding at the end thereof a new subsection (m) to read as follows:

"(m) Where the commission has previously sanctioned any applicant for a license under Chapter 13 of Title 50, the ' Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the license."

SECTION 13.

Said title is further amended by striking in its entirety subsection (b) of Code Section 43-40-16, relating to hearings and judicial review regarding nonacceptance of applications for real estate licenses, and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission."

SECTION 14.

Said title is further amended in Code Section 43-40-19, relating to changes of the place of business of a real estate broker and transfers of salespersons and associate brokers, by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee:

(1) Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or

(2) Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker of a aolo proprietorship or the qualifying broker of a corporation, limited liability company, or partnership firm."

SECTION 15.

Said title is further amended by striking in its entirety Code Section 43-40-21, relating to violations involving real estate accounts, and inserting in lieu thereof a new Code Section 43-40-21 to read as follows:

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853

"43-40-21.

Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with Code Section 43-40-20 or if any broker or the officers, members, or partners of any corporation firm licensed as a real estate broker shall refuse to submit their books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition; and the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon hii such receiver by the court."
SECTION 16.
Said title is further amended in Code Section 43-40-22, relating to the real estate education, research, and recovery fund, by striking in its entirety paragraph (6) of subsection (d) and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation, limited liability company, or partnership firm, the license of the qualifying broker of the corporation, limited liability company, or partnership firm shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection."

SECTION 17.

Said title is further amended in Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors and sanctions thereon, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a corporation, limited liability company, or partnorahip firm or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction."

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SECTION 18.
Said title is further amended in Code Section 43-40-26, relating to hearings before the Georgia Real Estate Commission and judicial review, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission."
SECTION 19.
Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-27.1 to read as follows:
"43-40-27.1.

(a) As used in this Code section, the term ' conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to first offender treatment without an adjudication of guilt.
(b) After the commission has opened an investigation as authorized by Code Section 43-40-27, the commission shall be authorized to obtain conviction data with respect to an applicant or licensee who is the subject of such investigation. The commission may require any applicant or licensee who is the subject of an investigation conducted pursuant to Code Section 43-40-27 and who has been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation or any traffic violation that involved driving under the influence of alcohol or drugs, homicide or feticide by vehicle, fleeting the scene of an accident, attempting to elude a police officer, or impersonating a law enforcement officer to submit to the commission two complete sets of classifiable fingerprints of the applicant or licensee. Upon receipt thereof, the commission shall submit both sets of fingerprints to the Georgia Crime Information Center which shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. The Georgia Crime Information Center shall retain the other set of fingerprints and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the commission in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the commission shall be used by it for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in Code Section 43-40-27."
SECTION 20.
Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by striking in its entirety Code Section 43-40-31, relating to penalties, and inserting in lieu thereof a new Code Section 43-40-31, to read as follows:

MONDAY, FEBRUARY 14, 2000

855

"43-40-31.

Any person or corporation acting as a real estate licensee within the meaning of this chapter without a license and any person who violates any other provision of this chapter shall be guilty of a misdemeanor."

SECTION 21.

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

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

On the passage of the Bill, by substitute, the 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
Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers
Clark Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Jamieson Y Jenkins Y Jennings Jones Y Joyce Kaye Y Lane Y Lewis Y Lord Y Lucas E 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 Cmeal Y Orrock Y Parham Y Fairish Y Parsons

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

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

On the passage of the Bill, by substitute, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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HB 1133. By Representatives Ehrhart of the 36th, Stuckey of the 67th, Wiles of the 34th and Richardson of the 26th:
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 change certain provisions relating to custody of children.

The following amendments were read and adopted:
Representatives Stuckey of the 67th and Ehrhart of the 36th move to amend HB 1133 by striking lines 28 and 29 of page 1 and inserting in lieu thereof the following:
"The court shall have complete discretion in making this determination, and the child's desires are not controlling. The court shall further have broad discretion as to how the child's desires are to be considered, including through the report of a guardian ad litem. The best interest of the child standard shall be controlling."

Representative Stokes of the 92nd moves to amend HB 1133 as follows: By adding on line 26 after the word desires as follows:
", if any,".

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 N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell
Cash Y Channell Y Childers
Clark Y Coan Y Coleman, B

Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G 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 Y Heckstall Y Hegstrom Y Hembree N Henson Y Holland
Holmes E 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

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

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

Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires

MONDAY, FEBRUARY 14, 2000

Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey

Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest

Y Twiggs Y Unterman Y Walker, L
Walker, R.L Watson Y West Y Westmoreland

857
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 150, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 935. By Representatives Pelote of the 149th, Bordeaux of the 151st, Brooks of the 54th, Crawford of the 129th and Mueller of the 152nd:
A bill to amend Code Section 4-8-25 of the Official Code of Georgia Annotated, relating to requirements for possessing a dangerous dog, so as to increase the amount of liability insurance required to be carried by owners of dangerous dogs.

The report of the Committee, which was favorable to the 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
Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

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

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

McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Eagas Y Randall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert E Rice Y Richardson Y Roberts Y Rogers E Royal

N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E 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 Taylor

858
E Teague Y Teper Y Tillman Y Tolbert

JOURNAL OP THE HOUSE

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 N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 1162 was ordered immediately transmitted to the Senate.
HB 865. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd, Pelote of the 149th and Bordeaux of the 151st: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change certain provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts.
The following Committee substitute was read: A BILL
To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change certain provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts; to define a certain term; 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 in its entirety Code Section 40-148, relating to when a case may be made and conviction had with respect to the use of speed detection devices, and inserting in its place a new Code Section 40-14-8 to read as follows:
"40-14-8.
(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.
(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For pur-

MONDAY, FEBRUARY 14, 2000

859

poses of this Code section, the term ' historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representative Coleman of the 142nd moves to amend the House Committee on Motor Vehicles substitute to HB 865 by adding in the title on line 3 of page 1 between the word "as" and the word"to" the following:
"to change the provisions relating to the operation of speed detection devices by peace officers;"
By striking line 13 of page 1 and inserting the following:
"devices, is amended by striking in its entirety subsection (c) of Code Section 40-14-2, relating to requirement of a permit to use speed detection devices, 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 provides law enforcement services by certified peace officers 24 hours a day, seven days a week on call or on duty or and allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by 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 in its entirety Code Section".
By renumbering Section 2 on 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:

Y Alien Y Andersen 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
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 Y Connell Y Cooper
Y Cox Y Crawford Y Cummings

860
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 E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

JOURNAL OF THE HOUSE

Y Henson Y Holland Y Holmes E 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 Y Lucas E 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 (yNeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese

Y Reichert E Rice Y Richardson Y Roberts Y Rogers E Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E 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 E Teague Y Teper Y Tillman Y Tolbert Y Trense Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 613. By Representatives Jenkins of the 110th, Porter of the 143rd and Holland of the 157th:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that under certain conditions the Georgia Crime Information Center is authorized to disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person whose records are requested.

The report of the Committee, which was favorable to the 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 Channel! Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day 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 Hamraontree
Banner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes E 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

MONDAY, FEBRUARY 14, 2000

Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas E 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 CXNeal Y Orrock

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

Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E 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

861
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1229. By Representatives Coleman of the 142nd, Dixon of the 168th, Twiggs of the 8th and Epps of the 131st: A bill to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for enforcement of such provisions by special agents or enforcement officers of the state revenue commissioner.

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

Y Alien Anderson
Y Ashe Y Bailey
Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
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
Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B

Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell

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

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

862
Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas

JOURNAL OF THE HOUSE

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

Y Scott Y Shanahan Y Shaw Y Shipp E 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 E Teague Y Teper Y Tillman Y Tolbert

Y Trense Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spin-

On the passage of the Bill, the ayes were 160, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 1217. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and Jamieson of the 22nd: A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, so as to change the provisions relating to qualification of property as bona fide conservation use property; to change the provisions relative to the ownership of such property and the gross income derived by a family owned farm entity.
The following Committee substitute was read and adopted: A BILL
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, so as to change the provisions relating to qualification of property as bona fide conservation use property; to change the provisions relative to the ownership of such property and the gross income derived by a family owned farm entity; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, is amended by striking subparagraph (a)(l)(C) and inserting in its place the following:
"(C) Such property must be owned by:
(i) One or more natural or naturalized citizens;
(ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens;

MONDAY, FEBRUARY 14, 2000

863

(iii) A trust of which the beneficiaries are one or more natural or naturalized citizens;
(iv) A family owned farm entity, such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company, all of the interest of which is owned by one or more natural or naturalized citizens related to each other by blood or marriage within the fourth degree of civil reckoning, except that, solely with respect to a family limited partnership, a corporation, limited partnership, limited corporation, or limited liability company may serve as a general partner of the family limited partnership and hold no more than a 5 percent interest in such family limited partnership, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation uses, including earnings on investments directly related to past or future bona fide conservation uses, within this state within the year immediately preceding the year in which eligibility is sought; provided, however, that in the case of a newly formed family farm entity, an estimate of the income of such entity may be used to determine its eligibility;
(v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; or
(vi) A bona fide club organized for pleasure, recreation, and other nonprofitable purposes pursuant to Section 501(c)(7) of the Internal Revenue Code;".
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
Borders
Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bulloch

Y Bunn Y Burkhalter Y Byrd
Y Callaway Y Campbell Y Cash Y Channel! Y Childers
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 Banner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes E 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

864
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 CXNeal Y Orrock Y Parham Y Parrish Y Parsons

JOURNAL OF THE HOUSE

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

Y Rogers E Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.H Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper

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

On the passage of the Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Parrish of the 144th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1231 Do Pass HB 1244 Do Pass HB 1389 Do Pass
Respectfully submitted, /s/ Parrish of the 144th
Chairman
Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 764 Do Pass, by Substitute HB 919 Do Pass SB 267 Do Pass

MONDAY, FEBRUARY 14, 2000

865

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

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1079 Do Pass, by Substitute HB 1205 Do Pass HB 1321 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.

866

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Tuesday, February 15, 2000

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
Barnes Benefield Bohannon Bridges Brown Buck Bulloch
Burkhalter Byrd
Callaway
Campbell Cash Channel! Childers Clark
Coan Coleman, B Connell Cooper Cox
Cummings

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

Hugley Jackson, B Jackson, L James Jennings Kaye Lewis Lord Mann Manning Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Morris Mosley Mueller OTSIeal Parham Parsons Pelote

Pinholster Poag Ponder Porter Powell Purcell Ray Reaves Reece Reese E Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scott Shaw E Sholar Skipper Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling Stallings Stancil Stanley-Turner Stephens Stokes Taylor E Teague Teper Tillman Tolbert Twiggs Unterman Walker, L Walker, R.L Watson Westmoreland Whitaker Wiles Williams, R Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Jenkins of the 110th, Reichert of the 126th, West of the 101st, Hembree of the 98th, Shipp of the 38th, Hanner of the 159th, Hudson of the 120th, Scheid of the 17th, Trense of the 44th, Turnquest of the 73rd, Crawford of the 129th, Hegstrom of the 66th, Maddox of the 72nd, Day of the 153rd, Reed of the 52nd, Brooks of the 54th, Joyce of the 1st, Evans of the 28th, Barnard of the 154th, Bordeaux of the 151st, Stuckey of the 67th, Bunn of the 74th, Squires of the 78th, Stanley of the 49th, Orrock of the 56th, Shanahan of the 10th, Borders of the 177th, Dixon of the 168th, Dix of the 76th, Randall of the 127th, Yates of the 106th, Jamieson of the 22nd, Jones of the 71st, Parrish of the 144th, Mobley of the 69th, Irvin of the 45th, Williams of the 83rd, Sinkfield of the 57th, Smyre of the 136th and Buckner of the 95th.
They wish to be recorded as present.
Prayer was offered by the Reverend Jon Appleton, Retired, Athens, Georgia.

TUESDAY, FEBRUARY 15, 2000

867

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 1104. By Representatives Walker of the 87th, Dix of the 76th and Stokes of the 92nd:
A bill to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to prohibitions against loitering at or disrupting schools, so as to provide that it shall be unlawful for any person to remain upon the premises or within the school safety zone of any public or private school in this state when that person does not have a legitimate cause or need to be present thereon and when that person's conduct impairs a school function or materially and substantially interferes with the requirements of appropriate discipline in the operation of the school.
Referred to the Committee on Education.
HB 1450. By Representative Royal of the 164th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts.
Referred to the Committee on State Planning & Community Affairs.

868

JOURNAL OF THE HOUSE

HB 1451. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act to create the Effingham Family Connection," so as to change provisions relating to a quorum; to provide that designees attending a meeting may vote with the authority of the designator.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1452. By Representatives Parrish of the 144th, Buck of the 135th, Hanner of the 159th, Ehrhart of the 36th and Channell of the lllth:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income taxation of corporations; to provide for an income tax credit with respect to the amount of certain taxes paid by depository financial institutions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding local business license tax on depository financial institutions.

February 14, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1452. This notice is made prior to or upon reading the bill the first time.

/s/ B. Parrish Representative 144th District
Referred to the Committee on Ways & Means.
HB 1453. By Representatives Heard of the 89th, Buck of the 135th, Skipper of the 137th, Stanley of the 50th and Epps of the 131st: 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 an amount equal to the amount of the federal Earned Income Credit which the taxpayer has claimed pursuant to Section 32 of the Internal Revenue Code of 1986, as amended; to repeal certain provisions regarding low-income tax credits.
Referred to the Committee on Ways & Means.
HB 1454. By Representative Buck of the 135th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change the definition of business enterprise for certain job tax credits, qualified research tax credits, and percentage growth tax credits to include transportation companies; to change certain provisions regarding the calculation of full-time jobs with respect to claiming certain tax credits.

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February 14, 2000
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1454. This notice is made prior to or upon reading the bill the first time.
/s/ Tom B. Buck, III Representative 135th District
Referred to the Committee on Ways & Means.
HB 1455. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd, Ray of the 128th and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for certain export businesses.
February 14, 2000
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1455. This notice is made prior to or upon reading the bill the first time.
/s/ Reichert Representative 126th District
Referred to the Committee on Ways & Means.
HB 1456. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, Pelote of the 149th and Jackson of the 148th: A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the method of appointing the chairperson of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1457. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to repeal provisions relating to the exemption from state income taxation of benefits received from public retirement systems; to amend provisions relative to the investment authority of public retirement systems to make such authority conform to Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law".
Referred to the Committee on Retirement.

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HB 1458. By Representatives Parham of the 122nd and Powell of the 23rd: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation; to amend Chapter 8 of Title 42, relating to probation, so as to change certain provisions relating to use of a motor vehicle ignition interlock device as a probation condition.
February 14, 2000
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1458. This notice is made prior to or upon reading the bill the first time.
Is/ Bobby E. Parham Representative 122nd District
Referred to the Committee on Motor Vehicles.
HB 1459. By Representatives Kaye of the 37th, Ragas of the 64th, Joyce of the 1st, Stuckey of the 67th, Franklin of the 39th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting and similar identification of applicants for drivers' licenses without the applicant's consent; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards issued by the Department of Public Safety without the applicant's consent.
February 14, 2000
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1459. This notice is made prior to or upon reading the bill the first time.
/a/ Mitchell Kaye Representative 37th District
Referred to the Committee on Motor Vehicles.
HB 1460. 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 change provisions relating to the terms of officers

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and to the filling of vacancies; to provide for a quorum; to provide for the administrative powers of the mayor; to provide for a city manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1461. By Representatives Rogers of the 20th, Buck of the 135th and Hudson of the 156th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission's jurisdiction, powers, and duties generally, so as to provide that in any case where the commission has approved a tariff to implement a weather normalization adjustment rider for a gas utility or has included within the rate structure of a gas utility a weather normalization adjustment and such weather normalization adjustment has been in effect for a period of five years, the commission shall be required to review such weather normalization adjustment applicable to a gas utility to determine whether such adjustment should continue to be a part of the gas utility's rate structure.
Referred to the Committee on Industry.

HB 1462. By Representatives Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to change certain provisions regarding exemptions from sales and use tax; to change certain provisions regarding imposition and collection of sales and use tax.

February 14, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1462. This notice is made prior to or upon reading the bill the first time.

Isl Tom B. Buck, III Representative 135th District
Referred to the Committee on Ways & Means.
HB 1463. By Representatives Lane of the 146th, Mosley of the 171st, Morris of the 155th, Barnard of the 154th, Stokes of the 92nd and others: A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that certain restrictions on cast nets shall be applicable to cast nets having a radius of seven feet or more and certain restrictions shall apply to larger cast nets.
Referred to the Committee on Game, Fish & Parks.

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HB 1464. By Representatives Jamieson of the 22nd and McCall of the 90th: A bill to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to specify conditions under which such districts shall not be liable for certain loss, damage, injury, or death.
Referred to the Committee on Judiciary.

HB 1465. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd, Grindley of the 35th, Davis of the 60th and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, rules and regulations, reporting the number of deer killed, and related matters, so as to increase the bag limit for deer.
Referred to the Committee on Game, Fish & Parks.

HB 1466. By Representatives Mobley of the 69th, Pelote of the 149th and Brooks of the 54th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require that the comprehensive character education program developed by the State Board of Education for elementary and secondary schools address methods to discourage sexual harassment; to define a certain term; to require local boards of education to adopt policies that prohibit sexual harassment of a student by another student and provide for the assignment of certain students to alternative schools.
Referred to the Committee on Education.

HB 1467. By Representatives Jones of the 71st, Watson of the 70th, Ragas of the 64th, Reed of the 52nd, Brooks of the 54th and others:
A bill to amend an Act approved March 10, 1965, the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that certain members of the board of directors of such authority shall have no vote on matters before the board.
Referred to the Committee on State Planning & Community Affairs.

HB 1468. By Representatives Smith of the 175th and Smith of the 169th: A bill to amend an Act creating and establishing the Folkston-Charlton County Airport Authority, so as to change the name of the authority to the Charlton-Folkston-Homeland Airport Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1469. By Representatives Smith of the 175th and Smith of the 169th: A bill to provide a homestead exemption from Charlton 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 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

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873

HB 1470. By Representatives Williams of the 114th, Parham of the 122nd, Parrish of the 144th, Channell of the lllth and Walker of the 141st: A bill to amend Code Section 37-2-5.1 of the Official Code of Georgia Annotated, relating to regional board staff and funding, so as to require the executive director and officers of such board to appear and answer questions before the appropriations committees of the Senate and House of Representatives.
Referred to the Committee on Appropriations.
HB 1471. By Representatives Roberts of the 162nd, Dukes of the 161st and Everett of the 163rd: A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to authorize said board to annually appropriate and donate money for purely charitable purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1472. By Representative Mosley of the 171st: A bill to amend an Act providing for the selection of the chief magistrate of the Magistrate Court of Long County, so as to provide that the judge of the Probate Court of Long County shall also serve as the chief magistrate of the Magistrate Court of Long County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1473. By Representative Tolbert of the 25th: A bill to provide for the nomination and election of the probate judge of Jackson County in nonpartisan primaries and elections.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1474. By Representatives Hudson of the 120th and Jackson of the 112th: A bill to amend an Act providing for the Board of Commissioners of McDuffie County, so as to change the compensation of the chairperson.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1475. By Representatives Richardson of the 26th, Ehrhart of the 36th, Trense of the 44th, Wiles of the 34th and Cooper of the 31st: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to require a court or the arresting officer to notify the appropriate school superintendent when a child has been arrested or adjudicated delinquent of certain crimes.
Referred to the Committee on Education.
HB 1476. By Representatives Bohannon of the 139th and Ray of the 128th: A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.

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Referred to the Committee on State Planning & Community Affairs - Local.

HB 1477. By Representative Yates of the 106th: A bill to provide a new charter for the City of Senoia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1478. By Representatives Holland of the 157th and Jenkins of the 110th:
A bill to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclosures, so as to provide for a deed in satisfaction of lien; to provide that the owner of real property subject to a lien created by a deed to secure debt or a judicial or statutory lien may grant a deed in full or partial satisfaction of a lien.
Referred to the Committee on Judiciary.

HB 1479. By Representatives Brown of the 130th, Epps of the 131st, Smith of the 102nd, Westmoreland of the 104th and Byrd of the 170th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to the enrollment of secondary school pupils in postsecondary courses, so as to change the criteria for approval of postsecondary courses for which secondary credit may be granted; to provide for the amount of secondary credit to be earned for satisfactory completion of a course at a postsecondary institution.
Referred to the Committee on Higher Education.

HB 1480. By Representatives Callaway of the 81st, Ehrhart of the 36th, Irvin of the 45th, Reese of the 85th, Evans of the 28th and others:
A bill to amend Chapter 89 of Title 36 of the Official Code of Georgia Annotated, relating to homeowner tax relief grants, so as to provide for an annual appropriation for homeowner tax relief grants; to provide for mandatory adjustment of the amount appropriated in amendments to the General Appropriations Act if such amount is insufficient to fund the eligible assessed value stated in the General Appropriations Act.
Referred to the Committee on Appropriations.

HB 1481. By Representative Callaway of the 81st: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to clarify the definition and registration of bail recovery agents; to provide for qualifications; to provide for a fee.
Referred to the Committee on Special Judiciary.

HB 1482. By Representative Callaway of the 81st:
A bill to amend Code Section 17-6-71 of the Official Code of Georgia Annotated, relating to forfeiture of bail bonds, so as to provide for suspension of certain bondspersons who fail to satisfy a bond forfeiture judgment; to provide for reinstatement; to provide that a bondsperson who is suspended is ineligible to act as a commercial surety in other counties or municipalities.

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875

Referred to the Committee on Special Judiciary.
HB 1483. By Representative Floyd of the 138th: A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to change the loan fees and late fees.

February 14, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1483. This notice is made prior to or upon reading the bill the first time.

Is/ Johnny Floyd Representative 138th District
Referred to the Committee on Banks & Banking.
HB 1484. By Representatives Trense of the 44th, Burkhalter of the 41st, Shaw of the 176th, Stuckey of the 67th and Williams of the 114th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require certain health care coverage for a child's craniofacial care; to provide for a short title and definitions; to provide for notices and prohibit certain penalties.

February 14, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1484. This notice is made prior to or upon reading the bill the first time.

Referred to the Committee on Insurance.

/s/ Sharon R. Trense Representative 44th District

HR 1031. By Representatives Mobley of the 69th and Brooks of the 54th: A resolution creating the House Emergency Motorist Aid Study Committee.
Referred to the Committee on Rules.

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HR 1032. By Representatives Henson of the 65th, Ragas of the 64th, Dix of the 76th, Murphy of the 18th, Jones of the 71st and others: A resolution urging the Stone Mountain Memorial Association to retain Stone Mountain Park as a natural recreation area.
Referred to the Committee on Game, Fish & Parks.

HR 1045. By Representatives Hammontree of the 4th and Mann of the 5th: A resolution designating the Ralph Morgan Parkway.
Referred to the Committee on Transportation.

HR 1046. By Representatives Hammontree of the 4th and Mann of the 5th: A resolution designating the Prater's Mill Parkway.
Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 1493. By Representatives Buckner of the 95th, Channell of the lllth, Coleman of the 142nd, Cummings of the 27th, Murphy of the 18th and others:
A bill to amend Code Section 45-1-4 of the Official Code of Georgia Annotated, relating to protections afforded to public employees making complaints or providing information about fraud, waste, or abuse in state programs and operations, so as to provide that it shall be unlawful for a public employer or public employee with supervisory authority over a subordinate public employee to instruct the subordinate employee not to discuss with certain state officials or officers certain matters involving state funds.

Referred to the Committee on State Planning & Community Affairs.
HB 1500. By Representatives Murphy of the 18th, Hudson of the 156th, Powell of the 23rd, Mosley of the 171st, Purcell of the 147th and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs under the "Quality Basic Education Act," so as to state legislative findings; to define terms; to provide that no public high school which receives funds under said Act shall participate in or sponsor interscholastic competition administered by a high school association unless the high school association meets certain criteria.

Referred to the Committee on Rules.

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

HB 1426 HB 1427 HB 1428 HB 1429

HB 1430 HB 1431 HB 1432 HB 1433

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HB 1434 HB 1435 HB 1436 HB 1437 HB 1438 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443 HB 1444 HB 1445 HB 1446 HB 1447

HB 1448 HB 1449 HR 1010 HR 1011 HR 1012 HR 1015 HR 1016 SB 297 SB 331 SB 346 SB 405 SB 428 SR 172 SR 478

Pursuant to Rule 52, Representative Jennings of the 63rd moved that the following Bill of the House be engrossed:
HB 1437. By Representatives Jennings of the 63rd, Smith of the 12th, Buck of the 135th, Birdsong of the 123rd, Cummings of the 27th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of taxable net income, so as to provide that military income received by a member of the armed services of the United States stationed in a foreign country to a permanent change of station of six months or more as a result of military orders shall not be subject to state income tax.
The motion prevailed.
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 666 Do Pass, by Substitute HB 817 Do Pass, by Substitute
Respectfully submitted, Isl Martin of the 47th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

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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 1395 Do Pass HB 1407 Do Pass

HB 1410 Do Pass HB 1420 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 15, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 19th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS HR 884 "Robert C. Jones Memorial Highway"; designate

DEBATE CALENDAR

HB 1215 HB 1234 HB 1240 HB 1246 HB 1247 HB 1251 HB 1290 HB 1300 HB 1372 HB 1383

Income tax; corporate credits; affiliated entities Clinical laboratories; provisions inapplicable to cert pharmacists Sodomy with person less than 10 years of age; aggravated sodomy State debt; certain contracts and local taxes; nonapplicability Ad valorem tax; exempt property of Elks Lodges Water/Wastewater Treatment Plant Oprs, St Bd; advisory council Utility Facility Protection Act; enact Evidence; privileged medical information; raw research data Atlanta, City of; state court; incorporate certain provisions Malt beverage; redefine; excise tax provisions

HR 851 Childhood care & education; goals; urge state agencies to comply

SR 411 Gen. Assembly Mbr. Convicted of Felony - replacement (CA) (Starr of the 44th)

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

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879

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

HB 1395. By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the corporate limits of the City of Fort Valley 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 118, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 1407. By Representatives Wiles of the 34th, Sauder of the 29th, Ehrhart of the 36th, Grindley of the 35th, 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; to change the provisions relating to the compensation of assistant solicitors.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 1410. By Representatives Porter of the 143rd and Coleman of the 142nd: A bill to amend an Act providing for the Magistrate Court of Laurens County, so as to change the provisions relating to the term of a magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 1420. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th, Wiles of the 34th, Shipp of the 38th and others: A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 4.

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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 300. By Senator Broun of the 46th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide that a qualified charitable gift annuity issued by a charitable organization operated under the University System of Georgia shall not constitute engaging in the business of insurance; to provide for certain notices; to provide for the effects of failure to provide such notices; to provide for related matters.
SB 351. By Senators Egan of the 40th and Scott of the 36th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for additional limitations on the use of multiyear lease, purchase, or lease purchase contracts; to provide for related matters.
SB 359. By Senators James of the 35th, Brown of the 26th, Scott of the 36th and Butler of the 55th:
A bill to amend Code Section 40-6-91 of the Official Code of Georgia Annotated, relating to the right of way in crosswalks, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a painted crosswalk when the pedestrian has stepped onto the roadway on either side of the roadway.
SB 397. By Senator Egan of the 40th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for creation of one or more series of shares within a class of shares; to provide for the number of shares, a distinguishing designation, and the preferences, limitations, and relative rights of the shares in a series; to provide that all shares of a series shall have identical preferences, limitations, and relative rights; to provide for exceptions; to provide for making the characteristics of the shares of a series or the holders thereof dependent upon facts ascertainable outside the articles of incorporation; to provide for a nonexhaustive list of characteristics of the shares of a series; to provide for effective dates.
SB 407. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:
A bill to be known as the "Georgia Protection of Elder Persons and Disabled Adults Act of 2000"; to amend Chapters 5, 6, 8, and 9 of Title 16 of the O.C.G.A., relating respectively to crimes against the person, sexual offenses,

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881

theft, and forgery and fraudulent practices; Chapters 3 and 8 of Title 17 of the O.C.G.A., relating respectively to limitations on prosecution and trial; Chapter 3 of Title 24 of the O.C.G.A., relating to hearsay; Chapters 1 and 5 of Title 30 of the O.C.G.A., relating respectively to general provisions relative to handicapped persons and protection of disabled adults and elder persons, so as to provide for increased penalties for certain crimes committed against elder persons and certain disabled adults.

HB 455. By Representatives Smith of the 169th, Coleman of the 142nd, Benefield of the 96th and others:
A bill to amend Code Section 28-10-1 of the Official Code of Georgia Annotated, relating to creation and membership of the Georgia Rail Passenger Authority Overview Committee, so as to change certain provisions relating to number of members and appointment thereof.

The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 265. By Representatives Watson of the 70th, Davis of the 60th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
HB 734. By Representatives Childers of the 13th and Parsons of the 40th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secretary of the state examining boards and provide for actions taken prior to such abolition.

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 388. By Senators Crotts of the 17th and Guhl of the 45th: A resolution honoring Bernie Bourdon and designating the Bernie Bourdon Memorial Bridge.
SR 403. By Senator Hooks of the 14th: A resolution designating the Jonathan Jackson McCants Bridge.
SR 502. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th: 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 Chatham County, Georgia; authorizing the conveyance of certain state owned real

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property in Coffee 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 Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Houston County, Georgia.

SR 503. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
A resolution authorizing the conveyances of certain state owned parcels of real property located in Chatham County, Georgia; authorizing the extension of a lease of certain state owned real property located in Fulton County, Georgia; authorizing the exchange of certain state owned parcels of real property located in Dawson, Lumpkin, Union and Gilmer Counties, Georgia.

SR 516. By Senators Dean of the 31st, Starr of the 44th and Johnson of the 1st:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd, Carroll, Spalding, Coweta, Heard, and Pike Counties, Georgia.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 300. By Senator Broun of the 46th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide that a qualified charitable gift annuity issued by a charitable organization operated under the University System of Georgia shall not constitute engaging in the business of insurance; to provide for certain notices; to provide for the effects of failure to provide such notices; to provide for related matters.
Referred to the Committee on Higher Education.
SB 351. By Senators Egan of the 40th and Scott of the 36th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for additional limitations on the use of multiyear lease, purchase, or lease purchase contracts; to provide for related matters.
Referred to the Committee on Judiciary.
SB 359. By Senators James of the 35th, Brown of the 26th, Scott of the 36th and others: A bill to amend Code Section 40-6-91 of the Official Code of Georgia Annotated, relating to the right of way in crosswalks, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a painted crosswalk when the pedestrian has stepped onto the roadway on either side of the roadway.
Referred to the Committee on Motor Vehicles.

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883

SB 397. By Senator Egan of the 40th:
A bill to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for creation of one or more series of shares within a class of shares; to provide for the number of shares, a distinguishing designation, and the preferences, limitations, and relative rights of the shares in a series; to provide that all shares of a series shall have identical preferences, limitations, and relative rights; to provide for exceptions; to provide for making the characteristics of the shares of a series or the holders thereof dependent upon facts ascertainable outside the articles of incorporation; to provide for a nonexhaustive list of characteristics of the shares of a series; to provide for effective dates.
Referred to the Committee on Judiciary.
SB 407. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:
A bill to be known as the "Georgia Protection of Elder Persons and Disabled Adults Act of 2000"; to amend Chapters 5, 6, 8, and 9 of Title 16 of the O.C.G.A., relating respectively to crimes against the person, sexual offenses, theft, and forgery and fraudulent practices; Chapters 3 and 8 of Title 17 of the O.C.G.A., relating respectively to limitations on prosecution and trial; Chapter 3 of Title 24 of the O.C.G.A., relating to hearsay; Chapters 1 and 5 of Title 30 of the O.C.G.A., relating respectively to general provisions relative to handicapped persons and protection of disabled adults and elder persons, so as to provide for increased penalties for certain crimes committed against elder persons and certain disabled adults.
Referred to the Committee on Judiciary.
SR 388. By Senators Crotts of the 17th and Guhl of the 45th:
A resolution honoring Bernie Bourdon and designating the Bernie Bourdon Memorial Bridge.
Referred to the Committee on Transportation.
SR 403. By Senator Hooks of the 14th:
A resolution designating the Jonathan Jackson McCants Bridge.
Referred to the Committee on Transportation.
SR 502. By Senators Dean of the 31st, Johnson of the' 1st and Starr of the 44th:
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 Chatham County, Georgia; authorizing the conveyance of certain state owned real property in Coffee 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 Fulton County, Georgia; authorizing the conveyance of certain state owned real property located in Houston County, Georgia.

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JOURNAL OF THE HOUSE

Referred to the Committee on State Institutions & Property.

SR 503. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
A resolution authorizing the conveyances of certain state owned parcels of real property located in Chatham County, Georgia; authorizing the extension of a lease of certain state owned real property located in Fulton County, Georgia; authorizing the exchange of certain state owned parcels of real property located in Dawson, Lumpkin, Union and Gilmer Counties, Georgia.
Referred to the Committee on State Institutions & Property.

SR 516. By Senators Dean of the 31st, Starr of the 44th and Johnson of the 1st:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd, Carroll, Spalding, Coweta, Heard, and Pike Counties, Georgia.
Referred to the Committee on State Institutions & Property.

Representative Royal of the 164th 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 Resolution of the House was taken up for consideration and read the third time:
HR 884. By Representative Martin of the 145th: A resolution designating a portion of State Highway 17 as the "Robert C. Jones 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
Bailey
Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch

Y Bunn Y Burkhalter Y Byrd Y Callaway
Y Campbell Y Cash Y Channel! 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 Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Epps Y Evans Y Everett Y Felton
Floyd Y Franklin
Y Golick Y Graves

Y Greene Y Grindley Y Hammontree Y Banner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Hembree
Y Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens
Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L
Y James 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
Mobley Y Morris Y Mosley Y Mueller Y (Weal Y Orrock Y Parham E Parrish Y Parsons

TUESDAY, FEBRUARY 15, 2000

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

Y Rogers Y Royal Y Sanders Y Sauder
Scarlett Y Scheid Y Scott
Shanahan Y Shaw Y Shipp E Sholar
Sims 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
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper

885
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
Yates Murphy, Spin-

On the adoption of the Resolution, the ayes were 146, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was read:
HR 1047. By Representative Murphy of the 18th
A RESOLUTION
Requesting the Attorney General to provide legal representation in connection with a certain matter; and for other purposes.
WHEREAS, there has been filed in the United States District Court for the Northern District of Georgia Civil Action No. 1 00 CV 0273 under the style DeJulio, et al. v. State of Georgia, et al.; and
WHEREAS, said civil action challenges, and requests certain injunctive relief with respect to, the method of enactment of local legislation by the General Assembly; and
WHEREAS, said civil action in its caption names as parties defendant, among others, the Georgia House of Representatives, the Fulton County House Delegation, the Chairperson of the Fulton County House Delegation, and certain House delegations described as unknown; and
WHEREAS, said civil action in its caption also names as parties defendant, among others, the Governor and the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby requests the Attorney General of the State of Georgia to provide appropriate legal representation in said matter for the Georgia House of Representatives.
BE IT FURTHER RESOLVED that this body further requests the Attorney General to provide appropriate legal representation in said matter for any delegation or member of the House who may be now or hereafter properly made a party defendant in said matter, unless such delegation or member notifies the Attorney General that such delegation or member does not desire that such representation be provided by the Attorney General.

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JOURNAL OF THE HOUSE

BE IT FURTHER RESOLVED that the Clerk of the House shall transmit an appropriate copy of this resolution to the Attorney General.

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

Y Davis, T YDay
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 Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard 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
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 OTSTeal Y Orrock Y Parham E 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
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 E Sholar
Sims 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 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 E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 153, nays 0.
The Resolution was adopted.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1048. By Representatives Walker of the 141st, Benefield of the 96th, Murphy of the 18th, Buck of the 135th and Coleman of the 142nd: A resolution honoring Commissioner Wayne Shackelford; inviting Commissioner Shackelford to appear before and address the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

TUESDAY, FEBRUARY 15, 2000

887

HB 1215. By Representatives Channell of the lllth, Walker of the 141st, Coleman of the 142nd, Fairish of the 144th and Parham of the 122nd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the assignment of certain corporate income tax credits; to provide for assignment between additional types of affiliated entities.
The following Committee substitute was read and adopted: A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the assignment of certain corporate income tax credits; to provide for assignment between additional types of affiliated entities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking Code Section 48-7-42, relating to assignment of corporate income tax credits, and inserting in its place a new Code Section 48-7-42 to read as follows:
"48-7-42.
(a) As used in this Code section, the term 'affiliated entity' means:
(1) A corporation that is a member of the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code; or
(2) An entity affiliated with a corporation, business, partnership, or limited liability corporation taxpayer, which entity:
(A) Owns or leases the land on which a project is constructed;
(B) Provides capital for construction of the project; and
(C) Is the grantor or owner under a management agreement with a managing company of the project.
(a)(b) In lieu of claiming any Georgia income tax credit for which a corporate taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayer's $reercdit precredit income tax liability), the taxpayer may elect to assign such credit in its entirety to another corporation that is a member of the taxpayer's 'affiliated group' (within the meaning of Section 1604(a) of the Internal Revenue Code) affiliated entity for such taxable year by attaching a statement to the taxpayer's return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (e) (d) of this Code section. In the case of any credit that must be claimed in installments in more than one taxable year, the election under this subsec-

888

JOURNAL OF THE HOUSE

tion may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the commissioner with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the time of filing of the taxpayer's state income tax return for such taxable year. Once made, an election under this subsection shall be irrevocable.
(bKc) The recipient of a tax credit assigned under subsection (a) (b) of this Code section shall attach a statement to its return identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit.
(eXd) If the assignor and the recipient of a tax credit assigned under subsection (a) (b) of this Code section cease to be members of the same affiliated group entities, any carryover attributable to the unused portion of such credit shall be transferred back to the assignor of the credit. Such assignor shall be permitted to use any such carryover itself, and also shall be permitted to assign such carryover to a member of the a3 signer's to another affiliated group entity, as if such carryover were an income tax credit for which the assignor became eligible in the taxable year in which the carryover was transferred back to the assignor.
(trXe) The assignor and recipient of a tax credit assigned under subsection (a) (b) of this Code section shall be jointly and severally liable for any tax (plus interest and penalties, if any) attributable to the disallowance or recapture of the assigned credit."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January .1, 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 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 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 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 Manner Y Harbin Y Harrell

Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley 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 Parhara
E Parrish Parsons
Y Pelote Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell Y Ragas

TUESDAY, FEBRUARY 15, 2000

Y 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
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
E Teague Y Teper Y Tillman Y Tolbert

889
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, Spin-

On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Hembree of the 98th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.
HB 1240. By Representatives Campbell of the 42nd and Massey of the 86th: A bill to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy.

Representative Bunn of the 74th moved that HB 1240 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
Bannister Barnard N Barnes N Benefield Birdsong
N Bohannon N Bordeaux N Borders Y Bridges N Brooks N Brown
N Buck N Buckner N Bulloch Y Bunn N Burkhalter
N Byrd N Callaway

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

N Dukes N Ehrhart N Epps E Evans
N Everett N Pelton
Floyd N Franklin N Golick
N Graves N Greene N Grindley N Hammontree N Hanner Y Harbin
Y Harrell N Heard N Heckstall N Hegstrom
Hembree
Henson N Holland

N Holmes N Houston Y Howard N Hudgens
N Hudson, H N Hudson, N N Hugley N Irvin N Jackson, B
N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones
N Joyce N Kaye
Lane N Lewis Y Lord
Lucas N Maddox

N Mann Manning Martin, J
N Martin, J.L
N Massey N McBee N McCall N McClinton N McKinney
N Millar N Mills N Mobley N Morris N Mosley N Mueller
N O'Neal Orrock Parham
E Parrish N Parsons
N Pelote N Pinholster

890
Y Poag N Ponder
Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece Y Reed N Reese N Reichert N Rice

JOURNAL OF THE HOUSE

N Richardson Y Roberts N Rogers N Royal
N Sanders Sauder
N Scarlett N Scheid N Scott N Shanahan N Shaw
N Shipp N 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 N Smith, T N Smith, V
Smyre
N Snelling N Snow N Squires

N Stallings N Stancil N Stanley, P N Stanley-Turner
N Stephens N Stokes Y Stuckey N Taylor E Teague N Teper N Tillman
N Tolbert N Trense
Turnquest

N Twiggs N Unterman N Walker, L N Walker, E.L
N Watson N West N Westmorland N Whitaker N Wiles
Williams, J Y Williams, R
N Wix N Yates
Murphy, Spkr

On the motion, the ayes were 14, nays 138.
The motion was lost.
The following Committee substitute was read: A BILL
To amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"16-6-2.
(a) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten nor more than 20 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."

TUESDAY, FEBRUARY 15, 2000

891

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

The following amendment was read:

Representative Walker of the 87th moves to amend the Committee substitute to HB 1240 as follows:
Page 1, line 3, strike "ten" add "thirteen"
Page 1, line 19, strike "ten" add "thirteen".

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

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

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

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

Y Pelote N Pinholster
N Poag N Ponder N Porter
Powell N Purcell
N Ragas N Randall
Y Ray N Reaves N Reece
Reed
Y Reese N Reichert N Rice Y Richardson N Roberts Y Rogers N Royal N Sanders
Sauder N 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 N Smith, C.W N Smith, L

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

On the adoption of the amendment, the ayes were 56, nays 100. The amendment was lost.
The following amendment was read:

892

JOURNAL OF THE HOUSE

Representative Walker of the 87th moves to amend the Committee substitute to HB 1240 as follows:
Page 1, line 3, strike "ten" add "twelve"
Page 1, line 19, strike "ten" add "twelve".

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

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

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

N Pelote N Pinholster Y Poag N Ponder
Porter Powell N Purcell N Ragas N Randall Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice Y Richardson N Roberts Y Rogers N Royal Y Sanders 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 Y Smith, T Y Smith, V
Smyre Y Snelling N Snow N Squires N Stallings N Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor E Teague N Teper N Tillman N Tblbert N Trense
Tumquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland
Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 58, nays 99. The amendment was lost.
The following amendment was read:
Representative Walker of the 87th moves to amend the Committee substitute to HB 1240 as follows: Page 1, line 3, strike "ten" add "eleven"

TUESDAY, FEBRUARY 15, 2000

893

ge 1, line 19, strike "ten" add "eleven".

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

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

N Hugley N Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord
Lucas N Maddox Y Mann Y Manning
Martin, J N Martin, J.L N Massey N McBee N McCall N McClmton N McKinney Y Millar Y Mills N Mobley Y Morris N Mosley Y Mueller N O'Neal N Orrock N Parham E 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 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 Y Smith, T Y Smith, V
Smyre Y Snelling N Snow Y Squires N Stallings N Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor E Teague N Teper N Tillman N Tolbert N Trense
Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 61, nays 104. The amendment was lost.

The Committee substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield

Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash

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

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B

894
Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Pelton
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
Hembree Y Henson Y Holland Y Holmes Y Houston

JOURNAL OF THE HOUSE

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 Millar
Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham E Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell "I Purcell Y Eagas Y 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 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 E 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, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Hembree of the 98th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1215 was ordered immediately transmitted to the Senate.
HB 1246. By Representatives Davis of the 132nd, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd and others:
A bill to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide for nonapplicability to certain contracts of certain provisions providing for nonapplicability of certain exemptions from local taxes.

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

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

Y Alien Y Anderson Y Ashe Y Bailey

Y Bannister Y Barnard Y Barnes Y Benefield

Birdsong Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter

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

TUESDAY, FEBRUARY 15, 2000

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

Y Lewis Y Lord
Lucas Y Maddox Y Mann
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 E Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas

Y Randall Y Ray Y Heaves 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
Smith, T Y Smith, V

895
Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmorland Y Whitaker Y Wiles
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.
Due to a mechanical malfunction, the vote of Representative Jones of the 71st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1234. By Representatives Stephens of the 150th, Childers of the 13th, West of the 101st, Jones of the 71st, Parham of the 122nd and others: A bill to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to change the provisions relating to applicability.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend HB 1234 as follows: On page 2, line 6, change the period to a comma, and add the following:
", so long as such capillary blood tests are available to and for use by the public without licensure of the user of the test."

896

JOURNAL OF THE HOUSE

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

On the passage of the Bill, as amended, the 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 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
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
Dukes Ehrhart Y Epps E Evans Y Everett Y Felton Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree 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 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
Mueller Y O'Neal Y Orrock Y Parham E 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
Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, H.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Williams, R 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.
Representative Williams of the 114th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 1247. By Representatives Jennings of the 63rd, Davis of the 60th, Smith of the 103rd, Mann of the 5th and Day of the 153rd: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide an ad valorem tax exemption with respect to property of Elks Lodges.
Representative Howard of the 118th moved that HB 1247 be placed upon the table.

TUESDAY, FEBRUARY 15, 2000

897

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

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

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

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

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

N Smith, L.R N Smith, P
Smith, T N Smith, V N Smyre E Snelling N Snow N Squires N Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens N Stokes N Stuckey Y Taylor E Teague Y Teper N Tillman N Tolbert N Trense Y 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
Yates Murphy, Spkr

On the motion, the ayes were 26, nays 132. The motion was lost.

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

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

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

Y Bulloch Bunn Burkhalter
Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford

Y Cummings Y Davis, M E Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Ehrhart Y Epps E Evans Y Everett Y Felton Floyd

Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall N Hegstrom Y Hembree Y Henson Y Holland N Holmes Y Houston

Y Howard Y Hudgens Y Hudson, H Y Hudson, N N Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis

898
Y Lord Lucas
N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley Y Mueller Y O'Neal

JOURNAL OF THE HOUSE

Orrock Y Parham E Parrish Y Parsons N Pelote Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Hagas
Y Randall
Ray Y Reaves Y Reece
Y Reed Y Reese
Y Reichert

Y Rice Y Richardson N Roberts Y Rogers Y Royal Y Sanders
Y Sauder 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
Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Y Stanley, P
Y Stanley-Turner Y Stephens Y Stokes
Y Stuckey N Taylor
E Teague

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

On the passage of the Bill, the ayes were 149, nays 12.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
HB 1290. By Representatives Wix of the 33rd, Hudson of the 156th, Skipper of the 137th, Reichert of the 126th, Powell of the 23rd and others:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting.
The following Committee substitute was read:
A BILL
To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting; to provide procedures for notifying facility owners and operators of proposed excavating or blasting in the vicinity of utility facilities; to provide for the operation of the utilities protection center; to provide for the membership of the utilities protection center; to provide for the duties of utility owners or operators receiving notice of excavating or blasting; to provide a standard system of marking underground utility facilities; to provide for a system of notifying persons engaged in excavating or blasting of the presence of utility facilities in the area subject to excavating or blasting; to provide for proper excavating procedures to be carried out in the vicinity of utility facilities; to provide for procedures to be followed during emergency excavating and blasting activities; to provide for the enforcement of this Act; to provide for the establishment of an advisory committee to assist in the enforcement of this Act; to provide for the membership, purposes, powers, and immunities of the advisory committee; to provide for

TUESDAY, FEBRUARY 15, 2000

899

the liability of persons violating the provisions of this Act; to provide penalties for the violation of the provisions of this Act; 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 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 9 to read as follows:
"CHAPTER 9
25-9-1.

This chapter shall be known and may be cited as the 'Georgia Utility Facility Protection Act.'

JSO m V~ J. i&U~ jg~Atm
The purpose of this chapter is to protect the public from physical harm, prevent injury to persons and property, and prevent interruptions of utility and cable television service resulting from damage to gaa pipca and other underground utility facilities caused by blasting or excavating operations by providing a method whereby the location of underground gaa pipca and other utility facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gaa pipca and other utility facilities.
25"U a 25-9~o.
As used in this chapter, the term:
(1) 'Abandoned utility facility' means a utility facility taken out of service by a facility owner or operator on or after January 1, 2001.
'Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent.
{3X3) 'Business days' means Monday through Friday, excluding the following holidays: New Year's Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the preceding Friday. Any such holiday that falls on a Sunday shall be observed on the following Monday.
(3K4) 'Business hours' means the time from 7:00 A.M. to 4:30 P.M. local time on business days.
(5) 'Commission' means the Public Service Commission.

900

JOURNAL OF THE HOUSE

(4X6) 'Corporation' means any corporation; municipal corporation; county; authority; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing.
(6) 'Distribution of gas' means the distribution or furnishing of gaa to the ultimate consumer through the use of underground pipes or other facilities and includes, but ia not limited to, the distribution of gas pursuant to a certificate of public eonvc nicncc and necessity issued by the Public Service Commiaaion.
(7) 'Damage' means any impact or exposure that results in the need to repair a utility facility due to the weakening or the partial or complete destruction of the facility including, but not limited to, the protective coating, lateral support, cathodic protection, or the housing for the line, device, or facility.
(8) 'Design locate request' means a communication to the utilities protection center in which a request for locating existing utility facilities for bidding, predesign, or advance planning purposes is made. A design locate request may not be used for excavation purposes.
(9) 'Emergency* means a sudden or unforeseen occurrence involving a clear and imminent danger to life, health, or property; the interruption of utility services; or repairs to transportation facilities that require immediate action.
(10) 'Emergency notice' means a communication to the utilities protection center to alert the involved facility owners or operators of the need to excavate due to an emergency that requires immediate excavation.
(6K11) 'Excavating" means any operation by which the level or grade of land is changed or earth, rock, or other material below existing grade is moved and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, directional boring, and pile driving. Such term, however, does not include routine road surface scraping maintenance, public road maintenance activities within the righta of way of a public road on the state highway ayatcm, the county road system, or the city street system. 'Excavating* shall not mean routine roadway maintenance activities carried out by employees of the Georgia Department of Transportation acting within the scope of their employment, provided such activities occur entirely within the right of way of a public road, street, or highway of the state; are carried out with reasonable care so as to protect any utility facilities placed in the right of way by permit; are carried out within the limits of any original excavation on the traveled way, shoulders, or drainage features of a public road, street, or highway, and does not exceed 18 inches in depth below the grade existing prior to such activities; and, if involving the replacement of existing structures, replace such structures in their previous locations and at their previous depth.
(7) 'Gas' means any flammable gaaeous matter and includes, but is not limited to, natural gas, manufactured gas, liquefied petroleum gaa, and any material composed predominantly of any of the following hydroearbona or mixturca of the same! mcth anc, propane, propylcnc, butane, or butylcnc. The term 'gas' ahall alao include liquid petroleum products.
(12) 'Excavator' means any person engaged in excavating or blasting as defined in this Code section.

TUESDAY, FEBRUAEY 15, 2000

901

(13) 'Extraordinary circumstances' means circumstances other than normal operating conditions which exist and make it impractical or impossible for a facility owner or operator to comply with the provisions of this chapter. Such extraordinary circumstances may include, but shall not be limited to, hurricanes, tornadoes, floods, ice and snow, and acts of God.
(14) 'Facility owner or operator* means any person or entity who owns, operates, or controls the operation of a utility facility as defined in this Code section, for the purpose of commercial enterprise.
(15) 'Locate request' means a communication between an excavator and the utilities protection center in which a request for locating utility facilities is processed.
(8X16) 'Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating, including, without limitation, bulldozcra, baokhoca, power ahovcls, acrapcra, draglinca, elamahclla, augers, drills, and pile drivcra.
(9X17) 'Person' means an individual, firm, joint venture, partnership, association, municipality, state, or other governmental unit, authority, department, agency, or~a corporation and shall include any trustee, receiver, assignee, employee, agent, or personal representative thereof. Such term, however, doca not include and no provi aion of thia chapter ohall apply to any excavating done by a railroad when aaid cxca vating ia made entirely on the land which the railroad owns or on which the railroad opcratoa or, in the event of emergency, on adjacent land. Such term, however, alao doca not include and ahall not apply to the Department of Transportation or its officers or employees when excavating, blasting, or operating mechanized excavating equipment anywhere within public road righta of way.
(10) 'Railroad' mcana all corporationa, companion, or individual owning or operating any railroad line or railroad company in thia atatc.
(44X18) 'Service area' means a contiguous area or territory which encompasses the underground distribution system or network of gaa pipca or other underground utility facilities by means of which a utility facility owner or operator provides utility service.
(12) Tronamiaaion of gaa' mcana the tronamiaaion or transportation of gaa through the uac of underground pipca or other facilities and includes, but ia not limited to, the tranaportation or tranamiasion of gao in interstate commerce purauant to a ecr tificatc of public convenience and ncccaaity iaaucd by the Federal Energy Regulatory Commiaaion and the tronamiaaion or transportation of gaa in intraatatc commerce pursuant to a certificate of public convenience and ncccaaity iaaucd by the Public Service Commiaaion.
(19) 'Ticket Information Exchange System' means the automated information system to be installed and operated by the utilities protection center that will allow the excavator to determine locate ticket status from information provided by the facility owner or operator.
(20) 'Tolerance zone' means the width of the utility facility plus 24 inches on either side of the outside edge of the utility facility on a horizontal plane.

902

JOURNAL OF THE HOUSE

(13)(21) 'Utilities protection center' or 'center' means the corporation or other organization formed by utilitica facility owners or operators to provide a joint telephone number notification service for the purpose of receiving advance notification from persons planning to blast or excavate and distributing such notifications to its affected utility facility owner or operator members.
(14) 'Utility* mcana any person operating or maintaining gas pipes or other under ground utility facilities.
)(22) 'Utility facility' means underground maina, pipca, conduits, eabloa, dueta, wires, fiber optic or photonic linca, or other atructurca operated or maintained by utilitica in connection with the otoragc, conveyance, distribution, or tranamiaaion of gas, electric energy, telephone or telegraphic, cable tclcviaion or video communica tiona, water, waatc water, or aowagc an underground or submerged conductor, pipe, or structure used in providing electric or communications service, or an underground or submerged pipe used in carrying, providing, or gathering gas, oil or oil products, sewage, waste water, storm drainage, water or other liquids, and appurtenances thereto. This does not include utility facilities owned by a homeowner for service at the homeowner's residence.
OC O Q JJU J U.
Reserved.
25-9-4.

(a) Any person may submit a design locate request to the utilities protection center. Such design locate request shall:
(1) Describe the tract or parcel of land for which the design locate request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the facility owner or operator to ascertain the precise tract or parcel of land involved; and
(2) State the name, address, and telephone number of the person who has submitted the design locate request, as well as the name, address, and telephone number of any other person authorized to review any records subject to inspection as provided in paragraph (3) of subsection (b) of this Code section.
(b) Within ten working days after a design locate request has been submitted to the utilities protection center for a proposed project, the facility owner or operator shall respond by one of the following methods:
(1) Designate in accordance with Code Section 25-9-9 the location of all utility facilities within the area of the proposed excavation;

__________________ ing

_____ ___ ______ ___

description of all utility facilities in the area of proposed excavation, which might in-

clude drawings of utility facilities already built in the area, or other facility records

that are maintained by the facility owner or operator; or

(3) Allow the person submitting the design locate request or any other authorized person to inspect or copy the drawings or other records for all utility facilities within the proposed area of excavation.

TUESDAY, FEBRUARY 15, 2000

903

26 0 4 25-9-5.
(a) All utilities facility owners or operators operating or maintaining underground utility facilities within the state shall participate as members in and cooperate with the utilities protection center. No duplicative center shall be established. The activities of the center shall be funded by all utilities.
(b) The utilities protection center shall maintain a list showing the counties within which ita participating utilitica maintain gas pipes and other underground utility faeil itica. The center shall also maintain a liat of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of gas pipes and other underground utility facilities of its participating utilitica facility owners or operators may be obtained during business hours on business days.
gg c\ c

Reserved.

(a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating, at least 73 hours prior to commencement of the work, has given 48 hours' notice by submitting a locate request to the utilities protection center, beginning the next business day after such notice is provided, excluding hours during days other than business days, haa given actual notice to the utilitica protection center, which notice. Any locate request received by the utilities protection center after business hours shall be deemed to have been received by the utilities protection center the next business day. Such locate request shall:
(1) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity, as defined by policies developed and promulgated by the utilities protection center, to enable the utility facility owner or operator to ascertain the precise tract or parcel of land involved;
(2) State the name, address, and telephone number of the person who will engage in the blasting or excavating and atatc whether such person desires to be notified in the event there arc no utility facilities present on the tract or parcel specified;
(3) Describe the type of blasting or excavating to be engaged in by the person; and
(4) Designate the date upon which the blasting or excavating will commence.
(b) Whenever any blaoting or excavating with mechanized excavating equipment io undertaken on a project on the public road ayatcm under contract with the Depart mcnt of Transportation, the notice required under aubacction (a) of thia Code section shall be deemed to have been given for all utility facilities other than gas which arc ahown on the project plans and for which a notice of contract award and a notice of proeonatruetion conference have been mailed to the utility by the Department of Transportation. Nothing contained in thia oubacction shall be construed to relieve any person under contract with the Department of Transportation of the duties act forth in Code Section 26 0 8 aa to all underground utility facilities.

904

JOURNAL OF THE HOUSE

(e) In the event that the blasting or excavating work which ia the subject of the notice given pursuant to subacetion (a) of this Code acction will not be completed within 17 days following the date of auch notice, then no later than 14 days following auch date of notice an additional notice muat bo given in accordance with aubacction (a) of this Code acetion.
(b) In the event the location upon which the blasting or excavating is to take place cannot be described with sufficient particularity to enable the facility owner or operator to ascertain the precise tract or parcel involved, the person proposing the blasting or excavating shall mark the route or boundary of the site of the proposed blasting or excavating by means of white paint, white stakes, or white flags if practical, or schedule an on-site meeting with the locator or facility owner and inform the utility protection center, within a reasonable time, of the results of such meeting.
(c) Except as otherwise provided in this subsection, notice given pursuant to subsection (a) of this Code section shall expire 21 calendar days following the date of such notice, and no blasting or excavating undertaken pursuant to this notice shall continue after such time has expired. In the event that the blasting or excavating which is the subject of the notice given pursuant to subsection (a) of this Code section will not be completed within 21 calendar days following the date of such notice, an additional notice must be given in accordance with subsection (a) of this Code section for the locate request to remain valid.
(d) Except for those persons submitting design locate requests, no person, including facility owners or operators, shall request marking of a site through the utilities protection center unless excavating is scheduled to commence. In addition, no person shall make repeated requests for re-marking, unless the repeated request is required for excavating to continue or due to circumstances not reasonably within the control of such person. Any person who willfully fails to comply with this subsection shall be strictly liable to the facility owner or operator for three times the cost of marking the utility facility, not to exceed $1,000.00.
(etXe) If, subsequent to giving the notice to the utilities protection center required by subsection (a) of this Code section, a person planning excavating determines that such work will require blasting, then such person shall promptly so notify the utilities protection center and shall refrain from any blasting until the facility owner or operator responds within 24 hours, excluding hours during days other than business days, following receipt by the utilities protection center of such notice.
25-9-7.
(a) Within ^ 48 hours, excluding hours during daya other than business doya, beginning the next business day after the business day following receipt by the utilities protection center of actual notice the locate request filed in accordance with Code Section 25-9-6, excluding hours during days other than business days, each utility facilit; owner or operator shall atakc or othcrwiac mark determine wwhh<ether or not utility facilities are located on the tract or parcel of land upon which the excavating or blasting is to occur. If utility facilities are determined to be present, the facility owner or operator shall designate, through stakes or other marks on the surface of the tract or parcel of land, to indicate the location of gaa pipes or other underground utility facilities. In the event of extraordinary circumstances, the facility owner or operator shall notify the utilities protection center as provided in subsection (c) of this Code section. Such markings designation of the location of utility facilities through staking or marking shall be in accordance with the following color code; American Public Works Association (APWA) color code in place at the time the location of the utility facility is designated.

TUESDAY, FEBRUARY 15, 2000

905

(1) Safety Red ahall be used to mark electric power distribution and transmiaaion

(3) High Viaibility Safety Yellow ahall be used to mark gaa and oil diatribution and transmiaaion facilitica;
(3) Safety Alert Orange ahall be used to mark telephone, telegraph, cable television, video, and other tclccommunicationa facilities;
(4) Safety Precaution Blue shall be uacd to mark water syatcma facilities; and
(6) Safety Green ahall be used to mark acwcr systems facilities.
If the person planning the blaoting or excavating has stated pursuant to paragraph (3) of subsection (a) of Code Section 26 0 6 that he dosirca to be notified in the event there arc no utility facilities present on the tract or parcel specified, then each utility ahall attempt to so notify such person by telephoning such person at the number fur nishcd pursuant to paragraph (2) of subsection (a) of Code Section 26 9 6.
(b) Each facility owner or operator, either upon determining that no utility facility is present on the tract or parcel of land or upon completion of the designation of the location of any utility facilities on the tract or parcel of land as required by subsection (a) of this Code section, shall provide this information to the utilities protection center in accordance with procedures developed by the utilities protection center, and which may include the use of the Ticket Information Exchange System. In no event shall such notice be provided later than midnight of the second business day following receipt by the utilities protection center of actual notice filed in accordance with Code Section 25-9-6.
(c) In the event the facility owner or operator is unable to designate the location of the utility facilities due to extraordinary circumstances, the facility owner or operator shall notify the utilities protection center and provide an estimated completion date in accordance with procedures developed by the utilities protection center, which may include the use of the Ticket Information Exchange System.
(d) If, at the end of the time period specified in subsection (a) of this Code section, any facility owner or operator has not complied with the requirements of subsections (a) and (b) of this Code section, the utilities protection center shall issue a second request to each such facility owner or operator. If the facility owner or operator does not respond to this additional request by 12:00 Noon of that business day, either by notifying the utilities protection center in accordance with procedures developed by the utilities protection center that no utility facilities are present on the tract or parcel of land, or by designating the location of such utility facilities, then the person providing notice pursuant to Code Section 25-9-6 may proceed with the excavating or blasting, provided there is no visible and obvious evidence of the presence of an unmarked utility facility on the tract or parcel of land. Such person shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating, provided such person complies with the requirements of Code Section 25-9-8.
(e) All utility facilities installed by facility owners or operators on or after January 1, 2001, shall be installed in a manner which will make them locatable using a generally accepted electronic locating method by facility owners or operators.
(f) Facility owners or operators shall either maintain in a data base information concerning the location and other characteristics of abandoned utility facilities, maintain such abandoned utility facilities in a locatable manner, or remove such abandoned utility facilities. Facility owners or operators shall provide information on abandoned

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utility facilities, when possible, in response to a locate request or design locate request. When the presence of an abandoned facility within an excavation site is known, the facility owner or operator should attempt to locate and mark the abandoned facility, or provide information to the excavator regarding such facilities. When located or exposed, all abandoned utility facilities shall be treated as live utility facilities.

(a) Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, or loosen, or remove lateral support from or around any gas pipe or other underground utility facility which has been staked or marked in accordance with this chapter; provided, however, that nothing in this chap tor shall bo construed or applied to limit or reduce the duty of a person engaged in blaating or excavating in the vicinity of gaa pipco or other underground utility facili ties, irrespective of whether the game have been staked or marked as provided in this cnaptcr.
(b) When excavating or blasting is to take place within the tolerance zone, the excavator shall exercise such reasonable care as may be necessary for the protection of the utility facility. This protection shall include, but may not be limited to, hand digging, pot holing, soft digging, vacuum excavation methods, pneumatic hand tools, other mechanical methods with the approval of the facility owner or operator, or other generally accepted methods. For parallel type excavations, the existing facility shall be exposed at intervals as often as necessary to avoid damages.
(c) Any person engaged in blasting or in excavating with mechanized excavating equipment who strikes, damages, injures, or loosens any utility facility, regardless of whether the utility facility is marked, shall immediately cease such blasting or excavating and notify the utilities protection center and the appropriate facility owner or operator, if known. Upon receiving notice from the excavator or the utilities protection center, the facility owner or operator shall send personnel to the location as soon as possible to effect temporary or permanent repair of the damages. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility except as provided in Code Section 25-9-12.
25-9-9.
(a) For the purposes of this chapter, information concerning the location of gas pipes and other underground utility facilities which is given provided by a utility facility owner or operator to any person must be accurate to within 24 inches measured horizontally from the outer edge of either side of such utility facilities. If any gas pipe or other underground utility faeilitioa become facility becomes damaged by an excavator due to the furnishing of inaccurate information as to their location by the utility facility owner or operator, the liabilities impoood by this chapter shall not apply such excavator shall not be subject to any liability resulting from damage to the utility facility as a result of the blasting or excavating provided such person complies with the requirements of Code Section 25-9-8 and there is no visible and obvious evidence to the excavator of the presence of a mismarked utility facility.
(b) Upon documented evidence that the person seeking information as to the location of gaa pipoa or other underground utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the utility facility owners or operators, the utility facility owners or operators shall be liable to that person for his any such losses or expenses.

TUESDAY, FEBRUARY 15, 2000

907

25-9-10.

This chapter does not affect and is not intended to affect any right, title, power, or interest which any utility facility owner or operator may have with relation to any utility facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the utility facility is located.
25-9-11.

This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any gaa pipe or other underground utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever.
25-9-12.

If an emergency ariaca which presents an immediate and substantial danger to life, health, or property or which requires the oatabliahmcnt or restoration of gaa, electric, communication, rail, or other oaocntial public services, it shall be lawful for the person who undertaken to prevent ouch danger to life, health, or property or who ia rcsponai blc for the catabliahmont or rcatorution of aueh gaa, electric, communication, rail, or other caacntial public services to engage in blasting or in excavating with mechanized excavating equipment for auch purpose without complying with Code Section 36-0-6, provided that, before commencing the aamc or aa noon thereafter as is rcaaonably practicable, the pcraon ahull give notice thereof to any utility which the pcraon, in the Gxcrciac of reasonable judgment, bclicvca may have gas pipca or other underground utility facilities within auch proximity aa to be affected by the blasting or excavating with mechanized excavating equipment. The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, any person who engages in an emergency excavation or excavation in extraordinary circumstances shall take all reasonable precautions to avoid or minimize damage to any existing utility facilities; provided, further, any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the utilities protection center. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined by the commission that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given.
25-9-13.

(a) Any person who violates the requirements of Code Section 36 0 6 shall be guilty of a crime punishable by payment of a fine of $1,000.00 for the first offcnsc and $3,000.00 for any oubacqucnt offcnscs occurring within a 12 month period. The fine provided for in this subsection ahall not be imposed on a pcraon engaged in farming aetivitica on land he owns or leases.

(te)-Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages gas pipes or other underground utility facilities shall be strictly liable for:

(1) Any cost incurred by the utility facility owner or operator in repairing or replacing its damaged facilities; er and

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JOURNAL OF THE HOUSE

(2) Any injury or damage to persons or property resulting from damaging the udcrground gas pipe or other utility facilities.
(b) Any such person shall also indemnify the affected utility facility owner or operator against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the underground gas pipe or other utility facilities. Such obligation to indemnify shall not apply to any county; city, town, or state agency to the extent permitted by law.
(c) In addition to the other provisions of this Code section, a state examining board shall be authorized to suspend or revoke any professional or occupational license, certificate, or registration issued to a person pursuant to Title 43 whenever such person violates the requirements of Code Section 25-9-6 or 25-9-8.
(d) Subsections (a), (b), and (c) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the utility facility owner or operator to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7 or has failed to become a member of the utilities protection center as required by Code Section 26 0-4 25-9-5.
(e) The commission shall enforce the provisions of this chapter. The commission may promulgate any rules and regulations necessary to implement the commission's authority to enforce this chapter.
(f)(l) The commission shall create an advisory committee consisting of representatives of the following groups and agencies: facility owner or operators; utilities protection center; excavators; municipalities; counties; Georgia Department of Transportation; Governor's Office of Consumer Affairs; and underground line locators. The advisory committee shall consist of one representative from each of the above groups and agencies, with the exception of facility owners or operators and excavators, which groups shall each have two representatives on the advisory committee. The commission chairperson or such chairperson's representative shall also serve on the advisory committee. Persons appointed to the advisory committee shall have expertise with the subject matter encompassed by the provisions of this chapter.
(2) The advisory committee shall assist the commission in the enforcement of this chapter, and shall perform duties to be assigned by the commission including, but not limited to, the review of reported violations of this chapter, and the preparation of recommendations to the commission as to the appropriate penalties to impose on persons violating the provisions of this chapter.
(3) The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in the performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.
(g) The commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000.00 for each violation, if it is proved that the person violated any of the provisions of this chapter, as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this Code section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. Except as otherwise provided by law, this subsection shall not authorize the commission to impose civil penalties on

TUESDAY, FEBRUARY 15, 2000

909

any county, city, town, or state agency. The commission shall inform the counties, cities, towns, or state agencies of reports of alleged violations involving the county, city, town, or state agency and, at the request of the county, city, town, or state agency, suggest corrective action. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land such person owns or leases.
(h) All civil penalties collected pursuant to this Code section shall be deposited in the general fund of the state treasury."
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 amendment was read:
Representative Smith of the 102nd moves to amend the Committee substitute to HB 1290 by inserting on line 27 of page 1, immediately after the word and symbol "Act;" the following:
"to provide for exceptions;".
By striking lines 17 through 19 of page 16 and inserting in lieu thereof the following:
"with Code Section 25-9-7, er has failed to become a member of the utilities protection center as required by Code Section 36 0 4 26-9-5, or has failed to place the utility facility a minimum of 24 inches deep."

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
Bannister Barnard N Barnes N Benefield Birdsong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Campbell Y Cash Y Channell N Childere

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

N Golick N Graves N Greene N Grindley
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 N Jones Y Joyce Y Kaye N Lane N Lewis N Lord
Lucas Maddox N Mann N Manning N Martin, J Martin, J.L Y Massey Y McBee N McCall McClinton McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N OTCeal

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

910
Y Scarlett N Scheid N Scott N Shanahan Y Shaw N Shipp
Sholar Y Sims N Sinkfield N Skipper

JOURNAL OF THE HOUSE

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 N Smyre Y Snelling

N Snow Squires
N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey
Taylor

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

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

On the adoption of the amendment, the ayes were 65, nays 92. The amendment was lost.

The Committee substitute was adopted.

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

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

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

E Davis, T
Y Day Y Dean Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens 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
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley N Mueller Y O'Neal Y Orrock Y Parham E Parrish 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 Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Sholar Y Sims Y Sinkfield Y Skipper
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 E Teague Y Teper Y Tillman Y Tolbert
Trense Y Turnquest N 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, by substitute, the ayes were 156, nays 7.

TUESDAY, FEBRUAEY 15, 2000

911

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

Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1383. By Representatives Williams of the 114th and Jennings of the 63rd:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; to provide for legislative findings and declaration; to provide for the amount of excise tax to be levied on strong malt beverages.

The following amendment was read:

Representatives Callaway of the 81st and Franklin of the 39th move to amend HB 1383 as follows:
Amends by changing on page 2 line 25, the number "9" to "4 1/2".

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

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

E Davis, T
N Day N Dean
N DeLoach, B N DeLoach, G N Dix N Dixon
N Dodson N Dukes N Ehrhart N Epps E Evans N Everett
N Felton Floyd
Y Franklin N Golick N Graves N Greene Y Grindley Y Hammontree
N Hanner N Harbin N Harrell
N Heard N Heckstall N Hegstrom N Hembree
N Henson 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 Y 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 N McClinton
N McKinney N Millar Y Mills N Mobley N Morris
N Mosley N Mueller N OTSIeal N Orrock
N Parham E Parrish Y Parsons

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

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

912

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 28, nays 134.
The amendment was lost.
The following amendments were read:
Representative Teper of the 61st moves to amend HB 1383 by striking line 5 on page 1 and inserting in lieu thereof the following:
"levied on strong malt beverages; 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 at any time from 12:00 Noon on Sundays until 12:00 Midnight on Sundays if Sunday retail sales of malt beverages and wine are approved by referendum; to provide procedures; to provide for applicability; to provide for related"
By redesignating Section 4 as Section 5.
By inserting a new Section 4 to read as follows:
"SECTION 4.
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, is amended by adding at the end thereof a new subsection (p) to read as follows:
'(p)(l) Notwithstanding other laws, 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 at any time from 12:00 Noon on Sundays until 12:00 Midnight on Sundays if Sunday retail sales of malt beverages and wine are approved by referendum as provided in paragraph (2) of this subsection.
(2) Any governing authority desiring to permit and regulate Sunday retail sales of malt beverages and wine pursuant to paragraph (1) of this subsection shall so provide by proper resolution or ordinance. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance it shall be the duty of the election superintendent of the county or municipality, whose governing authority approved that resolution or ordinance, to issue the call for an election for the purpose of submitting the question of Sunday retail sales of malt beverages and wine to the electors of that county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

TUESDAY, FEBRUARY 15, 2000

913

"( ) YES ( ) NO

Shall the governing authority of (name of county or municipality) be authorized to permit and regulate retail sales of malt beverages and wine from 12:00 Noon on Sundays until 12:00 Midnight on Sundays?"

All persons desiring to vote for approval of Sunday retail sales of malt beverages and wine shall vote "Yes," and those persons desiring to vote for rejection of Sunday retail sales of malt beverages and wine shall vote "No." If more than one-half of the votes cast on the question are for approval of Sunday retail sales of malt beverages and wine, the resolution or ordinance approving such Sunday retail sales of malt beverages and wine shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State.

(3) Whenever Sunday retail sales of malt beverages and wine are authorized by a county or municipality pursuant to this subsection, Sunday retail sales of malt beverages and wine may be made only by licensed retailers.

(4) The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the retail sale of alcoholic beverages or the sale of alcoholic beverages for consumption on the premises.'"

Representative Everett of the 163rd moves to amend the Teper amendment to HB 1383 as follows:
Page 2, strike lines 10 and 11 to the period after the word call. Add after the word "A" on line 9 the following:
"time to coincide with the next general election."

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

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

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

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

Y Jackson, L N James N Jamieson Y Jenkins Y Jennings N Jones Y 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 N McKinney Y Millar Y Mills N Mobley

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

914
N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott Y Shanahan N Shaw N Shipp

JOURNAL OF THE HOUSE

Sholar
Y Sims N Sinkfield N Skipper N Smith, B Y Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P E Smith, T

N Smith, V
N Smyre Y Snelling N Snow N Squires N Stallings N Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes

Y Stuckey N Taylor E league Y Teper N Tillman N Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman N Walker, L

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

On the adoption of the amendment, the ayes were 61, nays 102. The amendment was lost.

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

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

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

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

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

N Smith, L.R Y Smith, P E Smith, T N Smith, V
Smyre N Snelling N Snow
N Squires N Stallings N Stancil N Stanley, P
N Stanley-Turner N Stephens N Stokes Y Stuckey N Taylor
E Teague Y Teper
N Tillman N Tolbert N Trense Y 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 N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 29, nays 137. The amendment was lost.
The following amendment was read and adopted:

TUESDAY, FEBRUARY 15, 2000

915

Representative Williams of the 114th moves to amend HB 1383 as follows: Amends by adding on page 2 line 25 after the number 9 percent.

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

E Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G N Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans N Everett Y Felton
Floyd N Franklin
Golick Y Graves Y Greene Y Grindley N Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes N 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 N Kaye Y Lane N Lewis Y Lord
Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee N McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley N Morris N Mosley
Mueller Y O'Neal Y Orrock Y Parham E Parrish Y Parsons

Y Pelote N Pinholster
Y Poag Y Ponder Y Porter Y Powell N Purcell E Ragas Y Randall
Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice Y Richardson Y 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 Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L

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

On the passage of the Bill, as amended, the ayes were 126, nays 42.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1251. By Representatives Powell of the 23rd, Hudson of the 156th, Martin of the 145th and McCall of the 90th: A bill to amend Code Section 43-51-3 of the Official Code of Georgia Annotated, relating to the creation and membership of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, so as to change the composition of said board and provide for an advisory council to said board.

916

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:
A BILL
To amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," so as to change the composition of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; to provide for the termination of said board on July 1, 2004, and for the repeal of this chapter and any other laws relating to said board on July 1, 2005; to provide for a one-year termination period for the purpose of allowing said board to conclude its affairs; 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 51 of Title 43 of the Official Code of Georgia Annotated, the "Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts Act," is amended in Code Section 43-51-3, relating to the creation and composition of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts. The members of the board in office on July 1, 2000, shall remain in office until the expiration of their terms and until their successors are appointed and qualified. On and after July 1, 2000, the board shall be composed of six seven members to be appointed by the Governor. The appointments shall be made as follows: one member from the technical staff of the Environmental Protection Diviaion of the Department of Natural Resources; one member who is a currently employed public water supply system operator holding a valid certificate of the highest classification issued by the board; one member who is a currently employed wastewater treatment plant operator holding a valid certificate of the highest classification issued by the board; one member who is a currently employed public water supply system operator holding a valid Class IV certificate issued by the board pursuant to Code Section 43-51-6.1; one member who is a currently employed laboratory analyst holding a valid certificate issued by the board; one member who is a member of a governing authority of a municipality required to employ a certified operator or who is an employee of a municipality or county required to employ a certified operator and who holds the position of municipal or county manager, engineer, director of public works, or director of water supply and water pollution control; one member who is a member of a governing authority of a county required to employ a certified operator or who is an employee of a county required to employ a certified operator and who holds the position of county manager, engineer, director of public works, or director of water supply and pollution control; and one member who is a consultant in the field of water supply and water pollution control or who is engaged in teaching or administering courses in water supply and water pollution control in an educational institution in this state. The sixth member shall be appointed from the public at large and shall have no connection whatsoever with the water and waatc water treatment industry. The director of the Environmental Protection Division of the Department of Natural Resources, or his or her designee, shall serve in an advisory capacity as an ex officio member of the board. The initial term for the member ap pointed from the public at large ahull expire June 30, 1984; thereafter, the Governor

TUESDAY, FEBRUARY 15, 2000

917

shall appoint succcaaors for a term of four ycara. The other five members of the board shall serve four-year terms, which terms shall be staggered so that the terms of twe three members shall expire one year, and- the term of one member two members shall expire in each of the following three years the following year, and the terms of two members shall expire in the next following year. No member of the board may serve more than two consecutive full terms."
SECTION 2.
Said chapter is further amended by adding at the end thereof a new Code section, to be designated as Code Section 43-51-15, to read as follows:
"43-51-15.

(a) The State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts shall be terminated on July 1, 2004, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on July 1, 2005.
(b) Upon its termination on July 1, 2004, the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts shall continue in existence until July 1, 2005, for the purpose of concluding its affairs and activities. During the period from July I, 2004, through July 1, 2005, the powers and authority of the board shall not be reduced or otherwise limited. The laws relative to the board shall be continued in effect during the termination period of July 1, 2004, through July 1, 2005, only for the purpose of allowing the board to conclude its affairs. During the termination period of July 1, 2004, through July 1, 2005, the board shall not issue any new licenses or renew any licenses, and the joint-secretary shall not collect any license fees which were not due and payable prior to July 1, 2004."
SECTION 3.
This Act shall become effective on July 1, 2000.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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
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 E Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G Y Dix

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

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Y Heckstall Hegstrom
Y Hembree Y Henson Y Holland Y Holmes
Y Houston Y Howard Y Hudgens

918
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
Lucas Maddox Mann Y Manning Y Martin, J Y Martin, J.L

JOURNAL OF THE HOUSE

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

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

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

Stuckey Y Taylor E 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 Westmorland Y Whitaker
Y Wiles Y Williams, J Y Williams, R Y Wix
Y Yates Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the House was read and referred to the Committee on Rules:
HR 1052. By Representatives McCall of the 90th, Franklin of the 39th, Walker of the 141st and Powell of the 23rd: A resolution commending William Hayden Wiley and inviting him to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 851. By Representatives Orrock of the 56th, Sinkfield of the 57th and Trense of the 44th: A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply.

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
Borders

Y Bridges Y Brooks
Y Brown Y Buck Y Buckner Y Bulloch

Y Bunn Burkhalter
Y Byrd Y Callaway
Campbell Y Cash

Y Channel! Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T

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

TUESDAY, FEBRUARY 15, 2000

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce Y Have Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning

Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y Mcffinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CXNeal Y Orrock Y Parham E Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell E Ragas Y Randall
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
Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L
Smith, L.R Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling

919
Y Snow Y Squires Y Stallings
Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker
Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 154, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Reese of the 85th 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 Walker of the 141st moved that SR 411 be postponed until Wednesday, February 23, 2000.
The motion prevailed.
HE 1372. By Representatives Martin of the 47th, Stanley of the 50th, Stanley of the 49th, Dean of the 48th and Mobley of the 69th: A bill to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to incorporate into said Act certain provisions regarding additional penalties and bail and bond amounts to be imposed for certain jail purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

920

JOURNAL OF THE HOUSE

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

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

E Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y 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
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 CWeal Y Orrock Y Parham E Parrish Y Parsons

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

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

On the passage of the Bill, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1300. By Representatives Stokes of the 92nd and Martin of the 47th: 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 change the provisions relating to the confidentiality of raw research data.

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

Y Alien 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 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

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

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

TUESDAY, FEBRUARY 15, 2000

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
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 E Parrish Y Parsons Y Pelote Y Pinholster YPoag
Ponder Y Porter Y Powell Y Purcell E Ragas Y Randall Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts

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

921
Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens
Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 157, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Due to a mechanical malfunction, the vote of Representative Smith of the 109th was recorded as "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1322 Do Pass, by Substitute HB 1409 Do Pass, by Substitute SB 389 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman
Representative Holmes of the 53rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

922

JOURNAL OF THE HOUSE

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 235 Do Pass, by Substitute
Respectfully submitted, 1st Holmes of the 53rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1325 Do Pass, as Amended HB 1379 Do Pass, by Substitute
Respectfully submitted, Isl Lord of 121st
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 708 Do Pass, by Substitute HB 1405 Do Pass, by Substitute
Respectfully submitted, lal Martin of the 47th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

TUESDAY, FEBRUARY 15, 2000

923

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 40 Do Pass HB 1388 Do Pass, by Substitute

HB 1458 Do Pass HR 971 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 304 Do Pass, by Substitute HB 1294 Do Pass, by Substitute
Respectfully submitted, /s/ Jenkins of the 110th
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1403 Do Pass HB 1416 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

924

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Wednesday, February 16, 2000

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

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

Alien
Anderson Ashe Bailey Bannister Barnard Barnes Benefield E Birdsong Bohannon Bridges Brooks Brown Buck Bulloch Burkhalter Callaway Campbell Cash Channell Guilders Clark Coan Coleman, B Coleman, T Connell Cox

Cummings Davis, T Day DeLoach, B DeLoach, G Dixon Dodson Dukes Ehrhart E Evans Everett Felton Floyd Franklin Graves Greene Grind! ey Hammontree Harbin Heard Hegstrom Herobree Henson Holland Houston Howard Hudgens

Hugley Irvin Jackson, B Jackson, L James Jenkins Jennings Joyce Kaye Lane Lewis Lord Maddox Manning Martin, J Martin, J.L Massey McBee McCall McKinney Mills Mosley Mueller OWeal Parham Parrish Parsons

Pelote Poag Powell Purcell E Ragas Ray Reaves Reece
Reichert Richardson Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shipp Sholar E Sims Skipper Smith, B Smith, C Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V E Smyre Snelling Snow Stallings Stancil Stanley-Turner Stephens E Teague Teper Tillman Tolbert Trense Turnquest Unterman Walker, L West Westmoreland Whitaker Wiles Williams, R Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Hanner of the 159th, Mann of the 5th, Roberts of the 162nd, Golick of the 30th, Walker of the 87th, Rice of the 79th, Reed of the 52nd, Randall of the 127th, Twiggs of the 8th, Ponder of the 160th, Stokes of the 92nd, Cooper of the 31st, Squires of the 78th, Rogers of the 20th, Davis of the 60th, Watson of the 70th, Stanley of the 49th, Jamieson of the 22nd, Pinholster of the 15th, Wix of the 33rd, Porter of the 143rd, Sinkfield of the 57th, Hudson of the 156th, Crawford of the 129th, Heckstall of the 55th, Byrd of the 170th, Stuckey of the 67th, Orrock of the 56th, Morris of the 155th, Dix of the 76th, Shaw of the 176th, Mobley of the 69th, Williams of the 83rd, Lucas of the 124th and Buckner of the 95th.
They wish to be recorded as present.
Prayer was offered by Dr. Ken Samuel, Pastor, Victory Baptist Church, Stone Mountain, Georgia.

WEDNESDAY, FEBRUARY 16, 2000

925

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 1485. By Representatives Sauder of the 29th, Parsons of the 40th, Wiles of the 34th, Franklin of the 39th, 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 chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1486. By Representatives Buck of the 135th, Taylor of the 134th, Davis of the 132nd, Hugley of the 133rd and Smyre of the 136th: A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for the sheriffs services, so as to provide for application of alternate fees and the disposition of such alternate fees with respect to services performed regarding certain municipal courts.
Referred to the Committee on Public Safety.
HB 1487. By Representatives Millar of the 59th, Watson of the 70th, Harrell of the 62nd, McClinton of the 68th, Hegstrom of the 66th and others: A bill to amend Code Section 36-89-4 of the Official Code of Georgia Annotated, relating to the allotment of homeowner tax relief funds to counties

926

JOURNAL OF THE HOUSE

and local school districts, so as to change the manner in which ad valorem tax credit amounts are calculated.
Referred to the Committee on Ways & Means.

HB 1488. By Representatives Pinholster of the 15th and Benefield of the 96th: 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 a distinctive wildflower license place.
Referred to the Committee on Motor Vehicles.

HB 1489. By Representatives Day of the 153rd, Golick of the 30th and Mueller of the 152nd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, so as to change the provisions relating to appeals to the superior courts; to repeal the right of appeal of the county board of tax assessors.
Referred to the Committee on Ways & Means.

HB 1490. By Representatives Franklin of the 39th and Callaway of the 81st:
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 eligible food or beverages which have been processed into capsule or tablet form.
Referred to the Committee on Ways & Means.

HB 1491. By Representative Tolbert of the 25th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for additional penalties in felony cases to be used to fund local juvenile services programs; to provide for administration of funds derived from imposing such additional penalties.
Referred to the Committee on Judiciary.

HB 1492. By Representatives Purcell of the 147th, Hudson of the 156th, Powell of the 23rd, Murphy of the 18th and Bailey of the 93rd:
A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities, so as to provide that it shall be unlawful for telephone solicitors to make calls from unlisted telephone numbers.
Referred to the Committee on Industry.

HB 1494. By Representatives McCall of the 90th and Martin of the 47th:
A bill to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy of children, so as to provide that the issue of visitation rights of a father who has filed a petition to legiti-

WEDNESDAY, FEBRUARY 16, 2000

927

mize his child may be determined under certain circumstances in the legitimation proceedings.
Referred to the Committee on Judiciary.

HB 1495. By Representative Stuckey of the 67th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special license plates for certain persons and vehicles, so as to provide for special license plates to fund programs relating to the Georgia Council for the Arts; to provide for the design of such license plates; to provide that certain proceeds from the sale of such license plates shall be deposited into the state treasury; to amend Article 2 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia council for the Arts.
Referred to the Committee on Motor Vehicles.

HB 1496. By Representatives Jones of the 71st, Shipp of the 38th and Randall of the 127th:
A bill to amend Code Section 17-6-57 of the Official Code of Georgia Annotated, relating to bail recovery agents, notification to local police, out-ofstate agents, and identification card, so as to provide that identification cards for bail recovery agents shall be issued only by the Georgia Association of Professional Bondsmen, Inc.
Referred to the Committee on Special Judiciary.

HB 1497. By Representatives Wix of the 33rd, Sauder of the 29th, Cooper of the 31st, Shipp of the 38th, Golick of the 30th 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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1498. By Representatives Massey of the 86th, Benefield of the 96th, Buck of the 135th, Hudgens of the 24th, Walker of the 141st and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include income which is derived from overtime pay received for providing emergency services during a state of disaster or emergency which has been declared by the Governor.
Referred to the Committee on Ways & Means.

HB 1499. By Representatives Franklin of the 39th and Wiles of the 34th:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council.
Referred to the Committee on Public Safety.

928

JOURNAL OF THE HOUSE

HB 1501. By Representatives Day of the 153rd, Stephens of the 150th 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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1502. By Representatives Day of the 153rd, Stephens of the 150th 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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1503. By Representatives Day of the 153rd, Stephens of the 150th 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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1504. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd: 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 by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1505. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd: 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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1506. By Representatives Day of the 153rd, Stephens of the 150th 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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

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929

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1507. By Representatives Buckner of the 95th, Taylor of the 134th, Coleman of the 80th, Graves of the 125th, Watson of the 70th and others:
A bill to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, so as to provide that the pre-kindergarten program administered by the Office of School Readiness shall be known as "Georgia's Pre-K Program".
Referred to the Committee on Education.

HB 1508. By Representative Royal of the 164th:
A bill to amend Chapter 5A of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Treasury and Fiscal Services, so as to provide for additional powers, duties, and authority of such office and the director thereof; to provide for investment standards; 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 relating to investment authority regarding the health insurance funds for public school teachers and public school employees.
Referred to the Committee on Ways & Means.

HB 1509. 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, and computation of state income taxes, so as to revise and change certain provisions regarding income tax credits for businesses located in certain counties designated as less developed areas; to provide for certain additional tax credits; to revise and change certain provisions regarding income tax credits and optional income tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties.

February 15, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1509. This notice is made prior to or upon reading the bill the first time.

/s/ Charlie Smith, Jr. Representative 175th District
Referred to the Committee on Ways & Means.

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HB 1510. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Buck of the 135th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to clarify that the exemption regarding certain components of machinery used directly in the manufacture of tangible personal property extends only to machinery components purchased to upgrade such machinery; to provide for a phasedin exemption from sales and use tax for certain repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling.

February 15, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1510. This notice is made prior to or upon reading the bill the first time.

lal Charlie Smith, Jr. Representative 175th District
Referred to the Committee on Ways & Means.
HB 1511. By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th: A bill to reincorporate the City of Roswell in the County of Fulton; to create a new charter for said city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1512. By Representatives Campbell of the 42nd and Burkhalter of the 41st: A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair and deceptive practices in the business of insurance, so as to provide that upon determination by the Commissioner that an insurer's continuation of a line or class of business would be hazardous or otherwise detrimental to its policyholders or the public, the insurer may cancel, nonrenew, or otherwise terminate the policies in a manner prescribed by the Commissioner.
Referred to the Committee on Insurance.
HB 1513. By Representatives Irvin of the 45th, Brooks of the 54th and Ashe of the 46th: A bill to provide for a homestead exemption from certain City of Atlanta 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 base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto.

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931

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1514. By Representatives Irvin of the 45th, Brooks of the 54th and Ashe of the 46th:
A bill to provide for a homestead exemption from certain City of Atlanta independent 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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1515. By Representatives Irvin of the 45th, Burkhalter of the 41st, Trense of the 44th, Brooks of the 54th, Campbell of the 42nd and others:
A bill to provide for a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1516. By Representatives Irvin of the 45th, Burkhalter of the 41st, Brooks of the 54th, Campbell of the 42nd, Trense of the 44th and others:
A bill to provide for a homestead exemption from certain Fulton County 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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1517. By Representative Royal of the 164th:
A bill to amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide for mandatory training and required certification for tax commissioners and for certain employees of tax commissioners in certain counties; to provide for funding to include salary supplements for those who achieve and maintain required certification levels.
Referred to the Committee on Ways & Means.

HB 1518. By Representative Royal of the 164th:
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 reorganize, revise, and change certain provisions relating to county boards of tax assessors, county boards of equalization, and ad valorem tax appeals; to amend Code Section 12-5-472 of the Official Code of Georgia Annotated, relating to water supply projects, Code Section 44-10-8 of the Official Code of Georgia Annotated, relating to recordation of easements, and Code Section 48-2-18 of the Official Code of Georgia Annotated, so as to correct certain crossreferences.
Referred to the Committee on Ways & Means.

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HB 1519. By Representatives Sims of the 167th, Skipper of the 137th, Heard of the 89th, Stanley of the 50th, Channell of the lllth 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 certain exemptions with respect to sales of certain mobile homes.
Referred to the Committee on Ways & Means.

HB 1520. By Representative Everett of the 163rd:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to change the provisions of the ad valorem tax exemption with respect to property of veterans organizations.

February 16, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1520. This notice is made prior to or upon reading the bill the first time.

Isl Doug Everett Representative 163rd District
Referred to the Committee on Ways & Means.
HB 1521. By Representatives Franklin of the 39th, Yates of the 106th, Wiles of the 34th, Rice of the 79th, Dodson of the 94th and others: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to provide for seizure, suspension, and revocation of drivers' licenses for certain conduct; to provide that persons convicted of certain offenses shall not be licensed again.

February 16, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1521. This notice is made prior to or upon reading the bill the first time.

Isl Franklin Representative 39th District
Referred to the Committee on Motor Vehicles.

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933

HB 1522. By Representatives Pinholster of the 15th and Stancil of the 16th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to increase the criminal penalty with respect to possession of firearms by convicted felons and first offender probationers; to increase the criminal penalty for certain persons convicted of certain crimes who have prior convictions.

Referred to the Committee on Special Judiciary.

HB 1523. By Representatives Snelling of the 99th, Irvin of the 45th and Stephens of the 150th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise various provisions of the "Georgia Public Revenue Code"; to change certain provisions relating to the income tax rates for individuals, fiduciaries, and partnerships; to equalize tax treatment of married and single persons in certain matters.

February 16, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1523. This notice is made prior to or upon reading the bill the first time.

Isl Bob Snelling Representative 99th District
Referred to the Committee on Ways & Means.
HB 1524. By Representatives Harbin of the 113th, Graves of the 125th, Irvin of the 45th and DeLoach of the 172nd: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include an amount equal to the amount expended by such taxpayer for premiums for health insurance for a qualifying family member.
Referred to the Committee on Ways & Means.
HB 1525. By Representatives Harbin of the 113th, Graves of the 125th, Irvin of the 45th and DeLoach of the 172nd: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for certain amounts expended for health insurance.
Referred to the Committee on Ways & Means.

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HB 1526. By Representative Bunn of the 74th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments in certain cases; to provide for a driver education trust fund; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to change certain provisions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements.
Referred to the Committee on Motor Vehicles.

HB 1527. By Representatives Ehrhart of the 36th, Wiles of the 34th, Grindley of the 35th, Parsons of the 40th, Sauder of the 29th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the supplement to be paid to each of the judges of the superior court of said circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1528. By Representatives Callaway of the 81st, Reese of the 85th, Franklin of the 39th, Grindley of the 35th, Westmoreland of the 104th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of taxes and exemptions from taxes, so as to provide for a credit against state income tax for the cost of tutoring for children in certain circumstances.
Referred to the Committee on Ways & Means.

HB 1529. By Representatives Callaway of the 81st and Franklin of the 39th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of taxes and exemptions from taxes, so as to provide for a credit against state income tax for the cost of tuition for nonpublic forms of education.
Referred to the Committee on Ways & Means.

HB 1530. By Representative Alien of the 117th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide that any person who, prior to the effective date of this Act, has been convicted of a capital offense and has had imposed upon him or her a sentence of death shall have such execution stayed by operation of this Act until January 1, 2005.
Referred to the Committee on Judiciary.

HB 1531. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance.

WEDNESDAY, FEBRUARY 16, 2000

935

February 16, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1531. This notice is made prior to or upon reading the bill the first time.

Is/ Curtis Jenkins Representative 110th District
Referred to the Committee on Ways & Means.
HB 1532. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th, Graves of the 125th 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 an income tax credit for expenses of private driver education for minor dependent children of taxpayers.

February 16, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1532. This notice is made prior to or upon reading the bill the first time.

Referred to the Committee on Ways & Means.

Curtis Jenkins Representative 110th District

HB 1533. By Representatives Holmes of the 53rd, Irvin of the 45th, McKinney of the 51st and Felton of the 43rd:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to the distribution and use of proceeds from the local option sales and use tax, so as to authorize the distribution and use of such funds to offset the costs of providing governmental services within certain special tax districts.
Referred to the Committee on State Planning & Community Affairs.

HB 1534. By Representatives Coleman of the 142nd, Benefield of the 96th and Shaw of the 176th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions governing law enforcement officers and agencies, so as to provide that all members of a law enforcement depart-

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ment shall wear identifiable and similar uniforms; to provide that law enforcement officers must use blue lights on top of their vehicles when pursuing a suspect.
Referred to the Committee on Public Safety.

HB 1535. By Representative Martin of the 47th:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of the superior courts and construction of other fee provisions, so as to provide that no fee or cost shall be assessed or collected for any service rendered by the clerk of the superior court through entry of judgment in cases of adoption of a minor child.
Referred to the Committee on Judiciary.

HB 1536. By Representative McCall of the 90th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to define certain terms; to provide that the Environmental Protection Division of the Department of Natural Resources shall establish a program of monitoring whole effluent toxicity; to provide that if the division finds that chronic toxicity is adversely affecting aquatic life, it shall require the permittee to discover the source of the toxic substances.
Referred to the Committee on Natural Resources & Environment.

HB 1537. By Representatives Martin of the 47th and Skipper of the 137th:
A bill to amend Code Section 50-29-12 of the Official Code of Georgia Annotated, relating to promotion of economic development and government efficiency through use of electronic transactions, state agency pilot projects for electronic technology, and creation of the Electronic Commerce Study Committee, so as to authorize state agencies to reduce the amounts of certain fees imposed according to law in cases where such fees are paid electronically.
Referred to the Committee on Rules.

HR 1049. By Representative Smith of the 109th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall authorize local boards of education to levy and collect development impact fees and use the proceeds to pay for a share of the cost of additional educational facilities.
Referred to the Committee on Education.

HR 1050. By Representative Shaw of the 176th: A resolution compensating Mr. Anthony S. McCoppin, Jr.
Referred to the Committee on Appropriations.

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937

HR 1051. By Representatives Mobley of the 69th, McClinton of the 68th, Reed of the 52nd, Howard of the 118th, Randall of the 127th and others: A resolution creating the Joint Study Committee on Urban Road Building Guidelines.
Referred to the Committee on Rules.

HR 1053. By Representative Bailey of the 93rd: A resolution compensating Mr. Calvin C. Johnson, Jr.
Referred to the Committee on Appropriations.

HR 1054. By Representative Bunn of the 74th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving speeding or driving under the influence of alcohol or drugs and for the allocation of such additional penalties or fees to the Driver Safety Education Trust Fund, as provided by law, to meet the costs of driver safety education services.
Referred to the Committee on Motor Vehicles.

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 1547. By Representatives Purcell of the 147th, Greene of the 158th, Ray of the 128th and Floyd of the 138th:
A bill to amend Code Section 48-7-29 of the Official Code of Georgia Annotated, relating to income tax credits for rural physicians, so as to change the qualifications for tax credits for rural physicians.

Referred to the Committee on Ways & Means.
HB 1548. By Representative Jenkins of the 110th:
A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to provide that the minimum annual salary of a full-time deputy sheriff in any county of this state shall not be less than the beginning salary of a correctional officer employed by the Department of Corrections; 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 that the minimum annual salary of a full-time law enforcement officer employed by a county or municipal corporation of this state shall not be less than the beginning salary of a correctional officer employed by the Department of Corrections.

Referred to the Committee on Public Safety.

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HB 1549. By Representatives Harbin of the 113th, Channell of the lllth and Williams of the 114th:
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 prosthetic devices.

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 1104 HB 1450 HB 1451 HB 1452 HB 1453 HB 1454 HB 1455 HB 1456 HB 1457 HB 1458 HB 1459 HB 1460 HB 1461 HB 1462 HB 1463 HB 1464 HB 1465 HB 1466 HB 1467 HB 1468 HB 1469 HB 1470 HB 1471 HB 1472 HB 1473 HB 1474

HB 1475 HB 1476 HB 1477 HB 1478 HB 1479 HB 1480 HB 1481 HB 1482 HB 1483 HB 1484 HB 1493 HB 1500 HR 1031 HR 1032 HR 1045 HR 1046 SB 300 SB 351 SB 359 SB 397 SB 407 SR 388 SR 403 SR 502 SR 503 SR 516

Pursuant to Rule 52, Representative Parrish of the 144th moved that the following Bill of the House be engrossed:
HB 1452. By Representatives Parrish of the 144th, Buck of the 135th, Banner of the 159th, Ehrhart of the 36th and Channell of the lllth:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income taxation of corporations; to provide for an income tax credit with respect to the amount of certain taxes paid by depository financial institutions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding local business license tax on depository financial institutions.

WEDNESDAY, FEBRUARY 16, 2000

939

The motion prevailed.

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:
HB 1454. By Representative Buck of the 135th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change the definition of business enterprise for certain job tax credits, qualified research tax credits, and percentage growth tax credits to include transportation companies; to change certain provisions regarding the calculation of full-time jobs with respect to claiming certain tax credits.
The motion prevailed.

Pursuant to Rule 52, Representative Reichert of the 126th moved that the following Bill of the House be engrossed:
HB 1455. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd, Ray of the 128th and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for certain export businesses.
The motion prevailed.

Pursuant to Rule 52, Representative Parham of the 122nd moved that the following Bill of the House be engrossed:
HB 1458. By Representatives Parham of the 122nd and Powell of the 23rd: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 of certain offenses and issuance of new license following revocation; to amend Chapter 8 of Title 42, relating to probation, so as to change certain provisions relating to use of a motor vehicle ignition interlock device as a probation condition.
The motion prevailed.

Pursuant to Rule 52, Representative Kaye of the 37th moved that the following Bill of the House be engrossed:
HB 1459. By Representatives Kaye of the 37th, Ragas of the 64th, Joyce of the 1st, Stuckey of the 67th, Franklin of the 39th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting and similar identification of applicants for drivers' licenses without the applicant's consent; to prohibit the requirement of fingerprinting and similar identification of applicants for identification

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cards issued by the Department of Public Safety without the applicant's consent.
The motion prevailed.

Pursuant to Rule 52, Representative Buck of the 135th moved that the following Bill of the House be engrossed:

HB 1462. By Representatives Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to change certain provisions regarding exemptions from sales and use tax; to change certain provisions regarding imposition and collection of sales and use tax.
The motion prevailed.

Pursuant to Rule 52, Representative Floyd of the 138th moved that the following Bill of the House be engrossed:

HB 1483. By Representative Floyd of the 138th:
A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, so as to change the loan fees and late fees.
The motion prevailed.
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 956 Do Pass
Respectfully submitted, Isl Brooks of the 54th
Vice-Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

WEDNESDAY, FEBRUARY 16, 2000

941

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 1082 Do Pass, by Substitute HB 1415 Do Pass HB 1429 Do Pass HB 1435 Do Pass HB 1442 Do Pass

HB 1443 Do Pass HB 1444 Do Pass HB 1445 Do Pass HB 1446 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 16, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 840 Larry McClure Scenic Highway; designate HR 881 Brett C. Dickey Bridge; designate HR 882 B. Edward Tankersley Memorial Bridge; designate HR 897 "Paul Warwick, Jr., Memorial Highway"; designate HR 928 Marguerite Neel Williams Memorial Highway; designate

DEBATE CALENDAR

HB 499 HB 1230 HB 1277 HB 1286 HB 1320 HB 1323 HB 1362 HB 1364 HB 1375

Excise tax; hotels and motels; amend provisions Technical and Adult Ed., St. Board of; expenses and travel cost Cotton Producers Indemnity Fund; payments; claims; cotton ginners Commerce and trade; non-insurance; discount cards Fishing with bow and arrow in Savannah River; provisions Athlete agents; registration; discipline; penalties; liability Flint River Drought Protection Act; enact Motor vehicles; security interest; perfection by delivery Hotel-motel tax; cert counties & municipalities; amend provisions

HR 878 Hall County; convey property

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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Respectfully submitted, /a/ 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 1082. By Representative Greene of the 158th: A bill to provide for the Magistrate Court of Stewart County.

The following Committee substitute was read and adopted:
A BILL
To provide for the Magistrate Court of Stewart County; to provide for the subsequent election of the chief magistrate of the Magistrate Court of Stewart County; to provide for the selection of other magistrates; to provide for terms of office; to provide for the appointment of other court personnel; to provide that the sheriff and his or her deputies shall serve as constables under certain conditions; to provide for filling vacancies; to provide that the chief magistrate of the Magistrate Court of Stewart County shall serve in a full-time capacity; to provide for the compensation of the chief magistrate and other magistrates and of other court personnel; to provide for reimbursing the chief magistrate and other magistrates for reasonable costs and expenses of training; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
It is the intent of this Act to implement certain changes authorized by Article VI of the Constitution of the State of Georgia and further authorized by general law.
SECTION 2.
(a) The chief magistrate of the Magistrate Court of Stewart County was elected by the voters of Stewart County at the general election in November, 1996. Said chief magistrate assumed office on January 1, 1997, and shall serve for the remainder of the present term of four years, which shall expire on December 31, 2000.
(b) At the general election conducted in 2000 and at the general election every four years thereafter, a successor to the chief magistrate shall be elected for a term of office of four years, such term to begin on the first day of January immediately following any such election.
(c) Any additional or other magistrate shall thereafter be appointed by the governing authority of Stewart County for a term of office which shall expire on the date the term of office of the chief magistrate expires. The governing authority shall not appoint more than two magistrates for said magistrate court.
(d) The chief magistrate shall appoint the clerk and other court personnel of the magistrate court; provided, however, that the number of such court personnel shall be authorized by the governing authority of Stewart County.

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(e) If the constable of the Magistrate Court of Stewart County is unable for any reason to perform his or her duties, the sheriff of Stewart County and the sheriff's deputies shall serve as constables for the Magistrate Court of Stewart County. The sheriff and his or her deputies shall not be entitled to any additional compensation for performing such duties.
SECTION 3.
(a) A vacancy in the office of chief magistrate of the Magistrate Court of Stewart County shall be filled by the governing authority of Stewart County until the next general election, at which time a person shall be elected to fill the remainder of the unexpired term.
(b) A vacancy in the office of any other or additional magistrate may be filled by appointment by the governing authority of Stewart County in its discretion for the remainder of the unexpired term.
SECTION 4.
(a) The person elected as chief magistrate in the general election as provided in Section 2 of this Act shall constitute a full-time chief magistrate and shall maintain an office as such on a full-time basis in a manner consistent with the other elected officials in said county.
(b) The salary of the chief magistrate shall be determined by the minimum salary schedule for chief magistrates as prescribed in Code Section 15-10-23 of the O.C.G.A. This salary may be supplemented at any time with the approval of the governing authority of said county. This compensation shall be considered salary only and shall not be considered as compensation for office personnel, supplies, or other expenses of said official. Such salary shall be paid from funds of Stewart County.
(c) The governing authority of Stewart County shall fix the salaries of all additional magistrates and the clerk of said magistrate court.
SECTION 5.
The costs and expenses of training required by Chapter 10 of Title 15 of the O.C.G.A. shall be paid by the chief magistrate and other magistrates of Stewart County, but such officers shall be reimbursed by the governing authority of Stewart County for the reasonable costs and expenses of said training.
SECTION 6.
This Act shall become effective on July 1, 2000.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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HB 1429. By Representatives Sauder of the 29th, Manning of the 32nd, Grindley of the 35th, Golick of the 30th, Cooper of the 31st and others:
A bill to create the Smyrna Revitalization Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 1435. By Representative Smith of the 91st: A bill to provide that the judge of the Probate Court of Oconee County shall no longer serve as chief magistrate of the Magistrate Court of Oconee County; to provide for the appointment of a new chief magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 1442. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A bill to amend an Act providing a new charter for the City of Stockbridge, so as to change the terms of office of the governing authority thereof.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 1443. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A bill to amend an Act providing a new charter for the City of Locust Grove, so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that 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 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

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945

HB 1444. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th:
A bill to amend an Act creating a new charter for the City of Locust Grove, so as to change the provisions relating to powers and duties of the mayor and compensation relating thereto; to change the provisions relating to a full-time administrator and city manager.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 1445. By Representatives Smith of the 109th, 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 powers of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 1446. By Representatives Smith of the 109th, Cash of the 108th and Sanders of the 107th: A bill to amend an Act providing a new charter for the City of Hampton, so as to change the terms of office, time of election, and organizational meeting of the members of the governing authority of that 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 114, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
HB 1415. By Representatives Millar of the 59th, Watson of the 70th, Maddox of the 72nd, Mobley of the 69th, McClinton of the 68th and others: A bill to amend an Act providing for a homestead exemption from DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase-in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to eliminate the income limitation; to authorize senior citizens who are 65 years of age or older to qualify for such exemption.

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

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

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

Y Davis, T YDay Y Dean Y DeLoach, B
DeLoach, G YDix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton YFloyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Kartell Y Heard Y Heckstall Y Hegstrom Y Hembree Y 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 Y Jones Y Joyce Y Kaye YLane Y Lewis YLord E Lucas Y Maddox YMann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y MiUar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y OTSTeal Y Orrock Y Parham
Parrish Y Parsons

Y Pelote Y Pinholster
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
Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Scott Shanahan Y Shaw Y Shipp Y Sholar E Sims Y Sinkfield Y Skipper Smith, B Y Smith, C Smith, C.W Y Smith, L

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

On the passage of the Bill, the ayes were 148, nays 2. The Bill, having received the requisite constitutional majority, was passed.
Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

WEDNESDAY, FEBRUARY 16, 2000

947

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 393. By Senators Gillis of the 20th, Broun of the 46th and Crotts of the 17th:
A bill to amend Code Section 12-2-6 of the O.C.G.A., relating to the authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and related matters, so as to authorize the commissioner of natural resources to accept volunteer services from individuals for the promotion of boating safety and hunter and boating safety programs; to authorize the Department of Natural Resources to participate with private groups to advertise and promote any activities related to the objectives, powers, duties, and responsibilities of the department that make efficient use of funds appropriated for advertising.
SB 399. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Price of the 56th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters.
HB 634. By Representatives Stanley-Turner of the 50th, West of the 101st, Cummings of the 27th and others:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to change the provisions regarding qualifications for licenses.
HB 1123. By Representatives Lane of the 146th, Floyd of the 138th, Royal of the 164th and Hudson of the 156th:
A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to provide for a statement of legislative purpose; to provide that it is the intent of the General Assembly to fund certain activities; to provide that it shall not be necessary to obtain a permit to burn leaf piles.

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 416. By Senators Scott of the 36th, Thomas of the 10th, Egan of the 40th, Fort of the 39th and others: A resolution to create the Fulton-DeKalb Hospital Authority Overview Committee.

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SR 491. By Senators Starr of the 44th, Walker of the 22nd and Meyer von Bremen of 12th:
A resolution creating the General Assembly's Commission on Juvenile Gangs; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters.

SR 504. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, together with the rights of ingress and egress, and drainage, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Barrow, Chatham, Crisp, Douglas, Harris, Houston, Richmond, and Ware Counties, Georgia.

SR 514. By Senator Cheeks of the 23rd:
A resolution authorizing the conveyance of certain state owned real property located in Jefferson County, Georgia.

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 562. By Senators Walker of the 22nd, Starr of the 44th and Hooks of the 14th: A resolution relative to adjournment.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 393. By Senators Gillis of the 20th, Broun of the 46th and Crotts of the 17th:
A bill to amend Code Section 12-2-6 of the O.C.G.A., relating to the authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and related matters, so as to authorize the commissioner of natural resources to accept volunteer services from individuals for the promotion of boating safety and hunter and boating safety programs; to authorize the Department of Natural Resources to participate with private groups to advertise and promote any activities related to the objectives, powers, duties, and responsibilities of the department that make efficient use of funds appropriated for advertising.
Referred to the Committee on Natural Resources & Environment.
SB 399. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters.

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949

Referred to the Committee on Natural Resources & Environment.
SR 416. By Senators Scott of the 36th, Thomas of the 10th, Egan of the 40th and others: A resolution to create the Fulton-DeKalb Hospital Authority Overview Committee.
Referred to the Committee on Rules.
SR 491. By Senators Starr of the 44th, Walker of the 22nd and Meyer von Bremen of the 12th: A resolution creating the General Assembly's Commission on Juvenile Gangs; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters.
Referred to the Committee on Rules.
SR 504. By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, together with the rights of ingress and egress, and drainage, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Barrow, Chatham, Crisp, Douglas, Harris, Houston, Richmond, and Ware Counties, Georgia.
Referred to the Committee on State Institutions & Property.
SR 514. By Senator Cheeks of the 23rd: A resolution authorizing the conveyance of certain state owned real property located in Jefferson County, Georgia.
Referred to the Committee on State Institutions & Property.
Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:
HR 840. By Representatives Twiggs of the 8th and Coan of the 82nd: A resolution designating a portion of State Highway 246 as the Larry McClure Scenic Highway.
The following Committee substitute was read and adopted: A RESOLUTION
Designating a portion of State Highway 246 as the Larry McClure Highway; and for other purposes.
WHEREAS, Mr. Larry McClure was born and raised in Rabun County, Georgia; and
WHEREAS, he attended Rabun County High School where he excelled in all sports; and

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WHEREAS, Mr. McClure served his country honorably as a member of the United States Army during World War II; and
WHEREAS, he returned to his native Georgia and became a successful businessman in Gwinnett County; and
WHEREAS, he then returned to Rabun County in the mid 1960's and developed a local farm into what is now known as Kingwood Country Club; and
WHEREAS, in the late 1960's, Mr. McClure purchased a ranch in the northernmost part of Rabun County and, with all the boldness of a Mississippi riverboat gambler, built Sky Valley, the only ski resort in Georgia; and
WHEREAS, his foresight and commitment to his community brought unparalleled progress to Rabun County and the northeastern part of the state and has greatly enhanced the area's economy; and
WHEREAS, after a period of declining health, Mr. McClure passed away in 1999; and
WHEREAS, it is only fitting and proper that he be honored by this state and in his county.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 246 in Rabun County from its intersection with U.S. Highway 441 eastward to the intersection of such highway with the entranceway of the Sky Valley Resort is designated as the Larry McClure Highway; and the Department of Transportation is authorized and directed to place and maintain signs so identifying this highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Mr. Larry McClure and to the Department of Transportation.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
HR 882. By Representatives Jackson of the 112th, Harbin of the 113th, Bailey of the 93rd and Williams of the 114th: A resolution designating the B. Edward Tankersley Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 897. By Representatives Scarlett of the 174th and Tillman of the 173rd: A resolution designating a portion of state route 25 in the City of Brunswick as the "Paul Warwick, Jr., Memorial Highway".

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

WEDNESDAY, FEBRUARY 16, 2000

951

HR 928. By Representatives Bulloch of the 180th and Sholar of the 179th:
A resolution honoring the life of Marguerite Neel Williams and designating the Marguerite Neel Williams Memorial Highway.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield E Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Brown Y Buck
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 Cooper Cox Y Crawford Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B
Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes
Ehrhart YEpps 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
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 Lord E Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Massey Y McBee Y McCall Y McClinton McKinney Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWea! Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Scott Y Shanahan Y Shaw Y Shipp Y Sholar E 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 E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Tkylor E Teague Y Teper YTillman Y Tolbert Y Trense 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 Resolutions, the ayes were 152, nays 0.
The Resolutions, having received the requisite constitutional majority, were adopted.
Representatives Scott of the 165th, Cummings of the 27th and Cox of the 105th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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HR 881. By Representatives Whitaker of the 7th and Poag of the 6th: A resolution designating the Brett C. Dickey Bridge.

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

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

Y Alien Y Anderson
Y Ashe Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield
E 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
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Day
Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y 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 Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland
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 E Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

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

Smith, L.R Y Smith, P
Smith, T Y Smith, V E Smyre Y Sneffing
Snow Squires Y Stallings
Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
E Teague Y Teper
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 adoption of the Resolution, the ayes were 152, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Retirement:
HB 1285. By Representatives Irvin of the 45th, Ehrhart of the 36th, Graves of the 125th, Snelling of the 99th, Stancil of the 16th and others: A bill to amend Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," so as to provide for the appointment of a taxpayers' pension advocate; to provide that such advocate's duties shall be to

WEDNESDAY, FEBRUARY 16, 2000

953

raise all possible factual and legal objections to the separation of the employee and the granting of involuntary separation benefits to such person.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Natural Resources and Environment:
HB 1464. By Representatives Jamieson of the 22nd and McCall of the 90th:
A bill to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to specify conditions under which such districts shall not be liable for certain loss, damage, injury, or death.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1055. By Representative Smith of the 91st: A resolution commending the Oconee County High School athletic program and marching band and inviting the captains, senior players, coaches, band director, and drum major to appear before the House of Representatives.
HR 1056. By Representative Coleman of the 80th: A resolution inviting the coaches and players of the Duluth High School Lady Wildcats softball team and the principal of Duluth High School to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 1362. By Representatives Royal of the 164th, Hanner of the 159th, McCall of the 90th, Reaves of the 178th, Murphy of the 18th and others:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Flint River Drought Protection Act"; to define certain terms; to provide that the Board of Natural Resources shall establish a drought protection program for the Flint River basin; to provide that the board may contract with the Georgia Environmental Facilities Authority; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, so as to provide that such authority may contract with the Board of Natural Resources for certain matters.

The following Committee substitute was read:
A BILL
To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to enact the "Flint River Drought Protection Act"; to define certain terms; to provide that the Board of Natural Resources shall establish a drought protection program for the Flint River basin; to provide that the board may contract with the Georgia Environmental Facilities Authority; to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall each year

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predict whether drought conditions are likely in the Flint River basin; to provide for an irrigation reduction auction; to provide that certain persons holding water withdrawal permits may offer to cease irrigating a number of acres in exchange for a certain sum of money; to provide for the acceptance of bids; to provide for an order requiring certain permit holders to cease or reduce irrigation; to provide for compensation; to provide for investigations; to provide for enforcement; to provide for matters relative to the foregoing; to change certain well water standards as they relate to irrigation wells; to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, so as to provide that such authority may contract with the Board of Natural Resources for certain 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 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end thereof the following:
"ARTICLE 9
12-5-540.
This article shall be known and may be cited as the 'Flint River Drought Protection Act.'
12-5-541.
(a) The General Assembly declares its intent and the public policy of this state that the state plans, regulates, and controls the withdrawal and the use of the waters of the state under the laws of Georgia to protect the public health, safety, and welfare; and the granting of any water withdrawal permit allows the permittee to use the water solely for the stated purposes described in the permit so long as such use is consistent with the public welfare of the state and upon such conditions as the state may prescribe. This declaration of intent shall also apply to all aspects of this article.
(b) The General Assembly finds that the use of water resources for the state for agricultural purposes is of vital importance to Georgia and southwest Georgia in particular; the protection of the Flint River flow is necessary for a healthy riverine ecosystem and a healthy population of aquatic life; the use of water resources during drought conditions may interfere with public and private rights; the economic well-being of the State of Georgia is dependent on a strong and efficient agricultural industry; the wise use of water, the protection of stream flow, and the economic well-being of the state will be furthered by proper water allocation in periods of drought; and a program providing incentives to ensure that certain irrigated lands are temporarily not irrigated during severe droughts will promote the wise use of water resources, the protection of stream flows, and the economic well-being of the state.
(c) The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (b) of this Code section by and through the authority with appropriated funds for the purposes of this article, grants, and other sources of revenue. The General Assembly intends for the total maximum balance of the unexpended drought protection funds during any fiscal year not to exceed $30 million. In the event the total balance of unexpended drought protection funds at the end of a fiscal year is less than $5 million, it is the intent of the General Assembly that the total balance of unexpended drought protection funds be replenished to at least $10 million at

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the earliest possible time. Appropriation of funds for inclusion in and as part of the drought protection funds shall be deemed consistent with this declaration of legislative intent.

12-5-542.

As used in this article, the term:

(1) 'Acceptable Flint River stream flow' means the quantity of stream flows at one or more specific locations on the Flint River which provides for aquatic life protection and other needs as established by the director, based on municipal, agricultural, industrial, and environmental needs.

(2) 'Affected area' means that portion of the state lying within the Flint River basin and areas where ground-water use from the Floridan aquifer can affect the stream flow in the Flint River or its tributaries.

(3) 'Authority" means the Georgia Environmental Facilities Authority created by Chapter 23 of Title 50.

(4) 'Board' means the Board of Natural Resources.

(5) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.

(6) 'Division' means the Environmental Protection Division of the Department of Natural Resources.

(7) 'Drought conditions' means any condition which results in a stream flow that is lower than the acceptable Flint River stream flow.

(8) 'Drought protection funds' means the funds held by the authority as provided in Code Section 12-5-545 for the accomplishment of the purposes of this article.

(9) 'Flint River basin' means the area of land which drains into the Flint River or its tributaries.

(10) 'Floridan aquifer' means those rocks and sediments described in United States Geological Survey Open-File Report 95-321 (1996) that are capable of yielding ground water to wells or discharging water into the Flint River or its tributaries.

(11) 'Irrigated land' means farm land which is irrigated by ground water or surface water pursuant to a water withdrawal permit issued by the director pursuant to Code Section 12-5-31 or 12-5-96.

(12) 'Irrigation reduction auction' means the procedure established by subsection (b) of Code Section 12-5-546 pursuant to which permittees submit offers to cease irrigation of a specified number of acres in exchange for a certain sum of money.

(13) 'Permittee' means a person holding a valid permit issued before December 1, 2000, pursuant to Code Section 12-5-31 or 12-5-96.

(14) 'Stream flow' means the quantity of water passing a given location of the Flint River over a given time period expressed in cubic feet per second.

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12-5-543.
(a) The board is authorized arid directed to establish by rule and regulation for a drought abatement program for the Flint River basin in accordance with this article.
(b) In the performance of its duties, the board shall have and may exercise the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary. The rules and regulations may include, but shall not be limited to, the following:
(1) Prescribing eligibility requirements for permittees of irrigation systems located in the affected areas to receive payments from the drought protection funds in accordance with Code Section 12-5-546. Such eligibility requirements shall include, without limitation, the following requirements:
(A) The permittee must have applied to the division for a surface-water or ground-water withdrawal permit prior to December 1, 1999, and must have received a surface-water or ground-water withdrawal permit from the division prior to December 1, 2000; provided, however, that, if the director fails to act on a permit application by December 1, 2000, the time for receipt of a permit shall be extended until such time as the director makes a decision on the application. If the director's decision is to deny the permit and that decision is reversed on appeal, the date of receipt of a permit shall be deemed to be the date of the director's decision; and
(B) The permittee must have demonstrated, in a manner to be defined by the director, actual previous irrigation by the permitted irrigation system on the same acres of land which the permittee agrees not to irrigate in a given year;
(2) Establishing documentation requirements for nonuse of an irrigation system pursuant to an agreement entered into pursuant to Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547;
(3) Establishing rules and procedures to be followed in connection with the irrigation reduction auction conducted pursuant to subsection (b) of Code Section 12-5546;
(4) Establishing rules and procedures to be followed in connection with payments to permittees from the drought protection funds pursuant to Code Section 12-5-547; or
(5) Establishing rules and procedures for the conduct of meetings and hearings.
(c) Any rules and regulations promulgated by the board shall be submitted by the board to the Speaker of the House of Representatives and the President of the Senate for distribution to the members of the General Assembly at the next regular session and shall become effective upon the expiration of that session unless during that session a resolution disapproving such regulations shall have been adopted by both houses.
12-5-544.
In the performance of his or her duties, the director shall have and may exercise the power to:
(1) Exercise general supervision over the enforcement of this article and all rules, regulations, and orders promulgated pursuant to this article;

WEDNESDAY, FEBRUARY 16, 2000

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(2) Establish acceptable Flint River stream flows at one or more locations;
(3) Establish those geographical areas in or adjacent to the lower Flint River basin where the division's studies indicate that ground-water use from the Floridan aquifer may affect stream flow in the Flint River or its tributaries;
(4) Predict or declare when severe drought conditions exist or are expected to exist during a given year based on historical, mathematical, meteorological, or other scientific considerations which may be published by the director and which may be developed in consultation with the state climatologist, the state geologist, or other appropriate experts;
(5) Establish criteria necessary to prove actual previous irrigation of lands for which a permittee seeks payment from drought protection funds;
(6) Make investigations and inspections to ensure compliance with this article, the rules and regulations issued pursuant to this article, and any agreement or order that the division or director enters into or issues pursuant to this article;
(7) Institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative or civil proceedings to enforce this article, the rules and regulations promulgated under this article, or any agreements or orders entered into or issued under this article;
(8) Contract with the authority for implementing and carrying out, in whole or in part, the purposes of a drought abatement program for the Flint River basin in accordance with this article and direct the authority to make expenditures from the drought protection funds in accordance with this article;
(9) Receive and collect all repayment penalties paid pursuant to this article and to transfer same to the authority for inclusion in the drought protection funds;
(10) Encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article; and
(11) Perform any and all acts and exercise all incidental powers necessary to carry out the purposes and requirements of this article.
12-5-545.
The authority shall administer the drought protection funds provided to it for purposes of this article and shall make expenditures from said funds in accordance with and at the direction of the director pursuant to Code Sections 12-5-546 and 12-5-547. With the prior consent and approval of the director, the authority is authorized to expend a portion of the drought protection funds for incidental costs and expenses reasonably incurred by the authority in connection with its administration of the drought protection funds for such things as postage, office supplies, and prorated salaries and wages of personnel assigned the tasks associated with management of the drought protection funds. The authority is further authorized and directed to invest the unexpended balance of the drought protection funds in the same manner as other funds under its control. Any interest or other revenues earned on the principal of the drought protection funds shall be added to the unexpended balance of the drought protection funds and become a part thereof. Upon request of the director, the authority shall provide such accounting information to the director as may be reasonably necessary for the director to perform his or her duties and functions pursuant to this article. All moneys deposited in the drought protection funds shall be deemed to be contractually obligated and shall not lapse to the general fund.

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12-5-546.
(a) On or before March 1 of each year, the division will issue a prediction as to whether severe drought conditions are expected during the year.
(b) If severe drought conditions are predicted or otherwise declared in accordance with subsection (a) of this Code section, the division will determine the total number of acres of irrigated land, serviced by irrigation systems located within one or more of the affected areas, that must not be irrigated that year in order to maintain the acceptable Flint River stream flow. Upon such determination, the division shall conduct an irrigation reduction auction whereby a permittee of an irrigation system located within the affected areas is given an opportunity to enter into an agreement with the division, agreeing that in exchange for a certain sum of money per acre of irrigated land serviced by the irrigation system, the permittee will not irrigate those particular acres for the remainder of that calendar year. The authority shall pay the sum so agreed upon when so directed by the director from the unexpended balance of the drought protection funds. In conducting the irrigation reduction auction, the division may establish a maximum dollar amount per acre to be expended from the drought protection funds for such purposes.
(c) An agreement entered into in accordance with subsection (b) of this Code section shall be upon such terms and conditions as the division may deem necessary. The agreement shall provide for payment of the agreed upon sum within 30 days of the date of execution of the agreement by the parties. Failure of a permittee to comply with all terms of the agreement for the duration thereof shall be deemed a violation of such agreement and this article and shall be subject to enforcement by the director as provided in this article.
(d) A permittee who enters into an agreement in accordance with subsection (b) of this Code section shall not irrigate during the period covered by the agreement on those acres that the owner has agreed not to irrigate. If the permittee irrigates said acres during the period covered by the agreement, such action shall be deemed a violation of the agreement and this article and shall be subject to a penalty as determined by the director as provided in this article.
(e) The expenditure of funds under this article as an incentive to permittees not to irrigate lands is deemed by the legislature as a valid use of state moneys to promote valid land use policies that result in the protection of the riverine environment by ensuring that such lands not be irrigated for specified periods of time. No expenditure of funds under this article shall be considered a lease or repurchase of any irrigation permit issued by the director, nor shall it be considered an acknowledgement by the State of Georgia of a property right in any permit issued by the director.
12-5-547.
If the director determines that the total number of nonirrigated acres needed during a given year cannot be sufficiently obtained through the irrigation reduction auction held in accordance with Code Section 12-5-546, the director is authorized to issue an order, in accordance with rules adopted by the board, requiring certain permittees not to irrigate a specified number of acres of irrigated land until the end of the calendar year. When issuing such orders, the director shall begin with the permittees whose withdrawal permits were issued most recently and then work chronologically backward with each order issued. A permittee who is issued such an order shall be compensated for such restriction if such permittee applied to the division for a surfacewater or ground-water withdrawal permit prior to December 1, 1999, received a surface-water or ground-water withdrawal permit from the division prior to December 1,

WEDNESDAY, FEBRUARY 16, 2000

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2000, and is able to demonstrate actual previous irrigation on the same acres of land which the owner has been ordered not to irrigate. The per acre dollar amount received by a permittee pursuant to this Code section shall be equal to the average agreed upon sum per acre paid pursuant to the irrigation reduction auction during the same year.
12-5-548.
(a) The division shall have the right, in accordance with rules adopted by the board, to conduct such investigations and inspections as may reasonably be necessary to carry out its duties prescribed in this article and to ensure compliance with this article, the rules and regulations issued pursuant to this article, and any agreement or order that the division or director enters into or issues pursuant to this article. For these purposes, the division shall have the right to enter at reasonable times any property, public or private, and conduct such investigations or inspections.
(b) No person shall refuse entry or access to any authorized representative of the division who requests entry for the purposes of a lawful inspection and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his or her official duties consistent with the provisions of this article.
12-5-549.
(a) Except as may otherwise be provided in Code Section 12-5-547, whenever the director has reason to believe that a violation of any provision of this article or any rule or regulation adopted pursuant to this article has occurred, he or she shall attempt to obtain compliance therewith by conference, conciliation, or persuasion, if the making of such an attempt is appropriate under the circumstances. If he or she fails to obtain compliance in this manner, the director may order the violator to take whatever corrective action the director deems necessary in order to obtain such compliance within a period of time to be prescribed in such order.
(b) Except as may otherwise be provided in Code Section 12-5-547, any order issued by the director under this article shall become final unless the person or persons named therein file with the director a written request for a hearing within 30 days after such order or permit is served on such person or persons.
(c) Except as may otherwise be provided in Code Section 12-5-547, hearings on contested matters and judicial review of final orders and other enforcement actions under this article shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2.
(d) The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final order of the director unappealed from or a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court.
(e) For purposes of this Code section, a violation of an agreement entered into in accordance with Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547 shall be prima facie established upon a showing that:

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(1) During the effective period of the agreement or order, the irrigation system was observed in person or via remote sensing or otherwise established by representatives of the division or others to have been operating and disbursing water; or
(2) During the effective period of the agreement or order, a seal, lock, or other device placed by the division on the system to prevent operation of the system has been broken or otherwise tampered with.
12-5-550.
(a) A repayment penalty in the amount of three times the dollar amount of payments received from the drought protection funds shall be paid by any person who irrigates in violation of an agreement entered into in accordance with Code Section 12-5-546 or in violation of an order issued by the director in accordance with Code Section 12-5547. Such penalties shall be assessed on a per violation basis. A violation shall be deemed to have occurred each time a person irrigates in violation of an agreement or order.
(b) Within 30 days after discovery that a permittee violated an agreement entered into pursuant to Code Section 12-5-546 or an order issued by the director in accordance with Code Section 12-5-547, the director shall send via certified mail a notice of violation to the permittee stating:
(1) The date on which the violation occurred;
(2) The facts constituting the violation and a statement that such facts will be deemed admitted unless denied by petition for hearing; and
(3) The total dollar amount of repayment penalties owed by the permittee, together with a demand that said amount be paid in full within 30 days of the permittee's receipt of the notice.
(c) A permittee receiving a notice of violation pursuant to this Code section shall have 30 days from receipt thereof either to pay in full the total amount of repayment penalties set forth in the notice or to submit a petition challenging such notice to the director. If a petition is filed within the required time, then a hearing shall be conducted with respect to same in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations applicable thereto.
(d) If a permittee receiving a notice of violation pursuant to this Code section does not either pay the total amount of repayment penalties or submit a petition challenging the notice, then the facts set out in the notice shall be deemed admitted and the director shall issue an order to the permittee, assessing the total repayment penalties due from the permittee as set forth in the notice of violation and requiring payment of same within 30 days of issuance of the order. Any order issued by the director pursuant to this subsection shall be deemed final, and no hearing or appeal may be taken."
SECTION 2.
Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, is amended by striking in its entirety paragraph (3) of Code Section 12-5-134, relating to standards for wells and boreholes, and inserting the following:
"(3) Irrigation wells shall be constructed in accordance with the standards established for individual and nonpublic wells except that the well does not require disinfection. The minimum depth of the grout seal shall be at least 20 feet below ground

WEDNESDAY, FEBRUARY 16, 2000

961

surface. Irrigation wells having casing of internal diameter of more than four inches and capable of producing 100,000 gallons of water per day or more shall be constructed only after the division has issued a letter of concurrence or a permit to the landowner;".
SECTION 3.

Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Environmental Facilities Authority, is amended by striking the word "and" at the end of paragraph (29) of subsection (b), by striking the symbol "." at the end of paragraph (30) of such subsection and inserting the symbol and word "; and", and by inserting at the end of such subsection the following:

"(31) To contract with the director of the Environmental Protection Division of the Department of Natural Resources for the implementation and operation, in whole or in part, of any drought protection program."
SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.

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

The following amendment was read:

Representative Franklin of the 39th moves to amend the Committee substitute to HB 1362 as follows:
Page 5 line 27 change "unless" to "if
Page 5 line 28 change "disapproving" to "approving".

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 E Birdsong N Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck
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
Cummings Y Davis, M N Davis, T N Day Y Dean N DeLoach, B

N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin
Golick N Graves N Greene N Grindley Y Hammontree N Hanner N Harbin N Harrell

N Heard N Heckstall N Hegstrom
Hembree N 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 N Jenkins N Jennings

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

962
N Morris N Mosley
Muellsr N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote N Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas

JOURNAL OF THE HOUSE

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

N Scott N Shanahan N Shaw N Shipp N Sholar E 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

E 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 E Teague
Teper N Tillman N Tolbert

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

On the adoption of the amendment, the ayes were 27, nays 136. The amendment was lost.

Representative Howard of the 118th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Committee substitute was adopted.

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

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

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

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

Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder 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 Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar E 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 E Smyre
Snelling
Y Snow Y Squires

WEDNESDAY, FEBRUARY 16, 2000

Y Stallings Y Stancil
Y Stanley, P Y Stanley-Turner
Stephens
Y Stokes Stuckey

Y Taylor E 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

963
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 150, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Howard of the 118th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 499 and HB 1375 were postponed until Thursday, February 17, 2000.

The following Resolution of the Senate was read:
SR 562. By Senators Walker of the 22nd, Starr of the 44th and Hooks of the 14th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Thursday, February 17, 2000, and shall reconvene on Monday, February 21, 2000, and 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.
BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate and the hour for convening the House on each such Monday may be as ordered by the House.

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

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

Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner
Bulloch Y Bunn Y Burkhalter

Y Byrd
Y Callaway Y Campbell Y Cash Y Channel! Y Childers
Clark
Y Coan Y Coleman, B Y Coleman, T

Y Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T
Y Day Dean
Y DeLoach, B

Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Y Evans Y Everett Y Felton

964
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
Holmes Y Houston
Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L

JOURNAL OF THE HOUSE

Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
YLord E Lucas Y Maddox Y Mann Y Manning Y Martin, J
Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney YMillar Y Mills
Y Mobley Y Morris Y Mosley

Mueller Y CWeal
YOrrock 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 E Sims
Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T Y Smith, V
E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil

Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague
Y Teper Y Tillman Y Tblbert 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 adoption of the Resolution, the ayes were 160, nays 0. The Resolution was adopted.
The Speaker announced the House in recess until 1:30 o'clock this afternoon.

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965

AFTERNOON SESSION
The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 1060. By Representative McCall of the 90th: A resolution commending Jeremiah Gilmore.
HR 1061. By Representatives Purcell of the 147th, Hudson of the 156th, Royal of the 164th, Powell of the 23rd, McCall of the 90th and others: A resolution recognizing "Rural Crisis Day".
HR 1062. By Representatives Stuckey of the 67th, Henson of the 65th, Orrock of the 56th, Martin of the 145th, Brown of the 130th and others: A resolution recognizing the efforts of Rotary Clubs of Georgia to promote world peace and understanding through their Georgia Rotary Student Program.
HR 1063. By Representative McCall of the 90th: A resolution honoring the Lincolnton Baptist Church on the occasion of its 175th anniversary.
HR 1064. By Representative McCall of the 90th: A resolution commending Adam Erwin.
HR 1065. By Representative Floyd of the 138th: A resolution recognizing and commending Miss Katrina Papel, 2000 Georgia Watermelon Queen.
HR 1066. By Representatives Martin of the 47th, Coleman of the 142nd, Walker of the 141st, Lane of the 146th, Reichert of the 126th and others: A resolution expressing regret at the passing of Mr. Erv Goodroe.
HR 1067. By Representatives Powell of the 23rd, Murphy of the 18th, Connell of the 115th, Walker of the 141st, Parham of the 122nd and others: A resolution expressing regret at the passing of Mr. Bill McBrayer and Mr. Erv Goodroe.
HR 1068. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Dr. Carl Jordan.
HR 1069. By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Buck of the 135th and others: A resolution commending Virginia Tucker Peebles.

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HR 1070. By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Buck of the 135th and others: A resolution commending Mary K. Stovall-Tapley.
HR 1071. By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Buck of the 135th and others: A resolution commending Marcia Deans Wolfs.
HR 1072. By Representatives Hugley of the 133rd, Taylor of the 134th, Smyre of the 136th, Smith of the 102nd, Buck of the 135th and others: A resolution commending Sarah M. Kelly.
HR 1073. By Representatives Brooks of the 54th, Randall of the 127th, Lucas of the 124th and Reichert of the 126th: A resolution honoring William D. Young and expressing regret at his passing.
HR 1074. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd, Hugley of the 133rd, Smith of the 102nd and others: A resolution expressing regret at the passing of Honorable Harry Cook Jackson.
HR 1075. By Representatives McCall of the 90th, Walker of the 141st, Powell of the 23rd, Twiggs of the 8th, Shaw of the 176th and others: A resolution commending the nuclear energy and nuclear transportation industries for the safe and efficient handling of used nuclear fuel.
HR 1076. By Representative Purcell of the 147th: A resolution commending Mr. H. Dean Wooten.
HR 1077. By Representative Purcell of the 147th: A resolution commending Mr. Darwin H. Bxley.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 1277. By Representatives Floyd of the 138th and Hudson of the 156th: A bill to amend Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to Georgia Cotton Producers Indemnity Fund of 1999, so as to change the provisions relating to payment of funds from the Georgia Cotton Producers Indemnity Fund of 1999; to provide for a definition; to provide for payment of claims for certain additional losses.

WEDNESDAY, FEBRUARY 16, 2000

967

The following amendment was read and adopted:

Representative Porter of the 143rd moves to amend HB 1277 as follows: P. 2 line 69, delete "September 1, 1999" and insert "May 1, 2000" P. 2 line 70, delete "December 31, 1999" and insert "May 1, 2000" P. 2 line 73 & 74, delete "September 1, 1999" and insert "May 1, 2000" P. 2 line 86, delete "September 1, 1999" and insert "May 1, 2000"

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

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

Y Hugley Irvin
Y Jackson, B Jackson, L James
Y 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 E Massey Y McBee Y McCall
McClinton McKinney Y Millar Mills Mobley Y Morris Y Mosley Mueller Y OTSTeal Y Orrock Par ham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Reece Reed Y Reese Y Reichert Y Rice Y Richardson Roberts Y Rogers E Royal Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E Sholar E Sims 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 E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Tilhnan Y Tblbert 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 Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 117, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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Representatives Burkhalter of the 41st and Jones of the 71st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 1320. By Representatives Jackson of the 112th, DeLoach of the 119th, Grindley of the 35th, Poag of the 6th, Bailey of the 93rd and others:
A bill to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to noncommercial fishing, so as to change the provisions relating to fishing with bow and arrow; to authorize the taking of channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of bow and arrow under certain conditions.

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

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

Alien Anderson Y Ashe Y Bailey Bannister Y Barnard Barnes Y Benefield E Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter YByrd 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 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 Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston Howard Y Hudgens Hudson, H E 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 Y Martin, J Y Martin, J.L E Massey Y McBee Y McCall Y McClinton
McRinney 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
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Y Reece
Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers E Royal
Sanders Y Sander Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E Sholar E Sims
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 E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor E 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
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.

WEDNESDAY, FEBRUARY 16, 2000

969

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 1323. By Representatives Hugley of the 133rd, Hudson of the 156th, Murphy of the 18th, Smith of the 91st, Parsons of the 40th and others:
A bill to amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, so as to provide for additional grounds for refusing to register or for disciplining an athlete agent, including prohibited contacts with an athlete, accepting as a client an athlete referred by an employee of an institution of higher education in exchange for consideration, offering anything of value to induce an athlete to enter into an agent contract, or postdating an agent contract.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, so as to provide for additional grounds for refusing to register or for disciplining an athlete agent, including prohibited contacts with an athlete, accepting as a client an athlete referred by an employee of an institution of higher education in exchange for consideration, offering anything of value to induce an athlete to enter into an agent contract, or postdating an agent contract; to change the provisions relating to criminal penalties; to change the provisions relating to notice of the signing of an agent contract that is given to an institution of higher education and the Georgia Athlete Agent Regulatory Commission; to provide for certain terms to be included in agent contracts, including the athlete's right to rescind the contract; to authorize an institution of higher education to bring a civil action against an athlete agent for the recovery of damages due to violations of Chapter 4A of Title 43; 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 4A of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of the profession of athlete agents, is amended by striking in its entirety Code Section 43-4A-7, relating to the grounds for refusal or revocation of registration as an athlete agent, and inserting in lieu thereof a new Code Section 43-4A-7 to read as follows:
"43-4A-7.
(a) The commission, by a majority of its members present and voting, may refuse to grant a registration to an applicant therefor or may revoke a registration of a person registered by the commission or may discipline a person registered by the commission upon making a finding that the applicant or registrant or his or her representative or employee:

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JOURNAL OF THE HOUSE

(1) Has made a material false, misleading, deceptive, untrue, or fraudulent representation as an athlete agent or in any document connected therewith or practiced fraud or deceit or made a false statement of a material nature in his or her application for registration or made a false or deceptive statement of a material nature on an application for biennial registration renewal with the commission;

(2) Has ever misappropriated funds or engaged in other specific acts such as embezzlement, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity;

(3) Has engaged in such other conduct that has a significant adverse impact on his or her creditability, honesty, integrity, or competence to serve in a fiduciary capacity;

(4) Has engaged in conduct which results in a violation of any rule or regulation promulgated by an intercollegiate sports governing body;

(5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state;

(6) Has been convicted of violating a statute, law, or any rule or regulation of this state, any other state, the commission, the United States, or any other lawful licensing authority, without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates athlete agents, or violating a lawful order of the commission previously entered by the commission in a disciplinary hearing;

(7) Is unwilling to swear or affirm that he or she will comply with such rules and standards of conduct for athlete agents as may from time to time be promulgated by the commission; er

(8) Has engaged in conduct which results in an athlete's losing eligibility to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education?;

(9) Except as provided in subsection (b) or (c) of this Code section, has directly or indirectly contacted an athlete prior to the completion of the athlete's last intercollegiate contest for the purpose of entering or soliciting entry into an agent contract;

(10) Has accepted as a client an athlete referred by and in exchange for any consideration made to an employee or coach of an institution of higher education;

(11) Has offered anything of value to any person to induce an athlete to enter into an agent contract; or

(12) Has postdated an agent contract.

(b) This chapter does not prohibit an athlete agent from sending to an athlete written materials, provided that the athlete agent simultaneously sends an identical copy of such written materials to the athletic director of the institution of higher education in which the athlete is enrolled, or with which the athlete has signed a national grant-inaid, or to such athletic director's designee.

WEDNESDAY, FEBRUARY 16, 2000

971

(c) This chapter does not prohibit an athlete agent from contacting an athlete for the purpose of entering or soliciting entry into an agent contract, provided that the athlete or the athlete's parent or guardian initiates the contact and the athlete agent gives prior notice of his or her contact to the athletic director of the institution of higher education in which the athlete is enrolled, or with which the athlete has signed a national grant-in-aid, or to such athletic director's designee.

(bXd) The refusal to grant a registration shall not 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 such chapter shall not be required. Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the commission and the applicant shall be allowed to appear before the commission if the applicant so requests in writing."

SECTION 2.

Said chapter is further amended in Code Section 43-4A-11, relating to violations and criminal penalties, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Any person who engages in the occupation of an athlete agent with an athlete without complying with this chapter or who otherwise violates any proviaiona of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00 or by imprisonment from one to five years, or both."

SECTION 3.

Said chapter is further amended in Code Section 43-4A-16, relating to the signing of contracts prior to termination of an athlete's eligibility at an institution of higher education, by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof the following:

"(2) An athlete agent who signs an athlete to an agent contract prior to the termination of the athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education shall notify the commiaaion in writing within ten daya of the date of said signing. The athlete agent ahull provide the name of the athlete, the name of the athlete's institution of higher education, and the aport or sports in which the athlete competes at said institution. The eommiaoion ahall within acvon buaincaa daya notify in writing the athletic director at the institution of higher education, provided that said institution has filed the annual report re quired by subsection (b) of Code Section 43 4A 4 provide written notice of the contract to the athletic director of the institution of higher education in which the athlete is enrolled or with which the athlete has signed a national grant-in-aid. The athlete agent must give the notice before the contracting athlete practices or participates in any intercollegiate athletic event or within 72 hours after entering into the contract, whichever comes first."

SECTION 4.

Said chapter is further amended by adding a new Code section, to be designated as Code Section 43-4A-16.1, to read as follows:

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JOURNAL OF THE HOUSE

"43-4A-16.1.

(a) An agent contract must be in writing, state the fees and percentages to be paid by the athlete to the athlete agent, and have a notice printed near the athlete's signature containing the following statement in ten-point boldface type:

'NOTICE TO THE ATHLETE: WHEN YOU SIGN THIS CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN INTERCOLLEGIATE ATHLETICS. DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING OF YOUR DESIRE TO CANCEL NOT LATER THAN THE FIFTEENTH DAY AFTER THE DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS CONTRACT, THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION OR THE CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE ATHLETICS.'

(b) An agent contract which does not meet the requirements of this Code section is void and unenforceable.

(c) The athlete shall have the right to rescind an agent contract by giving written notice to the athlete agent of the athlete's rescission of the contract within 15 days after the date on which the agent signs the contract. The athlete may not under any circumstances waive the athlete's right to rescind the agent contract.

(d) A postdated agent contract is void and unenforceable.

(e) An athlete agent shall not enter into an agent contract that purports to take effect or takes effect at a future time after the athlete no longer has remaining eligibility to participate in intercollegiate athletics. Such a contract is void and unenforceable."

SECTION 5.

Said chapter is further amended by adding at the end thereof a new Code section, to be designated as Code Section 43-4A-20, to read as follows:
"43-4A-20.

(a) An institution of higher education may bring a civil action for recovery of damages against an athlete agent if the institution of higher education is damaged by the acts of the athlete agent or the athlete agent's representative or employee in violation of this chapter. Such action shall be brought within four years after the right of action accrues.

(b) An institution of higher education is presumed to be damaged by the acts of an athlete agent or the athlete agent's representative or employee if, because of those acts:

(1) The institution of higher education is penalized, suspended, or disqualified from participation in one or more interscholastic or intercollegiate athletic events by the National Collegiate Athletic Association or by an intercollegiate athletic conference; and

WEDNESDAY, FEBRUARY 16, 2000

973

(2) As a result of said penalty, suspension, or disqualification, the institution of higher education suffers an adverse financial impact due to:

(A) Loss of revenue from media coverage of a sports contract;

(B) Loss of the right to grant an athletic scholarship;

(C) Loss of the right to recruit an athlete;

(D) Loss of the right to participate in a postseason athletic competition;

(E) Forfeiture of an athletic contest; or

(F) Loss of other discernible opportunities through which the institution would have realized revenue.

(c) An institution of higher education that prevails in an action brought under this Code section may recover actual damages, punitive damages, court costs, and reasonable attorneys' fees."

SECTION 6.

This Act shall become effective on July 1, 2000, and shall apply with respect to acts occurring on or after that date.

SECTION 7.

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

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

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

Alien Y Andersen Y Ashe Y Bailey
Y Bannister Y Barnard
Barries Y Benefield
E Birdsong Y Bohannon
Y Bordeaux Borders
Y Bridges Y Brooks
Y Brown Y Buck Y Buckner
Y Bulkich Y Bunn Y Burkhalter Y Byrd Y Callaway
Campbell
Y Cash Y Channell

Y Childers Y Clark Y Coan Y Coleman, B
Y Coleman, T Y Connell Y Cooper Y Cox
Y Crawford Y Cummings
Y Davis, M Y Davis, T Y Day
Dean
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 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
Houston Y Howard Y Hudgens
Hudson, H E 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 N Lucas Y Maddox Y Mann
Y Manning Y Martin, J Y Martin, J.L
Y Massey McBee
Y McCall Y McClinton
McKinney Millar
Y Mills Y Mobley

Y Morris Y Mosley
Mueller Y CWeal
Y Orrock Y Parham Y Parrish 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 Y Richardson

974
Y Roberts Y Rogers B Royal Y Sanders Y Sander Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp

JOURNAL OF THE HOUSE

E Sholar E Sims
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 E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stantil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor E 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, H Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1364. By Representatives Powell of the 23rd and Parham of the 122nd: A bill to amend Code Section 40-3-50 of the Official Code of Georgia Annotated, relating to perfection of security interests in motor vehicles generally, so as to provide for perfection by delivery of notice.

The report of the Committee, which was favorable to the 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
Barnes Y Benefield E 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 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 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
Hudson, H E Hudson, N Y 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 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

Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers E Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan Y Shaw Y Shipp E Sholar E 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 E Smyre Y Snelling Y Snow Y Squires

WEDNESDAY, FEBRUARY 16, 2000

Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

Y Taylor E Teague Y Teper Y Tillman Y Tolbert E Trense
Turnquest

Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland

975
Y Whitaker Y Wiles Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative 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 1286. By Representatives Martin of the 145th, Parham of the 122nd, Parrish of the 144th, Crawford of the 129th and Martin of the 47th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services.

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

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Barnes Y Benefield E 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 Y Connell Y Cooper

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

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

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts
Rogers E Royal

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp E Sholar E 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 E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor

976
E Teague Y Teper Y Tillman Y Tolbert

JOURNAL OF THE HOUSE

E Trense 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, K Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 878. By Representative Rogers of the 20th: A resolution authorizing the conveyance of certain state owned real property located in Hall County.
The following Committee substitute was read and adopted: A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Hall County, Georgia; to repeal provisions of a certain Act; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; and
WHEREAS, 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 Farley, 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; and
WHEREAS, said property is under the custody of the Department of Juvenile Justice and is the location of the Hall County Regional Youth Development Center; and
WHEREAS, 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; and
WHEREAS, Hall County has agreed to convey to the state the property for the abovementioned new location for a consideration of $1.00; and
WHEREAS, Hall County is desirous of acquiring the above-described property to use for public purposes; and
WHEREAS, 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 property being conveyed to Hall County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

WEDNESDAY, FEBRUARY 16, 2000

977

SECTION 1.
That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above-described real property may be conveyed by appropriate instrument to Hall County by the State of Georgia, acting by and through the State Properties Commission after the Department of Juvenile 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 3.
That if Hall County should convey to a private entity the above-described property, as improved, the county shall remit to the state the consideration of the fair market value of the improvements the state made to the property; provided, however, that should Hall County raze said improvements prior to conveyance to a private entity, the county may retain all proceeds derived from the conveyance.
SECTION 4.
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 5.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 6.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7.
That Article 11 of an Act authorizing the conveyance of certain state owned real property located in various areas of the state, approved April 28, 1999 (Ga. L. 1999, p. 969), H.R. No. 169, Act No. 15, is repealed in its entirety; provided, however, that only the provisions of Article 11, relating to Hall County, are so repealed.
SECTION 8.
That all laws and parts of laws in conflict with this resolution are repealed.

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

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JOURNAL OF THE HOUSE

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

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

Y Davis, T YDay 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
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens
Hudson, H E Hudson, N

Y 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 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 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 E Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E Sholar E 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 E Smyre Y Snelling Y Snow Y Squires Y Stallings
Stancil Y Stanley, P Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor E 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 adoption of the Resolution, by substitute, the ayes were 156, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
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.

WEDNESDAY, FEBRUARY 16, 2000

979

The following Senate substitute was read:
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.
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:

980 "8-2-26.1.

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(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;

(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 TwoFamily 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.

WEDNESDAY, FEBRUARY 16, 2000

981

(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 the governing authority may retain qualified inspectors not employed by the governing authority to conduct inspections. If the governing authority does not so retain qualified inspectors, 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 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, 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 or erosion control 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."

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SECTION 4. This Act shall become effective on July 1, 2000.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Westmoreland of the 104th moved that the House agree to the Senate substitute to HB 150.

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

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

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Ployd 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
Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H E Hudson, N

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

Y Pelote Y Pinholster Y Poag 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 E Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E Sholar E 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 E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert E Trense
Tnrnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 156, nays 1. The motion prevailed.
Representative Callaway of the 81st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, FEBRUARY 16, 2000

983

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 Senate substitute was read:
A BILL
To amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard 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 valid written 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.
(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 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.

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(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, 2000.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Representative Westmoreland of the 104th moved that the House agree to the Senate substitute to HB 151.

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

Y Alien
Y Andersen Y Ashe Y Bailey Y Bannister Y Barnard
Barnes Y Benefield E 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
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 Y Ehrhart Y Epps Y Evans

Y Everett
Y Felton Y Floyd Y Franklin Y Golick Y Graves
Y Greene Y Grindley Y Hammontree Y Hanner
Y Harbin Y Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree

Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Y Hudson, H E 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

WEDNESDAY, FEBRUARY 16, 2000

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 Handall Y Ray Y Reaves Y Reece

Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers E Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E Sholar E 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 E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor

985
E 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 motion, the ayes were 161, nays 0.
The motion prevailed.
HB 734. By Representatives Childers of the 13th and Parsons of the 40th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to abolish the office of the joint-secretary of the state examining boards and provide for actions taken prior to such abolition.
The following Senate substitute was read:
A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the professional licensing boards division within the office of the Secretary of State as successor to the office of the joint-secretary of the state examining boards and provide for actions taken prior to such succession; to provide for continuing existence of certain rights, privileges, entitlements and duties of parties to certain contracts, leases, agreements, and other transactions and prohibit the impairment or diminishment thereof; to change the provisions relating to definitions; to provide for references in other statutes; to rename state examining boards as professional licensing boards; to provide for a director, deputy directors, and executive directors of that division and their appointment; to provide for the directors' and board members' compensation and terms of office; to provide for the powers, duties, and functions of such directors; to provide for funding and appropriations; to provide for investigators; to provide for venue and fees; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated; to change certain references to the Superior Court of Fulton County; 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.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-1-1, relating to general provisions definitions, and inserting in its place the following:
"43-1-1.

As used in this title, the term:

(1) 'Division' means the professional licensing boards division created under Code Section 43-1-2.
K2) 'Joint-secretary' 'Division director' means the joint-secretary of the atatc exam ining boards individual appointed by the Secretary of State as director of the professional licensing boards division within the office of the Secretary of State.
tate examining Professional licensing board' means any board, bureau, commission, or other agency of the executive branch of state government which is created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade and which is placed by law under the jurisdiction of the joint 3cerctory director of the professional licensing boards division within the office of the Secretary of State."
SECTION 2.
Said title is further amended by striking Code Section 43-1-2, relating to powers of the joint-secretary, and inserting in its place the following:
"43-1-2.

(a)(l) There is created within the office of the Secretary of State the professional licensing boards division as successor to the office of the joint-secretary of the state examining boards. The Secretary of State is authorized and directed to appoint a joint secretary of the atatc examining boards director of the professional licensing boards division.

(2) Any action of the joint-secretary taken with regard to any state examining board prior to July 1, 2000, shall thereafter be deemed to be action taken by the director of the professional licensing boards division and that division director shall thereafter act in the stead of such joint-secretary and succeed to the powers and duties of the joint-secretary with regard to those state examining boards. The rights, privileges, entitlements, or duties of parties to contracts, leases, agreements, or other transactions entered into by the joint-secretary prior to July 1, 2000, shall continue to exist and shall not be impaired or diminished by reason of the succession of the division director to the powers and duties of the joint-secretary.
(b) The salary of the joint-secretary division director shall be fixed by the Secretary of State, and he or she shall hold office at the pleasure of the Secretary of State.
(c) The joint-acerctary, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall employ personnel as deemed necessary to carry out this chapter and to provide for all services required by each of the

WEDNESDAY, FEBRUARY 16, 2000

987

state examining professional licensing boards and shall establish within the guidelines provided by the laws and rules and regulations of the state merit system the qualifications of such personnel.
(d) The joint secretary division director, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required by each of the state examining professional licensing boards.
(e) The joint acerctary, with the approval of the Secretary of State, notwithstanding any other provisions of law to the contrary, shall have the power to employ and shall set the qualifications and salary for a deputy joint secretary division director and shall appoint executive directors as required who shall act in the absence of the joint ooerc *fy division director and who shall perform such other functions of the joint secretary division director under this chapter as the joint acerctary division director may designate. The qualifications and appointment of an executive director for the support of a state examining board with an executive director established by legislation prior to January 1, 1081, shall be subject to approval of that board. The deputy joint secretary division director and executive directors as appointed shall be in the unclassified service and shall be excluded from the classified service as defined in Article 1 of Chapter 20 of Title 45.
(f) Notwithstanding any other provisions of law to the contrary, each member of the various state examining professional licensing boards may receive the aomc expense allowance as that received by members of the General Assembly provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by members of the various state professional licensing boards are subject to approval of the president or chairman chairperson of the respective board and the joint secretary division director.
(g) All meetings and hearings of the respective state examining professional licensing boards shall be held in the capitol, er at the site of the office of the joint-secretary respective board, or at such other site as may be requested by the chairman chairperson or president of a state examining professional licensing board and approved by the joint-secretary division director.
(h) A majority of the appointed members of a state examining professional licensing board shall constitute a quorum for the transaction of business by that board.
(i) A schedule of all meetings and hearings of the various state examining professional licensing boards shall be maintained at the office of the joint secretary division director and be available for public review.
(j) The joint secretary division director shall establish administrative standards for the examination of applicants for licensure by the various state examining professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards shall include the setting of date, time, and location of examinations, subject to the approval of the respective atatc examining professional licens-

988

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ing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective state examining professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective state examining professional licensing boards.
(k) The joint' secretory division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various atatc examining professional licensing boards. A copy of this roster shall be available to any person upon request at a fee prescribed by the joint-secretary division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the atatc examining professional licensing board to which application is made:
(1) Applications and other personal information submitted by applicants, except to the applicant, staff, and the board;
(2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board;
(3) Examination questions and other examination materials, except to the staff and the board; and
(4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes.
(1) Funding for the office of the joint-secretary division director and the various state examining professional licensing boards served by such office shall be contained in a common budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act."'
SECTION 3.
Said title is further amended by striking Code Section 43-1-3, relating to duties of the joint-secretary, and inserting in its place the following:
"43-1-3.

(a) It shall be the duty of the joint-secretory division director:
(1) To bring together and keep all records relating to the state examining professional licensing boards;

(2) To receive all applications for licenses;
(3) With the consent of the board concerned, to schedule the time and place for examinations;
(4) To schedule the time and place for all hearings;

WEDNESDAY, FEBRUAEY 16, 2000

989

(5) To issue certificates upon authority of the atate examining professional licensing board concerned; and
(6) Except as otherwise provided by law, to collect all fees required by law in connection with the licensing of trades and professions under such boards and to remit the same to the director of the Office of Treasury and Fiscal Services for deposit into the general fund of the state. Notwithstanding any other provision of law, the jointacerctory division director is authorized to retain all funds received as collection fees for use in defraying the cost of collection of fees required under this chapter; provided, however, that nothing in this Code section shall be construed so as to allow the joint secretory division director to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the jointsecretary division director shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such funds.
(b) All orders and processes of the atatc examining professional licensing boards shall be signed and attested by the joint-secretary division director in the name of the particular examining professional licensing board, with the seal of such board attached. Any notice or legal process necessary to be served upon any of the state examining boards may be served upon the joint-secretary division director."
SECTION 4.
Said title is further amended by striking Code Section 43-1-5, relating to investigators, and inserting in its place the following:
"43-1-5.
(a) Persons hired for the purpose of conducting investigations for the atatc examining professional licensing boards and the office of the joint-secretary shall be designated as investigators and any person so designated shall have all the powers of a peace officer of this state when engaged in the enforcement of this title or of any of the laws creating or related to the state examining professional licensing boards. Such investigators shall be authorized, upon the written approval of the joint secretary division director, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a caliber not greater than the standard police .38 handgun.
(b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer."
SECTION 5.
Said title is further amended by striking Code Section 43-1-7, relating to fees, and inserting in its place the following:
"43-1-7.
Each state examining professional licensing board is authorized to charge an examination fee, license fee, license renewal fee, or similar fee and may establish the amount of the fee to be charged. Each fee so established shall be reasonable and shall be determined in such a manner that the total amount of fees charged by the professional

990

JOURNAL OF THE HOUSE

licensing and examining board shall approximate the total of the direct and indirect costs to the state of the operations of the board. Fees may be refunded for good cause, as determined by the joint acerctary division director."

SECTION 6.

Said title is further amended by striking Code Section 43-1-19, relating to grounds for license sanctions, and inserting in its place the following:
"43-1-19.

(a) A atatc examining professional licensing board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, 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 Code section, or under the laws, rules, or regulations under which licensure is sought or held; 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 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 a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive 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 paragraph and paragraph (4) of this subsection, the term 'felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:

(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.

The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;

(5) Had his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; or was denied a license by any such lawful

WEDNESDAY, FEBRUARY 16, 2000

991

licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing 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 a business or profession licensed under this title, 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 the licensed business or profession 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 reasonable standards of acceptable and prevailing practice of the business or profession licensed under this title;

(7) 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 a atatc examining professional licensing board to practice a business or profession licensed under this title or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the state examining professional licensing board regulating the business or profession licensed under this title, 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 a business or profession licensed under this title, 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;

(9) 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;
(10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material;
(11) Failed to comply with an order for child support as defined by Code Section 1911-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Resources indicating that the applicant or licensee has come into compliance with an order for child support so that a license may issue or be granted if all other conditions for licensure are met; or
(12) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the applicant or licensee has entered into satisfactory repayment status so that a license may be issued or granted if all other conditions for licensure are met.

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(b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a state examining professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.
(c) For purposes of this Code section, a state examining professional licensing board may obtain, through subpoena by the joint secretary division director, 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 a state examining professional licensing 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 or the laws, rules, or regulations relating to the business or profession licensed by the board, 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;
(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;
(7) Impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the licensed business or profession; or
(8) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse an examining the professional licensing board for the administrative and legal costs incurred by the board in conducting an investigative or disciplinary proceeding.
(e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, a state examining professional licensing 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 a state examining professional licensing board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification

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or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious.

(g) In its discretion, a state examining professional licensing 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 Code section or the laws relating to the licensed business or profession.

(h)(l) The joint-secretary of the state examining boards division director is vested with the power and authority to make, or cause to be made through employees or agents of each state examining board the division, such investigations as he or she or the a respective board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to businesses and professions licensed by that board. Any person properly conducting an investigation on behalf of a state examining professional licensing 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 division director or his or her appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of the licensed business or profession subject to regulation or licensing by such board may have taken place.

(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 division director, 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) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee 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 person who received those services 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 a business or profession licensed under this title or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to a atotc examining professional licensing board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding

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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 the business or profession licensed by the board shall be immune from civil and criminal liability for so testifying.

(j) Neither 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 shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant.

(k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the atatc examining professional licensing 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. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant 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 diligent effort, be located, the joint secretary division director, or his or her designee, 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 that director, or that director's designee, shall be deemed to be service upon the licensee or applicant.

(1) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement in the discretion of a board. A board may restore and reissue a license to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that 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, corporations, limited liability companies, or other associations of any kind whatsoever.

(n) Regulation by a atatc examining professional licensing board of a business or profession licensed under this title shall not exempt that business or profession from regulation pursuant to any other applicable law, including but not limited to Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'

(o) Subsections (a), (d), and (e) of this Code section shall be supplemental to and shall not operate to prohibit any examining professional licensing board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for that particular atatc examining board. In cases where those other provisions of law so authorize other disciplinary grounds and actions but subsection (a), (d), or (e) of this Code section limit such grounds or actions, those other provisions shall apply."

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SECTION 7.
Said title is further amended by striking Code Section 43-1-21, relating to release of investigative information, and inserting in its place the following:
"43-1-21.

The joint-accrctary of the state examining boards division director is authorized to provide to any lawful licensing authority of this or any other state, upon inquiry by such authority, information regarding a past or pending investigation of or disciplinary sanction against any applicant for licensure by that board or licensee of that board notwithstanding the provisions of subsection (h) of Code Section 43-1-19 or any other law to the contrary regarding the confidentiality of that information. Nothing in this Code section or chapter shall be construed to prohibit or limit the authority of the joint secretary that director to disclose to any person or entity information concerning the existence of any investigation for unlicensed practice being conducted against any person who is neither licensed nor an applicant for licensure by a state examining board."
SECTION 8.
Said title is further amended by striking Code Section 43-1-22, relating to inactive status, and inserting in its place the following:
"43-1-22.

The joint-accrctary of the state examining boards division director may provide for inactive status licenses for the various state examining professional licensing boards."
SECTION 9.

Said title is further amended by striking paragraph (7) of Code Section 43-10A-3, relating to definitions regarding licensing of professional counselors, social workers, and marriage and family therapists, and inserting in its place the following:
"(7) 'Joint-secretary' 'Division director' means the joint-secretary of the state exam ining boarda director of the professional licensing boards division. The joint score toy division director shall serve as secretary to the board."
SECTION 10.

Said title is further amended by striking subsections (b), (c), (h), and (k) of Code Section 43-10A-17, relating to sanctions against persons licensed as professional counselors, social workers, or marriage and family therapists, and inserting in their respective places the following subsections:
"(b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a state examining professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.
(c) For purposes of this Code section, the board may obtain, through subpoena by the joint accrctory division director, 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."

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"(h)(l) The joint secretory of the state examining boards division director 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 division director 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 may have taken place.
(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 division director, 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) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in his or her capacity as licensee 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 person who received those services 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."
"(k) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board, 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 division director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary division director shall be deemed to be service upon the licensee or applicant."
SECTION 11.
Said title is further amended by striking subsection (b) of Code Section 43-19-16, relating to sanctions against licenses of geologists, and inserting in its place the following:
"(b) The action by the board in granting or refusing to grant or renew a certificate under this chapter or in revoking or suspending or in refusing to revoke or suspend such a certificate may be appealed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' to the superior court of the county in which the office of the joint-secretary ia located of domicile of the board; provided that, if the findings of the board are supported by any evidence, such findings shall be accepted by the court."

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SECTION 12.
Said title is further amended by striking Code Section 43-24-3, relating to powers of the joint-secretary regarding the State Board for the Certification of Librarians, and inserting in its place the following:
"43-24-3.
The same jurisdiction, duties, powers, and authority which the joint-secretory division director has with reference to other examining professional licensing boards is conferred upon him that director with respect to the board."
SECTION 13.
Said title is further amended by striking subsection (b) of Code Section 43-26-5, relating to general powers of the Georgia Board of Nursing, and inserting in its place the following:
"(b) The board shall be the sole oxominiflg professional licensing board for determining if a registered professional nurse or any other person has engaged illegally in the practice of nursing. If a registered professional nurse is charged with the unauthorized practice of any other health profession by any other examining board, such board shall notify the Georgia Board of Nursing before conducting any hearing. Nothing contained in this article shall be construed to limit any powers of any other state cx-
board."
SECTION 14.
Said title is further amended by striking Code Section 43-34-24.1, relating to the status of the Composite State Board of Medical Examiners, and inserting in its place the following:
"43-34-24.1.
(a) The board shall not be under the jurisdiction of the joint-acerctary or the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall not be a state examining professional licensing board but shall have with respect to all matters within the jurisdiction of the Composite State Board of Medical Examiners as provided under this chapter the powers, duties, and functions of such examining licensing boards as provided in Chapter 1 of this title.
(b) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director shall have, with respect to the board, the same powers, duties, and functions granted to the joint-secretary division director with respect to atatc examining professional licensing boards under Chapter 1 of this title but without being subject to any approval or other powers exercised by the Secretary of State with regard to state examining boards.

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(c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board.

(d) Licenses issued by the board which are subject to renewal shall be valid for up to two years and shall be renewable biennially on the renewal date established by the board.

(e) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for state cxamin ieg professional licensing boards under Code Section 43-1-5.
(f) The venue of any action involving members of the board shall be governed by the laws of this state relating to venue. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.

(g) The board shall give point credit to veterans in the same manner as required for atatc examining professional licensing boards under Code Sections 43-1-9 through 431-13.
(h) Persons appointed to the board shall be subject to Senate confirmation as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17.

(i) 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.

(j) The board, through the executive director, shall hire such personnel as it deems necessary to carry out its functions under this chapter and may appoint professionally qualified persons to serve as members of peer review committees; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise.

(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."
SECTION 15.
Said title is further amended by striking paragraph (1) of Code Section 43-38-3, relating to definitions regarding the Georgia Board of Private Detective and Security Agencies, and inserting in it place the following:
"(1) 'Board' means the Georgia Board of Private Detective and Security Agencies, a state professional licensing and cxaminingboard."

SECTION 16.
Said title is further amended by striking subsection (a) of Code Section 43-39-5, relating to officers of the State Board of Examiners of Psychologists, and inserting in its place the following:

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"(a) The board shall elect annually a president and a vice-president. The board shall operate under the terms of Chapter 1 of this title, providing for a joint- secretary division director for the several state examining professional licensing boards division; and the joint-secretary division director shall serve the board as provided by law."
SECTION 17.
Said title is further amended by striking subsection (g) of Code Section 43-40-2, relating to creation of the Georgia Real Estate Commission, and inserting in its place the following:
"(g) The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, that the commission shall be assigned for administrative purposes only to the office of the Secretary of State and the joint' secretary."
SECTION 18.
Said title is further amended by striking from the following Code sections "Superior Court of Fulton County" wherever it appears and inserting in its place "superior court of the county of domicile of the board":
(1) Code Section 43-29-13, relating to appeal of decisions of the State Board of Dispensing Opticians;
(2) Code Section 43-35-16, relating to judicial review of decisions of the State Board of Podiatry Examiners; and
(3) Code Section 43-38-11, relating to judicial review of decisions of the Georgia Board of Private Detective and Security Agencies.
SECTION 19.
The Official Code of Georgia Annotated is amended by striking from the following Code sections "joint-secretary" wherever it appears and inserting in its place "division director" and by striking "state examining" wherever it appears and inserting in its place "professional licensing":
(1) Code Section 20-3-250.26, relating to examining board authority regarding certain educational institutions;
(2) Code Section 25-4-3, relating to organization of the Georgia Firelighter Standards and Training Council;
(3) Code Section 25-9-13, relating to penalties regarding blasting;
(4) Code Section 26-4-43, relating to temporary pharmacist licenses;
(5) Code Section 26-4-44, relating to pharmacist license renewal;
(6) Code Section 26-4-45, relating to pharmacist continuing education;
(7) Code Section 26-4-49, relating to drug researcher's permits;

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(8) Code Section 26-4-61, relating to temporary suspension of pharmacist licenses; (9) Code Section 26-4-115, relating to wholesale drug distributors; (10) Code Section 31-5A-3, relating to powers of the Board of Community Health; (11) Code Section 43-1-4, relating to license expiration and renewal dates; (12) Code Section 43-1-6, relating to venue of actions; (13) Code Section 43-1-9, relating to veterans' credit; (14) Code Section 43-1-10, relating to credit when examinations are given in parts; (15) Code Section 43-1-11, relating to grading examinations; (16) Code Section 43-1-12, relating to information regarding veterans' credits; (17) Code Section 43-1-14, relating to Governor's appointments to certain boards; (18) Code Section 43-1-16, relating to Senate confirmation of appointments; (19) Code Section 43-1-17, relating to removal from office of members of examining boards; (20) Code Section 43-1-18, relating to consumer members' voting eligibility on examining boards; (21) Code Section 43-1-19.2, relating to application questions regarding sanctions; (22) Code Section 43-1-20, relating to actions to enjoin unlicensed practice; (23) Code Section 43-1-20.1, relating to cease and desist orders against practice; (24) Code Section 43-1-23, relating to filing licenses with the clerk of the superior court; (25) Code Section 43-1-24, relating to licensed professionals subject to examining boards; (26) Code Section 43-1-25, relating to authority of examining boards to promulgate rules; (27) Code Section 43-1B-3, relating to patient self-referral definitions; (28) Code Section 43-2-4, relating to audits of regulatory agencies; (29) Code Section 43-3-4, relating to organization of the State Board of Accountancy; (30) Code Section 43-3-7, relating to examinations for certified public accountants; (31) Code Section 43-3-9, relating to titles used by certified public accountants; (32) Code Section 43-3-14, relating to examinations for registered accountants;

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(33) Code Section 43-3-16, relating to titles used by registered public accountants;
(34) Code Section 43-3-24, relating to permits to engage in public accountancy;
(35) Code Section 43-4-5, relating to record of the State Board of Architects;
(36) Code Section 43-4-11, relating to exam qualifications for examinations for architects;
(37) Code Section 43-4-12, relating to filing of evidence of qualifications for examination for architects;
(38) Code Section 43-4A-3, relating to creation of the Georgia Athlete Agent Regulatory Commission;
(39) Code Section 43-4A-10, relating to temporary registration as athlete agents;
(40) Code Section 43-5-4, relating to records of the Georgia Board of Athletic Trainers;
(41) Code Section 43-5-11, relating to hearings upon sanctions against athletic trainers;
(42) Code Section 43-6-2, relating to creation of the Georgia Auctioneers Commission;
(43) Code Section 43-6-13, relating to license fees for auctioneers;
(44) Code Section 43-7-3, relating to definitions regarding licensing of barbers;
(45) Code Section 43-7-7, relating to meetings of the State Board of Barbers;
(46) Code Section 43-7-9, relating to powers of the State Board of Barbers;
(47) Code Section 43-7-18, relating to renewal of barbers' licenses;
(48) Code Section 43-8A-20, relating to continuation of the State Boxing Commission;
(49) Code Section 43-9-5, relating to reimbursement of members of Georgia Board of Chiropractic Examiners;
(50) Code Section 43-9-6.1, relating to authority of Georgia Board of Chiropractic Examiners;
(51) Code Section 43-9-7, relating to qualifications for license as chiropractor;
(52) Code Section 43-9-12, relating to sanctions against chiropractic licensees;
(53) Code Section 43-9-14, relating to records of revocation of chiropractor's license;
(54) Code Section 43-9-15, relating to reissuance of chiropractors' licenses;

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(55) Code Section 43-10-5, relating to records of the State Board of Cosmetology;
(56) Code Section 43-10-6, relating to sanitary requirements of beauty shops;
(57) Code Section 43-10-7, relating to issuance of certificates of registration for cosmetologists;
(58) Code Section 43-10-8, relating to certificates required to practice cosmetology;
(59) Code Section 43-10-9, relating to application for certificates of registration for cosmetologists;

(60) Code Section 43-10-10, relating to display of cosmetologists' certificates of registration;
(61) Code Section 43-10-11, relating to registration of beauty shops;
(62) Code Section 43-10-12, relating to permits for schools of cosmetology;
(63) Code Section 43-10-14, relating to age for learning cosmetology;
(64) Code Section 43-10A-5, relating to oath for Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists;
(65) Code Section 43-10A-18, relating to injunctions to enforce laws regarding professional counselors, social workers, and marriage and family therapists;
(66) Code Section 43-11-5, relating to change of address of members of Georgia Board of Dentistry;
(67) Code Section 43-11-8, relating to powers of the Georgia Board of Dentistry;

(68) Code Section 43-11-12, relating to public inspection of records of the Georgia Board of Dentistry;
(69) Code Section 43-11-13, relating to service of orders of Georgia Board of Dentistry;

(70) Code Section 43-11-40, relating to qualifications for license to practice dentistry;

(71) Code Section 43-11-43, relating to fees for licenses to practice dentistry;

(72) Code Section 43-11-46, relating to continuing education for dentists;
(73) Code Section 43-11-47, relating to sanctions against dentist licensees;
(74) Code Section 43-11-48, relating to proceedings of the Georgia Board of Dentistry;
(75) Code Section 43-11-70, relating to examination and licensing of dental hygienists;
(76) Code Section 43-11-73, relating to renewal of dental hygienist's licenses;

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(77) Code Section 43-11A-15, relating to sanctions by the Georgia Board of Examiners of Licensed Dietitians;
(78) Code Section 43-14-3, relating to creation of the State Construction Industry Licensing Board;
(79) Code Section 43-14-6, relating to powers of the State Construction Industry Licensing Board;
(80) Code Section 43-14-7, relating to orders of the State Construction Industry Licensing Board;
(81) Code Section 43-15-4, relating to rules of the State Board of Registration for Professional Engineers and Land Surveyors;
(82) Code Section 43-15-17, relating to renewal of professional engineers' certificates;
(83) Code Section 43-15-18, relating to effect of professional engineers' certificates of registration;
(84) Code Section 43-18-22, relating to organization of the State Board of Funeral Service;
(85) Code Section 43-18-40, relating to applications for embalmers' and funeral directors' licenses;
(86) Code Section 43-19-5, relating to organization of the State Board of Registration for Professional Geologists;
(87) Code Section 43-19-7, relating to appeals from decision of the State Board of Registration for Professional Geologists;
(88) Code Section 43-19-8, relating to records of the State Board of Registration for Professional Geologists;
(89) Code Section 43-19-15, relating to certificates of registration of geologists;
(90) Code Section 43-20-3, relating to definitions regarding hearing aid dealers and dispensers;
(91) Code Section 43-20-5, relating to meetings of the State Board of Hearing Aid Dealers and Dispensers;
(92) Code Section 43-20-6, relating to powers of the State Board of Hearing Aid Dealers and Dispensers;
(93) Code Section 43-20-7, relating to licenses of hearing aid dispensers;
(94) Code Section 43-20-9, relating to examinations for licensing as hearing aid dealer;
(95) Code Section 43-20-11, relating to apprentice dispensers' permits;

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(96) Code Section 43-20-12, relating to notices by hearing aid dealers;
(97) Code Section 43-20-14, relating to renewal of licenses of hearing aid dealers;
(98) Code Section 43-23-2, relating to creation of Georgia Board of Landscape Architects;
(99) Code Section 43-23-8, relating to examination for licenses of landscape architects;
(100) Code Section 43-24-6, relating to applicants for librarians' certificates;
(101) Code Section 43-26-39, relating to renewal of licensed practical nurses' licenses;
(102) Code Section 43-27-3, relating to organization of State Board of Nursing Home Administrators;
(103) Code Section 43-27-8, relating to fees for nursing home administrators;
(104) Code Section 43-28-3, relating to definitions regarding occupational therapists;
(105) Code Section 43-28-5, relating to joint-secretary's duties regarding State Board of Occupational Therapy;
(106) Code Section 43-28-6, relating to records of the State Board of Occupational Therapy;
(107) Code Section 43-28-7, relating to powers of State Board of Occupational Therapy;
(108) Code Section 43-28-14, relating to renewal of licenses for occupational therapists;
(109) Code Section 43-29-3, relating to creation of the State Board of Dispensing Opticians;
(110) Code Section 43-29-4, relating to records of the State Board of Dispensing Opticians;
(111) Code Section 43-29-8, relating to fees and examinations of dispensing opticians;
(112) Code Section 43-29-10, relating to registration of dispensing opticians;
(113) Code Section 43-29-19, relating to advance fees of dispensing opticians;
(114) Code Section 43-30-7, relating to certificates of registration for optometrists;
(115) Code Section 43-30-8, relating to registration of optometrists;

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1005

(116) Code Section 43-30-11, relating to appeal of decisions of State Board of Optometry;

(117) Code Section 43-33-9, relating to the secretary of the State Board of Physical Therapy;

(118) Code Section 43-33-10, relating to powers of the State Board of Physical Therapy;

(119) Code Section 43-33-16, relating to expiration of physical therapists' licenses;

(120) Code Section 43-34-148, relating to sanctions against respiratory care professionals;

(121) Code Section 43-35-3, relating to definitions regarding podiatry practice;

(122) Code Section 43-35-8, relating to joint-secretary's duties with State Board of Podiatry Examiners;

(123) Code Section 43-35-9, relating to duties of the State Board of Podiatry Examiners;

(124) Code Section 43-35-15, relating to renewal of licenses to practice podiatry;

(125) Code Section 43-35-16, relating to sanctions of persons holding licenses to practice podiatry;

(126) Code Section 43-38-4, relating to creation of the Georgia Board of Private Detective and Security Agencies;

(127) Code Section 43-38-6, relating to licenses for private detective businesses;

(128) Code Section 43-38-7, relating to registration of employees of private detective businesses;

(129) Code Section 43-38-9, relating to fingerprints of applicants for private detective business licenses;

(130) Code Section 43-38-10, relating to permits to carry firearms for persons licensed as private detective businesses or security agencies;

(131) Code Section 43-39-6, relating to the code of conduct of State Board of Examiners of Psychologists;

(132) Code Section 43-39-8, relating to applications for license to practice psychology;

(133) Code Section 43-39-13, relating to sanctions of persons holding licenses to practice psychology;

(134) Code Section 43-44-6, relating to powers of State Board of Examiners for Speech Language Pathology and Audiology;

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(135) Code Section 43-47-4, relating to secretary of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers;
(136) Code Section 43-47-8, relating to license applications to the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers;
(137) Code Section 43-50-22, relating to license requirements for veterinarians;
(138) Code Section 43-50-24, relating to examinations for licenses to practice veterinary medicine;
(139) Code Section 43-50-26, relating to renewal of license to practice veterinary medicine;
(140) Code Section 43-50-27, relating to sanctions against persons licensed as veterinarians;
(141) Code Section 43-50-53, relating to examinations for certificates to practice as veterinary technicians;
(142) Code Section 43-50-54, relating to duties of veterinary technicians;
(143) Code Section 43-51-3, relating to creation of State Board of Examiners for Certification of Water and Wastewater and Treatment Plant Operators and Laboratory Analysts;
(144) Code Section 43-51-4, relating to administrative agent for State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; and
(145) Code Section 47-17-1, relating to definitions regarding the Peace Officers' Annuity and Benefit Fund.
SECTION 20.
Part 2 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to professional forestry, is amended by striking from the following Code sections, wherever it appears, "joint-secretary of the state examining boards" and inserting in its place "division director of the professional licensing boards division, as provided in Chapter 1 of Title 43":
(1) Code Section 12-6-46, relating to meetings of State Board of Registration for Foresters;
(2) Code Section 12-6-51, relating to examinations for licensing a registered forester; and
(3) Code Section 12-6-56, relating to licenses for registered foresters.
SECTION 21.
Code Section 14-10-2 of the official Code of Georgia Annotated, relating to definitions regarding professional associations, is amended by striking paragraph (2) and inserting in its place the following:

WEDNESDAY, FEBRUARY 16, 2000

1007

"(2) 'Professional service' means the personal services rendered by attorneys at law and any type of professional service which may be legally performed only pursuant to a license from a state examining board pursuant to Title 43, for example, the personal services rendered by certified public accountants, chiropractors, dentists, osteopaths, physicians and surgeons, and podiatrists (chiropodists)."
SECTION 22.
Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking paragraph (20) of Code Section 26-4-5, relating to definitions regarding pharmacists and pharmacies, and inserting in its place the following:
"(36)(11.1) 'Joint acerctary' 'Division director' means the joint aocrctory of the atatc examining boarda division director of the professional licensing boards division, as provided in Chapter 1 of Title 43."
SECTION 23.

Said chapter is further amended by striking Code Section 26-4-24, relating to Georgia State Board of Pharmacy meetings, and inserting in its place the following:
"26-4-24.

The board shall meet at least annually to organize and elect a president and a vicepresident from its members. The joint-secretary division director shall be the secretary of the board and shall have all the power, duties, and authority with reference to such board as shall be prescribed by Chapter 1 of Title 43 and shall perform such other duties as may be prescribed by the board. All appeals from the decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board may be filed with or served upon the joint-secretary division director at his or her office in Fulton County the county of domicile of the professional licensing boards division."
SECTION 24.
Said chapter is further amended by striking subsection (e) of Code Section 26-4-130, relating to drug dispensing, and inserting in its place the following:
"(e) Any practitioner who desires to dispense drugs shall notify, at the time of the renewal of that practitioner's license to practice, that practitioner's respective examining licensing board of that practitioner's intention to dispense drugs. That examining licensing board shall notify the board regarding each practitioner concerning whom that board has received a notification of intention to dispense drugs. The examining licensing board's notification shall include the following information:
(1) The name and address of the practitioner;
(2) The state professional license number of the practitioner;
(3) The practitioner's Drug Enforcement Administration license number; and
(4) The name and address of the office or facility from which such drugs shall be dispensed and the address where all records pertaining to such drugs shall be maintained."

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SECTION 25.
Code Section 48-2-11 of the Official Code of Georgia Annotated, relating to delegation of collection duties by the Department of Revenue, is amended by striking subsection (e) thereof, and inserting in its place the following:
"(e) This chapter shall not in any way affect the collection and administration activities of those regulatory, professional, or vocational bodies or boards operated under a joint secretary under the division director of the professional licensing boards division appointed by the Secretary of State under Code Section 43-1-2 as provided by law or of those other regulatory bodies where a major portion of the license fees is collected by mail."
SECTION 26.
This Act shall become effective on July 1, 2000.
SECTION 27.
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 734.

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

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

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H E 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 YLord 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 CXNeal Y Orrock Y Parham Y Parrish Y Parsons
Y Pelote Y Pinholster YPoag 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 E Royal Y Sanders
Y Sauder Y Scarlett Y Scheid

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

Turnquest Y Twiggs Y Unterman

WEDNESDAY, FEBRUARY 16, 2000

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

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

1009
Y Wix Y Yates
Murphy, Spin-

On the motion, the ayes were 165, nays 0.
The motion prevailed.
HB 265. By Representatives Watson of the 70th, Davis of the 60th, Walker of the 141st, Hammontree of the 4th, Crawford of the 129th and others: A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple assault, simple battery, or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
The following Senate substitute was read: A BILL
To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide that any person who commits the offense of simple battery or battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature; to define a certain term; to provide for editorial changes; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by striking in their entirety Code Sections 16-5-23 and 16-5-23.1, relating to simple battery and battery, respectively, and inserting in lieu thereof the following:
"16-5-23.
(a) A person commits the offense of simple battery when he or she either:
(1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or
(2) Intentionally causes physical harm to another.

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(b) Except as otherwise provided in subsections (c) through (g) (h) of this Code section, a person convicted of the offense of simple battery shall be punished as for a misdemeanor.

(c) Any person who commits the offense of simple battery against a person who is 65 years of age or older or against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggra-
vated nature.

(d) Any person who commits the offense of simple battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the
same meaning as in subsection (c) of Code Section 16-5-20.

(e) Any person who commits the offense of simple battery against a police officer, law enforcement dog, correction officer, or detention officer engaged in carrying out official
duties shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.

(f) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings liv-
ing or formerly living in the same household, the defendant shall be punished for a misdemeanor of a high and aggravated nature. In no event shall this subsection be
applicable to corporal punishment administered by a parent or guardian to a child or administered by a person acting in loco parentis.

(g) 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.
(h) Any person who commits the offense of simple battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For the purposes of this Code section, the term 'sports official' means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level.

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 (fc) (1) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.

WEDNESDAY, FEBRUARY 16, 2000

1011

(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, 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.

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(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 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.

(1) Any person who commits the offense of battery against a sports official while such sports official is officiating an amateur contest or while such sports official is on or exiting the property where he or she will officiate or has completed officiating an amateur contest shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, the term 'sports official' means any person who officiates, umpires, or referees an amateur contest at the collegiate, elementary or secondary school, or recreational level."

SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply to offenses committed on or after July 1, 2000.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 70th moved that the House agree to the Senate substitute to HB 265.

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 E Birdsong N Bohannon Y Bordeaux Y Borders
Y Bridges Brooks
Y Brown Y Buck
Buckner Y Bulloch Y Bunn
N Burkhalter Y Byrd
Y Callaway Y Campbell Y Cash

Y Channell Y Childers
Clark
Y Coan Y Coleman, B Y Coleman, T Y Connell
Y Cooper Y Cox 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 Holland
Y Holmes
Y Houston Y Howard
Y Hudgens Y Hudson, H E Hudson, N

Y Hugley 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
Y Mann Y Manning Y Martin, J
Y Martin, J.L Y Massey
Y McBee Y McCall
McClinton

Y McKinney Millar
N Mills
Y Mobley Y Morris Y Mosley N Mueiler
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 N Reece

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

WEDNESDAY, FEBRUARY 16, 2000

Y Scott Y Shanahan Y Shaw Y Shipp E Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner

Y Stephens E Stokes N Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert E Trense
Turnquest Y Twiggs Y Unterman

1013
Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the motion, the ayes were 149, nays 10.
The motion prevailed.
HB 110. By Representatives Mosley of the 171st, Scarlett of the 174th and Byrd of the 170th: A bill to amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys.
The following Senate substitute was read: A BILL
To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, so as to provide an exemption for certain retired district attorneys, attorneys employed by the Prosecuting Attorneys' Council, and certain retired assistant district attorneys and district attorneys investigators; to provide an exemption for certain retired state trial and appellate judges; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from criminal prohibitions against carrying weapons in certain manners or certain places, is amended by striking paragraph (5) of subsection (a) and inserting in its place a new paragraph (5) to read as follows:
"(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, attorneys employed by the Prosecuting Attorneys' Council of Georgia, and district attorneys cmcritua any retired district attorney, assistant district attorney, or district attorneys investigator if such retired employee is receiving benefits under Title 47 or is retired in good standing and receiving benefits from a county or municipal retirement system;"

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SECTION 2.
Said Code section is further amended by striking paragraph (12) of subsection (a) and inserting in its place a new paragraph (12) to read as follows:
"(12) State and federal trial and appellate judges, 4full-time judges of municipal and city courtST, and former state trial and appellate judges retired from their respective offices under state retirement;"
SECTION 3.

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

The following amendment was read:
Representatives Kaye of the 37th, Martin of the 47th, Cummings of the 27th, Ehrhart of the 36th, Jenkins of the 110th and Lane of the 146th move to amend the Senate substitute to HB 110 by striking line 28 of page 1 and inserting in lieu thereof the following:
"retirement system and any such person, other than a person identified in subsection (b) of Code Section 16-11-129, who would be eligible to receive such a retirement benefit but for his or her age;'".
By striking line 4 of page 2 and inserting in lieu thereof the following:
"their respective offices under state retirement and any such person, other than a person identified in subsection (b) of Code Section 16-11-129, who would be eligible to so retire but for his or her age;'".

On the adoption of the Kaye amendment to the Senate substitute, the roll call was ordered and the vote was as follows:

N Alien Anderson
N Ashe N Bailey Y Bannister N Barnard
Barnes N Benefield E 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 Y Campbell Y Cash Y Channell N Childers
Y Clark

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

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

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

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

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

WEDNESDAY, FEBRUARY 16, 2000

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

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

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

1015
N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 60, nays 96. The amendment was lost.

Representative Mosley of the 171st moved that the House agree to the Senate substitute to HB 110.

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

Y Alien Anderson
Y Ashe Y Bailey
Bannister Y Barnard
Barnes Y Benefield E 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
Cash Y Channel! Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day 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 Y Henson
Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H E Hudson, N

Y 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 Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CTNeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Rogers E Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp E 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 E Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor E 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 motion, the ayes were 154, nays 0. The motion prevailed.

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JOURNAL OF THE HOUSE

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 Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
SB 30. By Senators James of the 35th and Butler of the 55th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

Representative Jackson of the 148th moved that the House adhere to its position in substituting SB 30 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 Jackson of the 148th, Powell of the 23rd and Holmes of the 53rd.

By unanimous consent, HB 1230 was postponed until Thursday, February 17, 2000.

The following Resolution of the House was read:
HR 1078. By Representatives Franklin of the 39th and Sanders of the 107th: A resolution commending Atlanta Mayor Bill Campbell.

By unanimous consent, HR 1078 was withdrawn from further consideration.

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

THURSDAY, FEBRUARY 17, 2000

1017

Representative Hall, Atlanta, Georgia Thursday, February 17, 2000

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:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield E Birdsong Y Bohannon
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 Connell Y Cooper Cox Crawford Y Cummings Davis, M

Y Davis, T Y Day
Dean DeLoach, B Y DeLoach, G Dix Y Dixon Y Dodson Y Dukes Y Bhrhart Epps Evans Y Everett E Felton Floyd Y Franklin E Golick Y Graves E Greene Y Grindley Y Hammontree Y Banner 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
Jenkins Y Jennings
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
McClinton Y McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller
O'Neal Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Ponder Porter Powell Y Purcell Ragas Y Randall Y Ray Reaves Y Reece Y Reed Y Reese Y Reichert B Rice Y Richardson Y Roberts Y Rogers Y Royal Sanders Y Sauder Scarlett Y Scheid Y Scott Y Shanahan Y Shaw 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
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 Walker, R.L Y Watson Y West Westmoreland E Whitaker Y Wiles Williams, J Williams, R Y Wix Y Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Scarlett of the 174th, Floyd of the 138th, Ragas of the 64th, Bunn of the 74th, Ponder of the 160th, Bordeaux of the 151st, Walker of the 87th, Holmes of the 53rd, Davis of the 60th, Poag of the 6th, Heckstall of the 55th, Dix of the 76th, Cox of the 105th, Westmoreland of the 104th, Reaves of the 178th, O'Neal of the 75th, Martin of the 47th, Williams of the 114th, Stanley-Turner of the 50th, Jones of the 71st, Powell of the 23rd, McClinton of the 68th and Stanley of the 49th.
They wish to be recorded as present.

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JOURNAL OF THE HOUSE

Prayer was offered by the Reverend Richard Quinn Ward, Sr., Pastor, St. Paul African Methodist Episcopal Church, Brunswick, Georgia.

The members pledged allegiance to the flag.

Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1538. By Representatives Trense of the 44th, Burkhalter of the 41st, Shaw of the 176th, Stuckey of the 67th, Williams of the 114th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require certain health care coverage for a child's craniofacial care.

February 16, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1538. This notice is made prior to or upon reading the bill the first time.

Referred to the Committee on Insurance.

/s/ Sharon Trense Representative 44th District

THURSDAY, FEBRUARY 17, 2000

1019

HB 1539. By Representative Martin of the 47th:
A bill to amend an Act entitled the "Atlanta Community Improvement District Act," so as to change certain provisions relating to governmental services.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1540. By Representative Martin of the 47th:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury in general, so as to provide for interest on the late payments for alimony and in divorce cases in which the award includes a specified amount to be paid in installments.
Referred to the Committee on Judiciary.

HB 1541. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to repeal an Act fixing the salaries of certain judges of certain courts within counties having a population in excess of 600,000 according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on Judiciary.

HB 1542. By Representatives Buck of the 135th, Taylor of the 134th, Davis of the 132nd, Hugley of the 133rd, Smith of the 102nd 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 penalties for violations of ordinances.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1543. By Representatives Bulloch of the 180th, Ray of the 128th, Powell of the 23rd, Parham of the 122nd and Reichert of the 126th:
A bill to amend Code Section 43-7-12 of the Official Code of Georgia Annotated, relating to requirements for a license to operate a barbershop, so as to provide that a barbershop may train no more than two apprentices at any one time and that such apprentices shall be under the supervision of a master barber.
Referred to the Committee on Health & Ecology.

HB 1544. By Representatives Teper of the 61st, Smyre of the 136th, Childers of the 13th, Byrd of the 170th, Porter of the 143rd and others:
A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that persons serving on juries shall be entitled to be excused from work by their employers and shall be entitled to their usual compensation received from such employment less the expense allowance received for such jury service.
Referred to the Committee on Judiciary.

1020

JOURNAL OF THE HOUSE

HB 1545. By Representatives Coan of the 82nd, Massey of the 86th, Smith of the 19th, Walker of the 87th, Jackson of the 112th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that no surrender or termination of rights of a father shall be required as a prerequisite to the filing of a petition for adoption when that father raped the mother of the child who is the subject of the petition.
Referred to the Committee on Judiciary.

HB 1546. By Representatives Martin of the 47th and McKinney of the 51st: A bill to provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1550. By Representatives Reed of the 52nd, McKinney of the 51st, Holmes of the 53rd, Brooks of the 54th, Stanley of the 50th and others:
A bill to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over whose net income does not exceed $40,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1551. By Representatives Brown of the 130th, Campbell of the 42nd, Yates of the 106th and Rice of the 79th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to change certain provisions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements; to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation.
Referred to the Committee on Motor Vehicles.

HB 1552. By Representatives Stallings of the 100th, West of the 101st, Borders of the 177th and Shaw of the 176th:
A bill to amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to provide definitions; to require certain buyers of timber to maintain a bond.
Referred to the Committee on Natural Resources & Environment.

HB 1553. By Representatives Skipper of the 137th, Benefield of the 96th, Murphy of the 18th, Walker of the 141st and Coleman of the 142nd: A bill to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to provide for allocation of transportation funds.
Referred to the Committee on Transportation.

THURSDAY, FEBRUARY 17, 2000

1021

HR 1057. By Representatives Ashe of the 46th, Sauder of the 29th, Squires of the 78th, Teper of the 61st, Snelling of the 99th and others: A resolution creating the Joint Local Government (Metropolitan Atlanta) Watershed Management Study Committee.
Referred to the Committee on Rules.
HR 1058. By Representatives Sims of the 167th, Heard of the 89th, Stanley of the 50th, Scarlett of the 174th, Holland of the 157th and others: A resolution creating the Joint Hospital Indigent Care Funding Study Committee.
Referred to the Committee on Rules.
HR 1059. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution designating the three-way intersection of State Highway 53, Burnt Mountain Road, and Spring Street in Pickens County as the "James T. Williams Intersecton".
Referred to the Committee on Transportation.
HR 1079. By Representatives Stanley of the 50th, Stanley of the 49th, Jamieson of the 22nd, Sinkfield of the 57th, Felton of the 43rd and others: A resolution creating the Commission on Psychiatric Medication of SchoolAge Children.
Referred to the Committee on Rules.
HR 1080. By Representatives Channell of the lllth, Parrish of the 144th, Shaw of the 176th, Walker of the 141st, Smith of the 91st and others: A resolution urging the United States Congress to amend the provisions of the Social Security Act relating to Medicaid and specifically to the Medicaid Disproportionate Share Exclusion Exemption.
Referred to the Committee on Human Relations & Aging.

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

HB 1485 HB 1486 HB 1487 HB 1488 HB 1489 HB 1490 HB 1491 HB 1492 HB 1494 HB 1495 HB 1496 HB 1497

HB 1498 HB 1499 HB 1501 HB 1502 HB 1503 HB 1504 HB 1505 HB 1506 HB 1507 HB 1508 HB 1509 HB 1510

1022
HB 1511 HB 1512 HB 1513 HB 1514 HB 1515 HB 1516 HB 1517 HB 1518
HR
HnoR 1lo*9zi
HHBB 11552245 HB 1526 HB 1527 HB 1528 HB 1529 HB 1530 HB 1531

JOURNAL OF THE HOUSE
HB 1532 HB 1533 HB 1534 HB 1535 HB 1536 HB 1537 HB 1547 HB 154g
HB 1549
HR 1lr0,4K9n
nKl 105
HR 1054 SB 393 SB 399 SR 416 SR 491 SR 504 SR 514

Pursuant to Rule 52, Representative Smith of the 175th moved that the following Bill of the House be engrossed:
HB 1509. 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, and computation of state income taxes, so as to revise and change certain provisions regarding income tax credits for businesses located in certain counties designated as less developed areas; to provide for certain additional tax credits; to revise and change certain provisions regarding income tax credits and optional income tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties.
The motion prevailed.

Pursuant to Rule 52, Representative Smith of the 175th moved that the following Bill of the House be engrossed:
HB 1510. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Buck of the 135th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to clarify that the exemption regarding certain components of machinery used directly in the manufacture of tangible personal property extends only to machinery components purchased to upgrade such machinery; to provide for a phasedin exemption from sales and use tax for certain repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling.

THURSDAY, FEBRUARY 17, 2000

1023

The motion prevailed.

Pursuant to Rule 52, Representative Everett of the 163rd moved that the following Bill of the House be engrossed:
HB 1520. By Representative Everett of the 163rd: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to change the provisions of the ad valorem tax exemption with respect to property of veterans organizations.
The motion prevailed.

Pursuant to Rule 52, Representative Franklin of the 39th moved that the following Bill of the House be engrossed:
HB 1521. By Representatives Franklin of the 39th, Yates of the 106th, Wiles of the 34th, Rice of the 79th, Dodson of the 94th and others: A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to provide for seizure, suspension, and revocation of drivers' licenses for certain conduct; to provide that persons convicted of certain offenses shall not be licensed again.
The motion prevailed.

Pursuant to Rule 52, Representative Snelling of the 99th moved that the following Bill of the House be engrossed:
HB 1523. By Representatives Snelling of the 99th, Irvin of the 45th and Stephens of the 150th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise various provisions of the "Georgia Public Revenue Code"; to change certain provisions relating to the income tax rates for individuals, fiduciaries, and partnerships; to equalize tax treatment of married and single persons in certain matters.
The motion prevailed.

Pursuant to Rule 52, Representative Jenkins of the 110th moved that the following Bill of the House be engrossed:
HB 1531. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance.
The motion prevailed.

1024

JOURNAL OF THE HOUSE

Pursuant to Rule 52, Representative Jenkins of the 110th moved that the following Bill of the House be engrossed:
HB 1532. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th, Graves of the 125th 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 an income tax credit for expenses of private driver education for minor dependent children of taxpayers.
The motion prevailed.
Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1374 Do Pass, as Amended
Respectfully submitted, lei Sinkfield of the 57th
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 814 Do Pass, by Substitute HB 1256 Do Pass HB 1447 Do Pass, by Substitute
Respectfully submitted, Is/ Childers of the 13th
Chairman
Representative Smith of the 109th District, Chairman of the Committee on Industrial Relations, submitted the following report:

THURSDAY, FEBRUARY 17, 2000

1025

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1391 Do Pass
Respectfully submitted, /s/ Smith of the 109th
Chairman

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

Mr. Speaker:

Your Committee on Public Safety has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1311 Do Pass HB 1392 Do Pass

HR 932 Do Pass SB 155 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 has instructed me to report the same back to the House with the following recommendations:
HR 923 Do Pass HR 981 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:

1026

JOURNAL OF THE HOUSE

Mr. Speaker:

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

HB 1451 Do Pass HB 1456 Do Pass HB 1460 Do Pass HB 1468 Do Pass HB 1469 Do Pass HB 1471 Do Pass

HB 1472 Do Pass HB 1473 Do Pass HB 1474 Do Pass HB 1476 Do Pass HB 1477 Do Pass

Respectfully submitted, Is! Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1348 Do Pass, by Substitute
Respectfully submitted, Is! Benefield of the 96th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 17, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enumerated below:
UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 927 "Paul Heard Highway"; designate
DEBATE CALENDAR
HB 122 Driver's license; cert epileptics; prohibit disqualification HB 592 Sales tax; contractors; eliminate certain withholding HB 764 Judicial Ret; change of employment; continuation of membership

THURSDAY, FEBRUARY 17, 2000

1027

HB 837 Trespass; damage to property; when cause of action accrues HB 919 Judicial Retirement; certain employees; membership HB 1038 Centralized Credentialing for Hlth Care Practitioners Act; enact HB 1204 Estates; vesting of property in heirs; administrator
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, Isl Smyre of the 136th
Chairman

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1451. By Representative Purcell of the 147th:
A bill to amend an Act entitled "An Act to create the Effingham Family Connection," so as to change provisions relating to a quorum; to provide that designees attending a meeting may vote with the authority of the designator.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1456. By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th, Pelote of the 149th and Jackson of the 148th: A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the method of appointing the chairperson of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1460. 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 change provisions relating to the terms of officers and to the filling of vacancies; to provide for a quorum; to provide for the administrative powers of the mayor; to provide for a city manager.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1468. By Representatives Smith of the 175th and Smith of the 169th: A bill to amend an Act creating and establishing the Folkston-Charlton County Airport Authority, so as to change the name of the authority to the Charlton-Folkston-Homeland Airport Authority.

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

1028

JOURNAL OF THE HOUSE

HB 1469. By Representatives Smith of the 175th and Smith of the 169th: A bill to provide a homestead exemption from Charlton 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 62 years of age or over.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1471. By Representatives Roberts of the 162nd, Dukes of the 161st and Everett of the 163rd: A bill to amend an Act creating a Board of Commissioners of Dougherty County, so as to authorize said board to annually appropriate and donate money for purely charitable purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1472. By Representative Mosley of the 171st: A bill to amend an Act providing for the selection of the chief magistrate of the Magistrate Court of Long County, so as to provide that the judge of the Probate Court of Long County shall also serve as the chief magistrate of the Magistrate Court of Long County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1473. By Representative Tolbert of the 25th: A bill to provide for the nomination and election of the probate judge of Jackson County in nonpartisan primaries and elections.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1474. By Representatives Hudson of the 120th and Jackson of the 112th: A bill to amend an Act providing for the Board of Commissioners of McDuffie County, so as to change the compensation of the chairperson.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1476. By Representatives Bohannon of the 139th and Ray of the 128th: A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city.

THURSDAY, FEBRUARY 17, 2000

1029

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

HB 1477. By Representative Yates of the 106th: A bill to provide a new charter for the City of Senoia.

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 Anderaon Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield E Birdsong
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 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
Epps Y Evans Y Everett E Felton
Floyd Y Franklin E Golick Y Graves E Greene Y Grindley
Hammontree Y Hanner
Harbin Harrell Y Heard Heckstall Y Hegstrom Y Hembree Henson Y Holland Holmes E Houston Y Howard Y Hudgens Hudson, H E Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Mann Y Manning Martin, J Martin, J.L Y Massey Y McBee McCall McClinton Y McKinney Y Millar Y Mills Mobley Y Morris Y Mosley Mueller 0-Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Ponder Y Porter Y Powell Y Purcell Ragas Y Randall
Y Ray Reaves
Y Reece Y Reed Y Reese Y Reichert
E Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder
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 SneUing Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens E 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 Westmorland E Whitaker Y Wiles Williams, J Williams, H Y Wix Y Yates Murphy, Spkr

On the passage of the Bills, the ayes were 131, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
Representative Mueller of the 152nd 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.

1030

JOURNAL OF THE HOUSE

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 290. By Senators Hecht of the 34th, Thompson of the 33rd, Starr of the 44th and others: A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to enact the "Georgia Mentoring Act of 2000"; to make legislative findings; to authorize the office of the Governor to develop and implement a statewide strategy to provide academic support and guidance to students through mentors; to authorize the office of the Governor to award grants to local school systems to administer academic volunteer and mentor service programs; to provide for the use of such funds; to provide for the contents of applications for such grants; to provide for awards for outstanding academic mentors; to provide for reports to the General Assembly.
SB 315. By Senators Thomas of the 10th, Scott of the 36th, Fort of the 39th 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 that a physician may retain temporary protective custody of a child without a court order and without parental consent if the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for immunity from liability; to provide for other matters relative thereto.
SB 430. By Senators Walker of the 22nd and Dean of the 31st: A bill to amend Code Section 43-15-3 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Registration for Professional Engineers and Land Surveyors, so as to change the number of members of said board.
SB 437. By Senators Ray of the 48th and Burton of the 5th: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to clarify a provision relating to the compensation of judges of such court; to provide that such judges shall continue to receive ordinary and routine benefits for employees of the county; to provide an effective date.
SB 442. By Senator Ray of the 48th: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to provide for an additional judge for the State Court of Gwinnett County; to provide for related matters; to provide an effective date.

THURSDAY, FEBRUARY 17, 2000

1031

HB 1288. By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th and others:
A bill to amend an Act creating the State Court of Cobh County, so as to add an additional judge to the second division of the State Court of Cobb County.

The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 816. By Representatives Scarlett of the 174th, Hanner of the 159th, Lane of the 146th and others: A resolution urging the National Oceanic and Atmospheric Administration to adopt a new management plan which keeps Gray's Reef open for public fishing and enjoyment.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 1235. By Representatives Childers of the 13th, McClinton of the 68th, Epps of the 131st and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 290. By Senators Hecht of the 34th, Thompson of the 33rd and Starr of the 44th:
A bill to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to enact the "Georgia Mentoring Act of 2000"; to make legislative findings; to authorize the office of the Governor to develop and implement a statewide strategy to provide academic support and guidance to students through mentors; to authorize the office of the Governor to award grants to local school systems to administer academic volunteer and mentor service programs; to provide for the use of such funds; to provide for the contents of applications for such grants; to provide for awards for outstanding academic mentors; to provide for reports to the General Assembly.
Referred to the Committee on Education.
SB 315. By Senators Thomas of the 10th, Scott of the 36th, Fort of the 39th 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 that a physician may retain temporary protective custody of a child without a court order and without parental consent if the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for immunity from liability; to provide for other matters relative thereto.

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JOURNAL OF THE HOUSE

Referred to the Committee on Judiciary.
SB 430. By Senators Walker of the 22nd and Dean of the 31st: A bill to amend Code Section 43-15-3 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Registration for Professional Engineers and Land Surveyors, so as to change the number of members of said board.
Referred to the Committee on Industry.
SB 437. By Senators Ray of the 48th and Burton of the 5th: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to clarify a provision relating to the compensation of judges of such court; to provide that such judges shall continue to receive ordinary and routine benefits for employees of the county; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 442. By Senator Ray of the 48th: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to provide for an additional judge for the State Court of Gwinnett County; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Franklin of the 39th arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs - Local:
HB 1438. By Representatives McKinney of the 51st, Brooks of the 54th, Stanley of the 50th, Stanley of the 49th and Dean of the 48th: A bill to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to change the compensation of the judges of said court.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 923. By Representatives Holmes of the 53rd, McKinney of the 51st, Brooks of the 54th, Stanley of the 50th and Reed of the 52nd: A resolution honoring Dwayne Vaughn, the recipient of the 1999 Georgia Occupational Award of Leadership, and inviting him to appear before the House of Representatives.

THURSDAY, FEBRUARY 17, 2000

1033

HR 981. By Representative Floyd of the 138th:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Farrow Baker, Mr. Randy Yawn, Mr. H. H. Dimery, and Mr. Rooney Bowen III and inviting the cooking team to appear before the House of Representatives.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on Special Judiciary:
HB 97. By Representatives Jenkins of the 110th, Reichert of the 126th, Graves of the 125th, Ray of the 128th and Smith of the 109th:
A hill to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the Department of Revenue's organization, administration, and enforcement procedures, so as to provide for the collection of unpaid court fines by the Department of Revenue; to create the Office of Fine Collections within the Department of Revenue and provide for the office's administration.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 927. By Representatives Cox of the 105th, Westmoreland of the 104th, Benefield of the 96th, Murphy of the 18th, Irvin of the 45th and others: A resolution designating a portion of state route 54 in Fayette County as the "Paul Heard 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
E Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter Y Byrd
Y Callaway Y Campbell

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

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

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

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

1034
Y Ragas Y Handall
Hay Y Reaves Y Reece Y Reed Y Reese Y Reichert E Rice Y Richardson Y Roberts
Rogers Y Royal

JOURNAL OF THE HOUSE

Y Sanders Y Sauder
Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Y Sims Y Sinkfield Y Skipper Y Smith, B

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

Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor 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 E Whitaker Y Wiles Y Williams, J
Williams, R Y Wix Y Yates Y Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The Speaker Pro Tem assumed the Chair.
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 bill 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.
The following Committee substitute was read and adopted: A BILL
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions governing professions and businesses, so as to provide for centralized credentialing for health care practitioners; to provide for a short title and legislative intent; to require use of credential verification entities; to provide for statutory construction; to provide for access authorization; to provide for costs and data changes; to prohibit certain data collections; to prevent selection of certain credentials verification entities; to provide for data review and corrections; to provide for limitations of actions, liability, and evidentiary matters; to prohibit denial of participation or privileges; to define certain terms; 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 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions governing professions and businesses, is amended by designating the existing provisions as Article 1 and adding a new Article 2 to read as follows:
"ARTICLE 2
43-1-100.
This article shall be known and may be cited as the 'Centralized Credentialing for Health Care Practitioners Act.'

THURSDAY, FEBRUARY 17, 2000

1035

43-1-101.
The General Assembly recognizes that an efficient and effective health care practitioner credentialing program helps to ensure access to quality health care. The General Assembly also recognizes that health care practitioner credentialing activities have increased significantly as a result of health care reform and recent changes in health care delivery and reimbursement systems. Moreover, the resulting duplication of health care practitioner credentialing activities is unnecessarily costly and cumbersome for both the practitioner and the entity granting practice privileges. Therefore, it is the intent of this article that a centralized credentials verification system be established which provides that a health care practitioner may designate a credentials verification entity to respond to all inquiries into his or her credentials. Credentialing under this article shall initially apply to persons who provide patient health care services covered under health care benefit plans and who are licensed under Chapter 9, Chapter 10A, Chapter 11, Chapter 26, Chapter 28, Chapter 30, Chapter 33, Chapter 34, Chapter 35, or Chapter 39 of this title.
43-1-102.
As used in this article, the term:
(1) 'Applicant' means an individual applying for licensure or a current licensee applying for credentialing.
(2) 'Board' means the applicable licensing board with oversight over each respective category of health care practitioner.
(3) 'Certified' or 'accredited' means approved by a quality assessment program of the National Committee for Quality Assurance, the Joint Commission on Accreditation of Healthcare Organizations, the American Accreditation Healthcare Commission/ Utilization Review Accreditation Commission, or any such other nationally recognized and accepted organization used to assess and certify any credentials verification program, entity, or organization that verifies the credentials of any health care practitioner.
(4) 'Core credentials data' means any professional education, professional training, peer references, licensure, Drug Enforcement Administration certification, social security number, board certification, Educational Commission for Foreign Medical Graduates information, hospital affiliations, managed care organization affiliations, other institutional affiliations, professional society memberships, professional liability insurance, claims, suits, judgments, or settlements, medicare or Medicaid sanctions, civil or criminal law violations, practitioner profiling data, special conditions of impairment, or regulatory exemptions not previously reported to the board in accordance with licensure reporting requirements specified in the applicable practice act.
(5) 'Credentialing" means the process of assessing and validating the qualifications of a licensed health care practitioner, but shall not include functions currently performed by state licensing boards.
(6) 'Credentials verification entity" means any entity or organization that is certified or accredited to collect, verify, maintain, store, and provide a. health care practitioner's core credentials data, including all corrections, updates, and modifications thereto, as authorized by the health care practitioner and in accordance with the provisions of this article.
(7) 'Health care entity" means:

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JOURNAL OF THE HOUSE

(A) Any health care facility or other health care organization licensed or certified to provide approved health care services in Georgia; or
(B) Any entity licensed by the Georgia Department of Insurance as a prepaid health care plan or health maintenance organization or as an insurer to provide coverage for health care services through a network of health care providers.
(8) 'Health care practitioner" means any person licensed under Chapter 9, Chapter IDA, Chapter 11, Chapter 26, Chapter 28, Chapter 30, Chapter 33, Chapter 34, Chapter 35, or Chapter 39 of this title.
(9) "National accrediting organization' means an organization that awards accreditation or certification to hospitals, managed care organizations, other health care organizations, or credentials verification entities, including, but not limited to, the Joint Commission on Accreditation of Healthcare Organizations, the National Committee for Quality Assurance, and the American Accreditation Healthcare Commission/Utilization Review Accreditation Committee.
(10) 'Primary source verification' means verification of professional qualifications based on evidence obtained directly from the issuing source of the applicable qualification.
(11) 'Recredentialing' means the process by which a credentials verification entity verifies the credentials of a health care practitioner whose core credentials data, including all corrections, updates, and modifications thereto, are currently on file with that entity.
(12) 'Secondary source verification' means confirmation of a professional qualification by means other than primary source verification, as outlined and approved by national accrediting organizations.
43-1-103.
(a) In accordance with the provisions of this Code section, a health care practitioner may designate a credentials verification entity to verify his or her credentials through primary or secondary source verification and to store the related core credentials data. Once the core credentials data is submitted to a designated credentials verification entity, the health care practitioner may elect that he or she not be required to resubmit such data when applying for practice privileges with health care entities. However, as provided in subsection (b) of this Code section, each health care practitioner is responsible for providing any corrections, updates, and modifications to his or her core credentials data to ensure that all credentialing and recredentialing data on the practitioner remain current. Nothing in this subsection shall be construed to prevent the designated credentials verification entity from obtaining all necessary attestation and release forms, including signatures and dates.
(b) Each health care practitioner electing to designate a credentials verification entity under subsection (a) of this Code section must report any action or information affecting his or her core credentials data, including any corrections, updates, or modifications thereto, to his or her designated credentials verification entity as soon as possible but not later than 30 days after such action occurs or such information is known.

THURSDAY, FEBRUARY 17, 2000

1037

(c) An applicant may decide which credentials verification entity he or she wants to process and store his or her core credentials data. An applicant may also choose not to designate a credentials verification entity. In addition, any applicant may choose to move his or her core credentials data from one credentials verification entity to another.
(d) Any health care entity that employs, contracts with, or allows health care practitioners to treat its patients must use the designated credentials verification entity to obtain core credentials data on a health care practitioner applying for privileges with that entity, if the health care practitioner has previously made such a designation. Any additional information required by the health care entity's credentialing process may be collected from the primary source of the information either by the health care entity or its designee or by the designated credentials verification entity.
(e) Nothing in this Code section may be construed to restrict the right of any health care entity to request additional information necessary for credentialing.
(f) Nothing in this Code section may be construed to restrict in any way the authority of the health care entity to approve or deny an application for hospital staff membership, clinical privileges, or managed care network participation.
(g) The submission of a request for participation in or privileges with a health care entity shall constitute authorization for the health care entity to access the applicant's core credentials data from the applicant's designated credentials verification entity, if the applicant has made such a designation.
43-1-104.
Each designated credentials verification entity shall make available to a health care entity which the applicant has designated to receive his or her data all core credentials data it collects on such applicant, including all corrections, updates, and modifications thereto, at a reasonable cost. Any health care entity requesting such data may pass this cost on to the applicant. All corrections, updates, and modifications to any core credentials data which is collected by a credentials verification entity for a licensee shall be provided automatically to all health care entities which have been designated to receive such data from an applicant, and the costs of any such corrections, updates, and modifications may also be passed on to the applicant.
43-1-105.
(a) A health care entity may not collect or attempt to collect duplicate core credentials data from any individual health care practitioner if such data is already on file with a credentials verification entity designated by that practitioner to provide credentials verification to any health care entity.
(b) A credentials verification entity may not attempt to collect duplicate core credentials data from any individual health care practitioner if the information is already on file with a designated credentials verification entity.
(c) Nothing in this Code section shall prohibit a practitioner from choosing to move his or her core credentials data from one credentials verification entity to another.
43-1-106.
Any credentials verification entity that fails to meet national standards, as outlined by national accrediting organizations under which the credentials verification entity is required to be certified or accredited, or fails to promptly provide data collected on

1038

JOURNAL OF THE HOUSE

health care practitioners may not be selected as the designated credentials verification entity for any health care practitioner until such time as it meets the required certification or accreditation requirements or takes corrective steps to ensure the prompt distribution of data for all represented health care providers.
43-1-107.
Before releasing a health care practitioner's core credentials data, a designated credentials verification entity must provide the practitioner up to 30 days to review such data and make any corrections of fact.
43-1-108.
(a) No civil, criminal, or administrative action may be instituted, and there shall be no liability, against any health care entity on account of its reliance in good faith on any data obtained from a credentials verification entity.
(b) Compliance with the provisions of this article shall constitute reasonable evidence that a health care entity has exercised ordinary care in its reliance on core credentialing data.
43-1-109.
No health care entity may deny a health care practitioner any participation in, or privileges with, their plan or facility solely on the basis that such health care practitioner required that the health care entity obtain core credentials data from a designated credentials verification entity."
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, 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 Y Barnard
Barnes
Y Benefield E 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 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
DeLoach, G Y Dix Y Dixon
Y Dodson Y Dukes
Ehrhart Y Epps
Evans
Y Everett E Felton Y Floyd Y Franklin E Golick
Y Graves

Y Greene
Y Grindley
Y Hammontree Y Banner Y Harbin E Harrell Y Heard
Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N

Y Hugley
Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings 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 Y Mosley Y Mueller
Y O'Neal Y Orrock Y Parham
Parrish Y Parsons

THURSDAY, FEBRUARY 17, 2000

Y Pelote Y 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 E 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 E 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 Stand)
Stanley, P Y Stanley-Turner Y Stephens
Y Stokes Y Stuckey Y Taylor
Y Teague Y Teper

1039
Y Tillman Y Tolbert Y Trense Y 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
Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Wix of the 33rd, Cash of the 108th and Parrish of the 144th 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 1204. By Representative Murphy of the 18th:
A bill to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to descent and distribution under the Revised Probate Code of 1998, so as to provide for the vesting in the heirs subject to divestment of certain interests in real property owned by an intestate decedent.

The report of the Committee, which was favorable to the 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 E 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
Connell Y Cooper
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 E Felton Y Floyd Y Franklin E Golick
Y Graves
Y Greene Y Grindley Y Hammontree Y Banner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
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

1040
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece

JOURNAL OF THE HOUSE

Y Reed Y Reese Y Reichert E 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 E 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 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 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1230. By Representatives Coleman of the 142nd, Parrish of the 144th and Porter of the 143rd: A bill to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide for the inclusion of the State Board of Technical and Adult 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 Andersen Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield E Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper

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 E Felton Y Floyd Y Franklin E Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings 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 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 E 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 E 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

THURSDAY, FEBRUARY 17, 2000

Y Trense Y Turnquest Y Twiggs Y Unterman

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

Y Westmorland E Whitaker Y Wiles Y Williams, J

1041
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.
HB 919. By Representative Cummings of the 27th: A bill to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that certain persons who were serving in a position covered by such retirement system on July 1, 1998, may opt to become members of such retirement system.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield E 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
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 Y Everett E Felton Y Floyd Y Franklin E Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord 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 OTSfeal 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 E 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 E Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
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 159, nays 0.

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JOURNAL OF THE HOUSE

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

HB 764. By Representatives Cummings of the 27th, McBee of the 88th, Shanahan of the 10th and Kaye of the 37th:
A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that a member who was previously a member of the Georgia Judicial Retirement System who becomes employed in a position covered by the Employees' Retirement System of Georgia may elect to remain a member of the Georgia Judicial Retirement System.

The following Committee substitute was read and adopted:
A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member who was previously a member of the Georgia Judicial Retirement System who becomes the head of a state department or agency or who is appointed by the Governor to a full-time salaried position on a state board or commission may elect membership in either retirement system; to provide that any such person who transfers membership may elect to have the contributions made by or on behalf of him or her transferred; to provide that such person shall be granted only such creditable service as will not create any accrued actuarial unfunded liability as to the retirement system; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-2-72 the following:
"47-2-73.
(a)(l) Any provision of this chapter or Chapter 23 of this title to the contrary notwithstanding, any member of the Georgia Judicial Retirement System who is vested for a normal retirement benefit and who without a break in service becomes the head of a state department or agency or who is appointed by the Governor to a fulltime salaried position on a state board or commission may make a one time irrevocable election to remain a member of the Georgia Judicial Retirement System or to become a member of this retirement system.
(2) If a person subject to this subsection elects to remain a member of the Georgia Judicial Retirement System, the employer and employee shall make all contributions to such retirement system and perform such other acts as are required by law or regulation.
(3) This subsection shall be applicable to each person who was a member of the Georgia Judicial Retirement System on July 1, 2000, and to any person who becomes a member after that date. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees of this retirement system and the Board of Trustees of the Georgia Judicial Retirement System not later than September 30, 2000, or within 60 days after the date he or she became subject to this Code section. Once made, the election is irrevocable.

THURSDAY, FEBRUARY 17, 2000

1043

(4) Any person subject to this subsection who elects to become a member of this retirement system may have accumulated contributions under the Georgia Judicial Retirement System transferred to this retirement system. The Board of Trustees of the Georgia Judicial Retirement System shall pay to the board of trustees of this retirement system all employer and employee contributions made by or on behalf of the member, together with regular interest. The member shall be granted only so much creditable service as such amount will warrant without creating any accrued actuarial unfunded liability as to this retirement system; provided, however, that such service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances.
(b) The provisions of this Code section shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this Code section shall be affected by any subsequent legislation."
SECTION 2.
Said title is further amended by inserting immediately following Code Section 47-23-47 the following:
"47-23-48.

(a)(l) Any member of this retirement system who is vested for a normal retirement benefit who without a break in service becomes the head of a state department or agency or who is appointed by the Governor to a full-time salaried position on a state board or commission may make a one time irrevocable election to remain a member of this retirement system, in which event the employer and employee shall make all contributions to this retirement system and perform such other acts as are required by law or regulation.
(2) This subsection shall be applicable to each person who was a member of this retirement system on July 1, 2000, and to any person who becomes a member after that date. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees of this retirement system and the Board of Trustees of the Employees' Retirement System of Georgia not later than September 30, 2000, or within 60 days after the date he or she became employed in a position which would otherwise obligate him or her to become a member of this retirement system, whichever date is later. Once made, the election is irrevocable.
(3) Any person subject to this subsection who elects to become a member of this retirement system may have accumulated contributions under the Employees' Retirement System of Georgia transferred to this retirement system. The board of trustees of the Employees' Retirement System of Georgia shall pay to the board of trustees of this retirement system all employer and employee contributions made by or on behalf of the member, together with regular interest. The member shall be granted only so much creditable service as such amount will warrant without creating any accrued actuarial unfunded liability as to this retirement system; provided, however, that such service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances.
(b) The provisions of this Code section shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this Code section shall be affected by any subsequent legislation."

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SECTION 3.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield E 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
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
YEpps Y Evans Y Everett E Felton Y Floyd Y Franklin E Golick
Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin
E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings 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
Poag
Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
YRay Y Reaves
Y Reece Y Reed Y Reese Y Reichert E 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 E 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 Stantil
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
Walker, L Y Walker, R.L
Y Watson Y West Y Westmoreland E Whitaker
Y Wiles Y Williams, J Y Williams, R
Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, FEBRUARY 17, 2000

1045

The Speaker assumed the Chair.

HB 837. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues.

The following Committee substitute was read and adopted: A BILL
To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for damage to realty accrues; to provide for periods of limitation; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, is amended by striking in its entirety Code Section 9-3-30, relating to trespass upon or damage to realty, and inserting in its place the following:
"9-3-30.
(a) All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues.
(b) The cause of action for recovery of damages specified in subsection (a) of Code Section 9-3-51 or 51-1-11 accrues when the damage to the realty is discovered or, in the exercise of reasonable diligence, should have been discovered, whichever first occurs, but shall be brought within the time limits provided in Code Sections 9-3-51 and 511-11."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Dukes of the 161st was excused from voting on HB 837.

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

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On the passage of the Bill, by substitute, the 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 E Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch Y Bunn N 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 N Cooper Y Cox N Crawford N Cummings Y Davis, M

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

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

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

On the passage of the Bill, by substitute, the ayes were 138, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Cooper of the 31st stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 837 was ordered immediately transmitted to the Senate.
HB 592. By Representatives Skipper of the 137th and Royal of the 164th: A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to change certain provisions regarding payment of the tax by contractors.
The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 17, 2000

1047

A BILL

To amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to change certain provisions regarding payment of the tax by contractors and subcontractors; to change certain withholding requirements; to change certain provisions regarding bonding with respect to payment of sales and use tax; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, is amended by striking Code Section 48-8-63, relating to payment of the tax by contractors, and inserting in its place a new Code Section 48-8-63 to read as follows:

(a) Each person who orally, in writing, or by purchase order contracts to furnish tangible personal property and to perform services under the contract within this state shall be deemed to be the consumer of the tangible personal property and shall pay the sales tax imposed by this article at the time of the purchase. Any person so contracting who fails to pay the sales tax at the time of the purchase or at the time the sale is consummated outside the limits of this state shall be liable for the payment of the sales or use tax. This Code section shall not relieve the dealer who made the sale from his such dealer's liability to collect and pay the tax on purchases by a contractor.
(b) Each person who contracts to perform services in this state and who is furnished tangible personal property for use under the contract by the person, or his such person's agent or representative, for whom the contract is to be performed, when a sales or use tax has not been paid to this state by the person supplying the tangible personal property, shall be deemed to be the consumer of the tangible personal property so used and shall pay a use tax based on the fair market value of the tangible personal property so used irrespective of whether any right, title, or interest in the tangible personal property becomes vested in the contractors.
(c) Each person who orally, in writing, or by purchase order contracts to perform any service the principal part of which is the furnishing of machinery which will not be under the exclusive control of the contractor shall be liable to collect a sales tax on the rental value of the machinery so used. If labor and other charges are not separated from the rental charge, the person so contracting shall be liable to collect a sales tax on the entire contract price.
(d)(l) Any person subcontractor who subcontracts enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any subcontractors on any given project equals or exceeds $250,000.00. -The general or prime contractor shall withhold up to 4 percent of the payments due the subcontractor arising out of the contract entered into between the general and prime contractor in satisfaction of any sales or use taxes owed this state.

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(2) The prime or general contractor shall withhold payments 03 provided on all contracts that meet the criteria specified in paragraph (1) of this subsection until the subcontractor furnishes fete such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 percent of the payments due the subcontractor under their contract, fee such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the subcontractor.
(e) Whenever a contractor subcontractor holding a contract with a general or prime contractor has posted with the commissioner either a good and valid bond with a surety company authorized to do business in this state or legal securities in an amount of not less than $1,000.00 $5,000.00 nor more than $10,000.00 $50,000.00, as determined by the commissioner, conditioned that all sales and use taxes which may accrue to this state on account of the execution of subcontracts contracts that meet the criteria established in paragraph (1) of subsection (d) of this Code section by subcontractors will be paid when due, no general or prime contractor shall withhold any sums due the subcontractor under their contract with respect to sales and use taxes.
(f) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use of tangible personal property owned by the United States in the performance of contracts with the United States when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson
Y Ashe Y Bailey
Y Bannister Y Barnard Y Barnes Y Benefield
E 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
Dean Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes
Y Ehrhart

Y Epps Y Evans
Y Everett E Felton
Floyd Y Franklin E 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
Holmes Y Houston
Y Howard

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

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

Y Ragas Y Randall Y Ray Y Reaves Y Reece
Y Reed Y Reese Y Reichert E Rice
Richardson Y Roberts Y Rogers
Y Royal

THURSDAY, FEBRUARY 17, 2000

Y Sanders Y Sauder Y Scarlet*
Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims E 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

1049
Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland E Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1375. By Representatives Porter of the 143rd and Coleman of the 142nd: A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
The following substitute, offered by Representatives Porter of the 143rd and Stephens of the 150th, was read and adopted:
A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of such excise tax, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(a)(l)(A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly fur-

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nished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 4813-53 and in effect prior to July 1, 1998. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section.
(B)(i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted.
(ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the person or entity providing the room, lodging, or accommodation.
(C) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business.

THURSDAY, FEBRUARY 17, 2000

1051

(D) Except as provided in paragraphs (3), (3.1), (3.2), (3.3), Qfy (3.5), (3r ^ (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), awl (5.1), and (5.2) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), &4^ (3.5), (& }; (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), asd (5.1), and (5.2) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."
SECTION 2.
Said article is further amended by striking paragraph (3.4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, which reads as follows:
"(3.4) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.4)) an amount equal to 33 1/3 percent of the total taxes collected under this subparagraph for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization defined in subparagraph (A) of paragraph (8) of this subsection. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.4)) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of either marketing or operating community auditorium or theater facilities or community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities.",
and inserting in its place a new paragraph (3.4) to read as follows:
"(3.4) Reserved."

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JOURNAL OF THE HOUSE

SECTION 3.
Said article is further amended by striking paragraph (3.6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, which reads as follows:
"(3.6) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which an attraction honoring the inventor of the cotton gin is planned, owned, or operated by the municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.6)) an amount equal to 83 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of promoting tourism, conventions, and trade shows; and an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of constructing, marketing, or operating an attraction honoring the inventor of the cotton gin. Marketing and operating expenditures may include a preopening marketing program for such facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such facility.",
and inserting in its place a new paragraph (3.6) to read as follows:
"(3.6) Reserved."
SECTION 4.
Said article is further amended by striking paragraph (4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 1/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of

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1053

the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 1 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a museum of aviation and aviation hall of fame or an amount equal to at least 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, and such facility was substantially completed and in operation prior to December 31, 1993; ef (F) a system of bicycle or pedestrian trails or walkways or both connecting a historic district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) construction and expansion shall include acquisition and development), if not later than December 1, 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic district; (ii) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2002. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entitiesTj or (G) a system of bicycle or pedestrian greenways, trails, walkways, or any combination thereof connecting a downtown historic or business district within the levying county or municipality and surrounding areas (and with respect to this purpose (G) construction and expansion shall include acquisition and development), if not later than December 1, 2000, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic or downtown business district; (ii) obligate the county or municipality to provide funds to promote tourism to a downtown business district owners and business association or chamber of commerce which qualify as private sector nonprofit organizations under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as

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provided for in Chapters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan as a component of such comprehensive plan which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such system of trails or walkways or both shall expire when all capital costs of the initial acquisition, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July 1, 2005. Amounts so expended to meet such 16 2/3 percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities."
SECTION 5.
Said article is further amended by adding a new paragraph immediately following paragraph (4.6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.7) to read as follows:
"(4.7) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is substantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and is substantially funded by a state grant or grants authorized on or before January 1, 1996, may levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 28.6 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization as defined in subparagraph (A) of paragraph (8) of this subsection. In addition to the other amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 14.3 percent of the total taxes collected at the rate of 7 percent for the purpose of either marketing or operating trade and convention facilities which are managed or operated by the Georgia International and Maritime Trade Center Authority. Marketing and operating expenditures may include a preopening marketing program for such a facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such a facility. In the event such facility is not constructed, such 14.3 percent may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph. In addition to the amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 14.3 percent of the total taxes collected at the rate of 7 percent for the purpose of planning, constructing, marketing, or operating an attraction honoring the inventor of the cotton gin. Marketing and operating expenditures may include a preopening marketing program for such facility and an escrow account accrued prior to opening such facility to cover operating expenses to be incurred after the opening of such facility. In the event such facility is not constructed, such 14.3 percent may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph."

THURSDAY, FEBRUARY 17, 2000

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SECTION 6.
Said article is further amended by adding a new paragraph immediately following paragraph (5.1) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (5.2) to read as follows:
"(5.2)(A) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipalities have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 8 percent.
(B) A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 33 1/3 percent of the total taxes collected at the rate of 8 percent under this subparagraph for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization defined in subparagraph (A) of paragraph (8) of this subsection.
(C) In addition to the amounts required to be expended pursuant to subparagraph (B) of this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 8 percent for the purpose of either marketing or operating community auditorium or theater facilities or community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities.
(D) In addition to the amounts required to be expended pursuant to subparagraphs (B) and (C) of this paragraph, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 33 1/3 percent of the total taxes collected at the rate of 8 percent for general recreation purposes. Amounts so expended shall be expended only through a contract or contracts with a recreation authority created by local Act of the General Assembly."
SECTION 7.
Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (874)7 (3.5), &h (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (Sri); (3.5), (876)7 (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), er (5.1), or (5.2) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), &A)-, (3.5), (876)7 (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), w (5.1), or (5.2) of this subsection."

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SECTION 8.
Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:
"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), <&4k (3.5), (3^ (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), er (5.1), or (5.2) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3^ (3.5), (876^ (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), er (5.1), or (5.2) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3r4); (3.5), (8^ (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), or (5.1), or (5.2) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (&4k (3.5), (3^ (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), f (5.1), or (5.2) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.
(10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), &4)-, (3.5), &&; (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection."
SECTION 9.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

THURSDAY, FEBRUARY 17, 2000

1057

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
Barnea Y Benefield E Birdsong N Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T Y Cornell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M

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

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

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese
Reichert E Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sander Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims E 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 E 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 151, nays 14. The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 122 was postponed until Monday, February 28, 2000.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1082. By Representatives Heckstall of the 55th, Walker of the 141st, West of the 101st, Shanahan of the 10th, Smith of the 12th and others: A resolution recognizing and commending Claudia Reynolds and inviting her to appear before the House of Representatives.
Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:

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Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1411 Do Pass, by Substitute
Respectfully submitted, /s/ Porter of the 143rd
Chairman

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

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1376 Do Pass HB 1404 Do Pass, by Substitute HB 1423 Do Pass, by Substitute
Respectfully submitted, /s/ Banner of the 159th
Chairman

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

Mr. Speaker:

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

HB 1118 Do Pass, by Substitute HB 1178 Do Pass HB 1186 Do Pass, by Substitute HB 1224 Do Pass HB 1255 Do Pass, by Substitute

HB 1265 Do Pass HB 1303 Do Pass HB 1310 Do Pass HB 1349 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

Pursuant to SR 562, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 21, 2000.

MONDAY, FEBRUARY 21, 2000

1059

Representative Hall, Atlanta, Georgia
Monday, February 21, 2000
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Borders Bridges Brooks Brown Buck Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coleman, B Connell

Crawford Cummings Davis, M Davis, T DeLoach, B DeLoach, G E Dix Dixon Dodson Ehrhart Evans Felton Floyd Franklin Golick Graves Greene Grindley Harbin Heckstall Hegstrom Hembree Holland Houston Howard Hudgens

Hudson, H Hudson, N Hugley Jackson, B Jackson, L James Jenkins Jennings Kaye Lane Lewis Lord Lucas Mann Martin, J.L Massey McBee McCall Millar Mills Mosley CWeal Orrock Parsons Pelote Pinholster

E Ponder Porter Powell Purcell Randall Ray Reese Rei chert Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Skipper Smith, B Smith, C.W Smith, L

Smith, L.R Smith, P E Smith, T E Smith, V Snelling Stallings Stancil Stanley-Turner Stephens Stokes Taylor Teper Tillman Tolbert Trense E Turnquest Unterman Walker, L Watson West Westmoreland Whitaker Wiles Williams, R Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Day of the 153rd, Twiggs of the 8th, Mueller of the 152nd, Jamieson of the 22nd, Snow of the 2nd, Ragas of the 64th, Poag of the 6th, Wix of the 33rd, Everett of the 163rd, McClinton of the 68th, Walker of the 87th, Reece of the llth, Squires of the 78th, Maddox of the 72nd, Irvin of the 45th, Stuckey of the 67th, Reaves of the 178th, Heard of the 89th, Jones of the 71st, Smith of the 175th, Hammontree of the 4th, Sinkfield of the 57th, Bordeaux of the 151st, Manning of the 32nd, Buckner of the 95th, Dukes of the 161st, Mobley of the 69th, Reed of the 52nd, Williams of the 83rd, Rice of the 79th, Henson of the 65th, Morris of the 155th, Joyce of the 1st, Alien of the 117th, Teague of the 58th, Martin of the 47th and Smyre of the 136th.
They wish to be recorded as present.
Prayer was offered by Dr. Robert Brown, Assisting Priest, Episcopal Church Of Our Saviour, Atlanta, Georgia.
The members pledged allegiance to the flag.

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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 1554. By Representative Alien of the 117th: A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to provide that a barber shop may employ apprentice barbers, each of whom must be under the supervision of a separate master barber.
Referred to the Committee on Health & Ecology.
HB 1555. By Representative Anderson of the 116th: A bill to amend an Act providing for the election of members of the Board of Education of Burke County, so as to change the provisions relating to the filling of vacancies on the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1556. By Representative Rogers of the 20th: A bill to amend Code Section 40-5-35 of the Official Code of Georgia Annotated, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, so as to change certain provisions relating to regulations of the Board of Public Safety governing disqualifications for certain disorders and disabilities.

MONDAY, FEBRUARY 21, 2000

1061

February 17, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1556. This notice is made prior to or upon reading the bill the first time.

/s/ Carl W. Rogers Representative 20th District
Referred to the Committee on Motor Vehicles.
HB 1557. By Representative Houston of the 166th:
A bill to amend an Act creating the office of tax commissioner of Berrien County, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1558. By Representative Jones of the 71st:
A bill.to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to state examining board sanctions, so as to provide for original and secondary authority over certain licensees and provide for certain relief.
Referred to the Committee on Health & Ecology.
HB 1559. By Representatives Royal of the 164th, Scott of the 165th and Houston of the 166th:
A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to change certain provisions regarding certain discretionary purchases by the county administrator.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1560. By Representatives Jennings of the 63rd and Bulloch of the 180th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and graduated licensing and related restrictions, so as to provide that with respect to any resident of this state who has a Class M driver's license with a restriction applicable to either a two-wheel or three-wheel motorcycle and who makes application for a motorcycle instruction permit and successfully passes all parts of the examination other than the driving test applicable to the type of motorcycle for which such person's Class M license evidences a restriction, the department shall issue to such person an instruction permit with limitations.
Referred to the Committee on Motor Vehicles.

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HR 1081. By Representatives Parrish of the 144th, Childers of the 13th, Smith of the 12th and Shanahan of the 10th:
A resolution authorizing the conveyance of certain state owned real property located in Emanuel County; authorizing the conveyance of certain state owned property located in Floyd County; authorizing the conveyance of certain state owned real property in Gordon County.
Referred to the Committee on State Institutions & Property.

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

HB 1538 HB 1539 HB 1540 HB 1541 HB 1542 HB 1543 HB 1544 HB 1545 HB 1546 HB 1550 HB 1551
HB 1552

HB 1553 HR 1057 HR 1058 HR 1059 HR 1079 HR 1080 SB 290 SB 315 SB 430 SB 437 SB 442

Pursuant to Rule 52, Representative Trense of the 44th moved that the following Bill of the House be engrossed:
HB 1538. By Representatives Trense of the 44th, Burkhalter of the 41st, Shaw of the 176th, Stuckey of the 67th, Williams of the 114th and others: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require certain health care coverage for a child's craniofacial care.
The motion prevailed.

Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1358 Do Pass
Respectfully submitted, /s/ Porter of the 143rd
Chairman

MONDAY, FEBRUARY 21, 2000

1063

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1381 Do Pass, by Substitute SB 69 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of 121st
Chairman

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

Mr. Speaker:

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

HB 853 Do Pass HB 1326 Do Pass, by Substitute

HB 1361 Do Pass, by Substitute HB 1400 Do Pass, by Substitute

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1486 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

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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 1485 Do Pass HB 1497 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 21, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:
HB 892 Juvenile courts; cert employees; classified ser of merit system HB 1214 PeachCare for Kids; health care; eligibility provisions HB 1284 Death penalty; execution by lethal injection HB 1314 Personnel administration; establish state-wide guidelines HB 1322 Official gardens and nature centers of Georgia; establish HB 1339 Alcoholic beverages; sales on election day; authorize; exceptions HB 1379 St emps' hlth ins plan; include cert emp of Ga-Fed St Insp Service HB 1389 Deposit account fraud; dishonored instrument; bank charges HB 1403 Homestead option sales tax; proceeds; ad val prop tax credits HB 1416 Ad valorem tax; exempt certain farm equipment
HR 956 Chatham County; convey property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, 1st 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 1485. By Representatives Sauder of the 29th, Parsons of the 40th, Wiles of the 34th, Franklin of the 39th, 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 chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff.

MONDAY, FEBRUARY 21, 2000

1065

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
HB 1497. By Representatives Wix of the 33rd, Sauder of the 29th, Cooper of the 31st, Shipp of the 38th, Golick of the 30th 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 7.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 392. By Senators Starr of the 44th and Hecht of the 34th: A bill to amend Code Section 16-7-81 of the Official Code of Georgia Annotated, relating to explosive materials, so as to provide for additions to the list of explosive materials.
SB 440. By Senators Walker of the 22nd and Cheeks of the 23rd: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Medical Center Authority; to provide for a short title and definitions; to confer powers and impose duties on the authority; to provide for the membership and the appointment and confirmation of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, removal, organization, meetings, and expenses; to provide for corporate purpose; to prohibit authority employees and members from having certain interests and engaging in certain conduct and provide for certain disclosures, sanctions, and penalties; to provide for venue and jurisdiction.

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HB 206. By Representative Childers of the 13th:
A bill to amend Code Section 43-26-33 of the Official Code of Georgia Annotated, relating to titles of licensed practical nurses, so as to require name tags or other identification under certain conditions.

HB 1132. By Representatives Reaves of the 178th, Floyd of the 138th 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 change references to the "Grade A Pasteurized Milk Ordinance".

HB 1139. By Representatives Reaves of the 178th, Floyd of the 138th 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 change the provisions relating to unlawful acts and the use or possession of certain cans, bottles, and other receptacles.

HB 1140. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Code Section 2-2-10 of the Official Code of Georgia Annotated, relating to imposition of penalties by the Department of Agriculture and the Commissioner of Agriculture in lieu of other action, so as to provide for monetary penalties in lieu of permit suspensions for violations of Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980".

HB 1171. By Representatives Smith of the 109th and Jenkins of the 110th:
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 Butts County, the Superior Court of Lamar County, and the Superior Court of Monroe County.

HB 1399. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, so as to change the compensation of the chief clerk, executive secretary, and administrative specialist.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 392. By Senators Starr of the 44th and Hecht of the 34th: A bill to amend Code Section 16-7-81 of the Official Code of Georgia Annotated, relating to explosive materials, so as to provide for additions to the list of explosive materials.
Referred to the Committee on Public Safety.

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SB 440. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Medical Center Authority; to provide for a short title and definitions; to confer powers and impose duties on the authority; to provide for the membership and the appointment and confirmation of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, removal, organization, meetings, and expenses; to provide for corporate purpose; to prohibit authority employees and members from having certain interests and engaging in certain conduct and provide for certain disclosures, sanctions, and penalties; to provide for venue and jurisdiction.
Referred to the Committee on Higher Education.

Representative Sauder of the 29th arose to a point of personal privilege and addressed the House.

Representative Jones of the 71st arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1085. By Representatives Walker of the 141st, Buck of the 135th, Coleman of the 142nd, Skipper of the 137th, Smyre of the 136th and others: A resolution recognizing March 10, 2000, as "World War II Veterans Day"; honoring all veterans who served this country in the armed forces in World War II; inviting World War II Veterans to be present in the House.
HR 1086. By Representatives Sanders of the 107th and Yates of the 106th: A resolution commending the Griffin High School JROTC Marching Rifles and inviting them to appear before the House of Representatives.
HR 1087. By Representatives Barnard of the 154th, Murphy of the 18th, DeLoach of the 172nd, Purcell of the 147th, Irvin of the 45th and others: A resolution commending Osjha Anderson, Miss Georgia, and inviting her to appear before the House of Representatives.
HR 1088. By Representatives Coleman of the 142nd, Hanner of the 159th, Floyd of the 138th, Reaves of the 178th, Royal of the 164th and others: A resolution recognizing the Georgia peanut industry and the Georgia Peanut Producers Association and inviting Mr. Paul English to appear before the House of Representatives.

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

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HB 1314. By Representatives Holmes of the 53rd, Hudson of the 120th and Watson of the 70th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to specify the General Assembly's intent; to change the functions of the state merit system; to provide that each agency shall develop an annual work force plan according to state-wide criteria and guidelines; to change definitions; to provide for participation of unclassified employees in certain programs.

The following Committee substitute was read:
A BILL
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to specify the General Assembly's intent; to change the functions of the state merit system; to provide that each agency shall develop an annual work force plan according to state-wide criteria and guidelines; to change definitions; to provide for participation of unclassified employees in certain programs; to provide for uniformity in the accrual and usage of leave by employees in the classified and unclassified service; to provide for consistency in the state's performance management system; to change the method of personnel evaluations; to provide that the employee assistance program shall apply to classified and unclassified employees; to change provisions relating to employee suggestions and awards; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Sections 45-20-1, 45-20-2, and 45-20-3, relating to the purposes and principles of the merit system generally, definitions, and duties and functions of the State Personnel Board, respectively, and inserting in lieu thereof three new Code sections to read as follows:
"45-20-1.
(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will eliminate remove unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service of the state merit system. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be covered employees in the classified service and shall remain subject to the rules and regulations of the state merit system so long as they remain in covered positions or as otherwise provided by law. It is further specifically the intent of the General Assembly that state government operate within a framework of consistent personnel policies and practices across all state agencies and entities and that the state's most valued resource, its employees, be managed in a manner to promote work force productivity and sound business practices.

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(b) In order to achieve these purposes, it is the policy of the state that agencies treat all employees, whether included in the classified or unclassified service, in accordance with the following principles:
(1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, disability, religious creed, or political affiliations. This 'fair treatment' principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws;
(2) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial employment;
(3) Providing equitable and adequate compensation based on merit, sad performance, job value, and competitiveness within applicable labor markets;
(4) Training employees, as needed, to assure high quality performance and to provide work force skills needed to maintain and advance the state's goals and objectives;
(5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and
(6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office.
(c) With respect to employees in the unclassified service, it shall be the responsibility of the state merit system to perform the following functions:
(1) Establish and maintain a state-wide system of pay ranges for all job classes;
(2) Define common job classes, establish associated minimum qualifications for those classes and assign those classes to appropriate pay ranges;
(3) Develop and maintain a common employment application form to be used by all applicants for state employment, which form may be supplemented as necessary by agencies in seeking information about agency unique job classes;
(4) Serve as the central contact point for all potential employees in order to receive application forma, provide information to applicnnta, streamline state-wide recruiting for applicants, to provide for a state-wide applicant data base, to refer applicants to agencies, and make applications applicant data available to agencies for review and consideration;
(5) Upon request, develop, validate, or develop and validate applicant screening devices being utilized by agencies;
(6) Upon request, administer screening devices on behalf of agencies;
(7) Make employment related training available to agencies and allow agencies the opportunity to provide input into the nature and scope of said training programs;

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(8) In consultation with agencies, establish state-wide Develop model standards and processes and best practices criteria which agencies me? shall use in developing internal processes for (i) classification, (ii) compensation, (iii) pay for performance, and (iv) performance management, including processes involved in defining agency unique job classes, establishing and applying associated minimum qualifications, ad- assigning these classes jobs to appropriate state-wide pay rangest, and (ii) developing and applying applicant screening devices for all job claaaca methods, and measuring worker effectiveness;
(9) Audit agencies' processes as referred to in paragraph (8) of this subsection and report findings as appropriate findings annually to the Governor and the General Assembly in conjunction with an annual report on the overall status of the state work force;
(10) Serve as consultant to agencies on work force planning and effective work force strategies, provide Provide technical support asd assistance, and direct services to agencies as requested; and
(11) Maintain and make available to the public at large a state-wide central registry of employment vacancies and job announcements in state government as provided to the state merit system by agencies socking assistance in filling job vacancies.
(d) With respect to employees in the unclassified service, it shall be the responsibility of the employing agency to perform the following functions:
pro ria, define Define agency unique job classes, establish and apply associated qualifications for those job classes, and assign those job classes to pay ranges on an appropriate state-wide compensation plan;
(2) Allocate aH agency positions to defined job classes;
(3) Recruit and screen applicants for job vacancies;
(4) Develop and administer appropriate job applicant screening devices to ensure the integrity of the hiring process; and
(5) Develop agency unique policies to ensure compliance with all applicable employment related state and federal laws.
(e) Subsections (c) and (d) of this Code section shall not apply to the legislative or judicial branches, to the board of regents, or to any agency which employs employed no classified employees as of July 1, 1996.
(f) Each agency shall develop an annual work force plan according to state-wide criteria and guidelines and shall provide a report of such plan annually to the state merit system for incorporation into the state-wide work force plan to be submitted to the Governor and the General Assembly.
(fKg) In the event agencies do not use a competitive civil service examination to fill some or all of their unclassified positions, it is expressly the intent of the General Assembly that appropriate consideration be given to veterans as defined under Article IV, Section III, Paragraph II of the Constitution of Georgia and Article 2 of Chapter 2 of this title in the filling of job vacancies in this state. Guidelines defining consideration practices shall be developed at the state level. Agencies shall specify agency policies and practices to implement appropriate consideration of military veterans in filling agency job vacancies.

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The rules of statutory construction contained in Chapter 3 of Title 1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to this article.
45-20-2.
As used in this chapter, the term:
(1) 'Appointing authority' means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions.
(2) 'Classified service' includes all employees of state departments as defined in this Code section; all employees of local departments of health and county departments of family and children services; local employees of the Department of Defense as defined by law; but those officers and employees excluded by this article shall not be included.
(3) 'Commissioner of personnel administration' and 'commissioner" mean the chief executive officer of the state merit system who is responsible for administering the state personnel program in accordance with applicable state and federal laws and the policies of the State Personnel Board.
(4) 'Confidential position' means a position which by its nature is entrusted with private or restricted information of a type which would preclude it from inclusion in the classified service.
(5) 'Covered employee' or 'classified employee' means an employee subject to the rules and regulations of the state merit system.
(6) 'Covered position' or 'classified position' means a position subject to the rules and regulations of the state merit system.
(7) 'Department' and 'agency' are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities and public corporations. 'Department' and 'agency* shall include an agency assigned to a department for administrative purposes and shall also include local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees.
(8) 'Department covered by the state merit system' means that a department has one or more positions or employees subject to the State Merit System of Personnel Administration.
(8.1) 'Interdepartmental transfer" means a transfer from a classified position in one department to a classified position in another department at the same or a higher or lower pay grade. A transfer between units of the Department of Human Resources, including county departments of health and county departments of family and children services, shall not be deemed to be an interdepartmental transfer.
(9) 'Permanent employee,' 'permanent status employee,' or 'employee on permanent status' means an employee who has successfully completed a working test period in the class of positions in which he or she has been employed.
(10) 'Position' means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

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(11) 'Positions of purely policy-making nature' means those positions charged with the primary responsibility and authority for the promulgation, implementation, and enforcement of departmental policies.
(12) 'Rules and regulations' and 'merit system rules and regulations' mean the governing provisions of the state merit system, as adopted by the State Personnel Board and approved by the Governor which give force and effect to the policies of the State Personnel Board.
(13) 'State Personnel Board' and "board7 are synonymous and mean the body authorized by Article IV, Section III, Paragraph I of the Constitution of Georgia.
(14) 'State Personnel Board policies' means those policies adopted by the board and approved by the Governor, which policies describe the goals and objectives of the state personnel program and serve as a basis for the formulation and administration of the merit system rules and regulations.
(15) 'Unclassified service' includes the following officers and employees who are excluded from the classified service by this article:
(A) Members of the General Assembly;
(B) Persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and Accounts, and the legislative counsel, except as otherwise provided;
(C) Officers, officials, and employees comprising the office of the Governor, except those officers, 'officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator, notwithstanding their previous inclusion in the classified service;
(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, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
(J) The officers, officials, and employees of the Department of Transportation, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

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(K) The officers, officials, and employees of the Department of Law, except those officers, officials, and employees already covered by the state merit system by law or executive order;
(L) 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;
(M) Not more than five positions designated by the head of each department, bureau, commission, or agency, including those assigned for administrative purposes only, provided that the agency does not presently contain five unclassified, fulltime, permanent, managerial positions; and provided, further, that the rights of classified employees shall not be abridged;
(N) Members of the military forces of the state while engaged in military service;
(O) Members of unemployment compensation boards of review and appeals tribunals representing employer, employee, and the general public interest;
(P) State and local officials serving ex officio or emeritus and performing incidental duties;
(Q) Members of other advisory councils, committees, or similar bodies within the state merit system;
(R) Part-time or temporary employees rendering medical, nursing, or other professional, scientific, or technical services who are not engaged in the performance of administrative duties under the merit system, provided that such employees meet the minimum requirements of education and experience established by the appointing authority and such employment is approved by the commissioner;
(S) Prisoner, inmate, student, or patient help working in or about institutions;
(T) Per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the commissioner has authorized such employment;
(U) Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Georgia Industries for the Blind;
(V) Positions specifically excluded from classified service by law or those of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the commissioner;
(W) Time-limited positions established for the purpose of conducting a specific study, investigation, or project subject to the approval of the commissioner;
(X) Additional positions of unique functions as may be authorized by the commissioner;
(Y) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety;
(Z)(i) The officers, officials, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in

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the unclassified service under another provision of this chapter. Except as provided in division (ii) of this subparagraph, unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title.
(ii) Any provision of division (i) of this subparagraph to the contrary notwithstanding, unclassified employees of the Department of Natural Resources who are at work on or after July 1, 1993, who are paid on an hourly basis, and who are otherwise eligible to participate under Article 1 of Chapter 18 of this title may be included under the health insurance plan for state employees as funding is provided and may accrue annual and sick leave; provided, however, that such eligibility for annual and sick leave shall not apply to any service occurring prior to July 1, 1993;
(AA) The employees in the positions in the job classification of 'Clerk, Contingency" in the Department of Labor who are paid on an hourly basis. These employees shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title;
(BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
(CC) The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purposes of securing accreditation of the Insurance Department by the National Association of Insurance Commissioners;
(DD) The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;
Qlid
(EE) All positions filled on or after July 1, 1996, by new hiresr or rehires;
(FF) Any position established on or after July 1, 1996; and
(GG) Any classified employee who, on or after July 1, 1996, accepts employment in an unclassified position.

(16) Working test' or 'working test period' means a probationary period of employment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to eacht promotion and interdepartmental transfer as provided in Code Section 45-20-17.
(A) Appointment;

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(B) Roappointmcnt;
(C) Promotion; and
(D) Interdepartmental transfer as provided in Code Section 46 30 17.
The commissioner may fix the length of the working test period for any class at not less than six months nor more than 18 months exclusive of any time in nonpay status or an unclassified position; provided, however, that the length of the working test period for troopers of the Uniform Division of the Department of Public Safety shall be 18 months. The State Personnel Board shall provide guidelines to be used by appointing authorities in reviewing classified employees during the working test period.
(17) 'Working test employee' or 'employee on working test' means a covered employee serving a working test period in the class of positions in which he or she is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he or she held permanent status shall retain permanent status rights in the lower class until he or she attains permanent status in the class to which he or she has been promoted; provided, further, that an employee with five years or more of continuous state service who is serving a working test period following an interdepartmental transfer shall retain permanent status rights in the new department as provided in subsection (b) of Code Section 45-20-17.
45-20-3.

(a)(l) The State Personnel Board shall prescribe the general policies guidelines by which the state merit ayatcm state's personnel policies shall be administered. The board shall hold regular meetings at least once each month and may hold additional meetings as may be required for the proper discharge of its duties.
(2) Members of the board shall receive no salary but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is attending meetings or performing official business for the board, 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 or official business.
(3) Three members shall constitute a quorum. Only the votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the State Personnel Board, provided there is a quorum.
(b) It shall be the specific duty and function of the State Personnel Board:
(1) To represent the public interest in the improvement of personnel administration in the all state departments covered by the state merit system;
(2) To determine appropriate human resource management goals and objectives for the otatc merit Byatcm employees of the classified and unclassified service and prescribe policies for their accomplishment;
(3) At public hearings to adopt and amend policies, rules, and regulations effectuating the State Merit System of Personnel Administration and the state's personnel policies and practices with respect to employees of the classified and unclassified service subject to approval by the Governor. The rules and regulations of the State Personnel Board in effect on March 13, 1975, shall remain in effect until amended,

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changed, modified, or repealed by the board. Notice of State Personnel Board meetings shall be released to all departments and agencies covered by the otatc merit system and shall be prominently posted at the office of the State Merit System of Personnel Administration at least ten days prior to each board meeting;
(4) Where the board deems a review appropriate, for employees of the classified service, to ensure that a review is afforded on dismissals, other adverse personnel actions defined by the rules and regulations of the State Personnel Board, and other purported violations of the rules and regulations in the several departments which are included in the e41 classified service as well as in other matters under the board's jurisdiction. All appeals determinations of the board shall be written and documented as to findings of fact, bases for decisions, and prescribed remedies;
(5) To assure the administration of state and federal laws relating to state personnel administration;
(6) To establish an annual budget covering all the costs of State Personnel Board operations, said budget to be incorporated as a component of the annual budget of the state merit system; and
(7) To promote public understanding of the purposes, policies, and practices of the State Merit System of Personnel Administration and to advise and assist the several state departments in fostering merit selection and securing the interest of institutions of learning and of civic, professional, and other organizations in the improvement of personnel standards under the state merit state's personnel system."
SECTION 2.
Said title is further amended by striking Code Section 45-20-4, relating to the creation, appointment, compensation, powers, and duties of the commissioner of personnel administration and deputy commissioner and other assistants, and inserting in lieu thereof a new Code section to read as follows:
"45-20-4.

(a) There is created the position of commissioner of personnel administration. The commissioner shall be appointed by the Governor after consultation with the State Personnel Board subject to confirmation by the Senate. The Governor shall fix the compensation of the commissioner, who shall serve at the pleasure of the Governor.
(b) The duties and responsibilities of the commissioner shall be:
(1) To serve as executive secretary to the board, to attend meetings as directed by the board, and to provide such professional, technical, and other supportive assistance as may be required by the board in the performance of its duties;
(2) Consistent with board policy, to administer the operations of the state merit system and to otherwise act in the capacity of chief executive officer of the state personnel administration program;
(3) To submit to the Governor the rules and regulations adopted by the State Personnel Board effectuating the state merit system. Such merit ayatcm rules and regulations when approved by the Governor shall have the force and effect of law and shall be binding upon the state departments covered by this article and shall include provisions for the establishment and maintenance of classification and compensation plans, the conduct of examinations, and the establishment of registers of persons eligible for appointment under the merit system employment, the certifica-

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tion of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, reinstatement, appeals, reports of performance, payroll certification, employee training, and all other phases of merit ayatcm personnel administration. Such rules and regulations shall define and prohibit improper political activity by any departmental employee of the State Personnel Board or any employee covered under the terms of the atatc merit ayatcm this article and shall provide that there shall be no discrimination for or against any person or employee in any manner, to include, but not be limited to, hiring, discharge, compensation, benefits, terms or conditions of employment, promotion, job classification, transfer, privileges, or demotion because of political affiliation, religious affiliation, race, creed, national origin, sex, age between 40 and 70 years, or physical disability. Such rules and regulations shall conform to the minimum standards for merit systems of personnel administration as specified by those federal departments from which federal funds are obtained for use by the several state departments covered by this article. Compensation plans and modifications thereto promulgated under the rules and regulations of the commissioner shall become effective as adopted upon approval of the director of the Office of Planning and Budget;
(4) To administer the rules and regulations and all other operational aspects of the state merit system and to assure compliance therewith in all the departments; eevcrcd by the state merit ayatcm;
(5) To appoint and prescribe the duties of the merit system staff, all positions of which ahall be included in the elaaaificd service, except as othcrwiac provided in this

(6) To establish an annual budget covering all the costs of operating the State Merit System of Personnel Administration including the State Personnel Board, and the costs of administering such federal laws relating to personnel administration as the Governor may direct including the Intergovernmental Personnel Act of 1970, and to determine an equitable basis of prorating the annual costs among the several departments covered by the State Merit System of Personnel Administration, provided that upon approval of such budget by the Governor, he the Governor shall be empowered to direct that the necessary pro rata share of the several assessed departments concerned be made available for expenditure by the state merit system in the same manner as appropriated funds are expended by other departments of the state;
(7) To ensure compliance with all applicable state and federal statutes and regulations concerning discrimination in employment, personnel administration, and related matters;
(8) To cooperate with appointing authorities in the administration of this article in order to promote public service and establish conditions of service which will attract and retain employees of character and ability and to increase efficiency and economy in governmental departments by improving the methods of personnel administration with full recognition of the requirements and needs of management; and
(9) To appoint and prescribe the duties of a deputy commissioner of personnel administration who shall be the. second highest executive officer in the state merit system and the deputy executive secretary to the State Personnel Board; and to appoint and prescribe the duties of such other assistant commissioners of personnel administration as the commissioner deems appropriate. The deputy commissioner and the assistant commissioners shall be in the unclassified service and any of them shall have the authority to perform any duty assigned to the commissioner if delegated to them by the commissioner."

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SECTION 3.

Said title is further amended by striking subsection (a) of Code Section 45-20-16, relating to accrual, utilization, disapproval, and conversion of sick leave, and inserting in lieu thereof a new subsection (a) to read as follows:
"45-20-16.

(a) Full-time employees in the classified service shall cam aiek leave at the rate of one and one fourth days per month of service. Part time employees in the elaaaificd service who work 30 or more hours per week shall earn sick leave at the rate of one and onefourth daya per month of service prorated by the percentage of time worked. Siek leave ahull be cumulative for not more than 00 days. Any aiek leave earned in excess of 00 daya at the end of any month shall be forfeited but may be restored to the employee as provided in the rcgulntiona of the State Personnel Board. As a part of employee compensation, the State Personnel Board shall establish rules for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees in the classified service. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the accrual and usage of leave and holidays and for compensation due to emergency closure of state offices or facilities for nontemporary employees in the unclassified service in the same manner and amount provided for employees in the classified service."
SECTION 4.

Said title is further amended by adding a new Code section following Code Section 4520-20 to read as follows:
"45-20-21.

The State Personnel Board shall provide for a performance management system for the periodic review and rating of the quality and quantity of work performed by classified employees. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia and of any agency which employed no classified employees as of July 1, 1996, shall provide for the review and rating of the quality and quantity of work performed by employees in the unclassified service in the same manner as employees in the classified service. Such performance management system shall have an appeals process developed by the State Personnel Board to ensure that employees are evaluated fairly. This appeals process will only be used by employees who are denied a salary increase due to their performance review or rating."

SECTION 5.

Said title is further amended by striking Code Section 45-20-70.1 and 45-20-71, relating to the authorization for an employee assistance program and the confidentiality of program related records or activities, and inserting in lieu thereof two new Code sections to read as follows:
"45-20-70.1.

The State Personnel Board is authorized in its discretion to establish an employee assistance program for all state employees of departments covered under the atatc merit system and to adopt and promulgate rules and regulations for its administration.

MONDAY, FEBRUARY 21, 2000

1079

45-20-71.

Program related records or activities which might disclose the nature of the services provided an employee or the identity of an employee utilizing the program shall be maintained on a confidential basis. Such records shall be produced only when the commissioner of personnel administration or his or her designee is satisfied it is needed to respond to a life-threatening or medical emergency or when written release is given by an employee."

SECTION 6.

Said title is further amended by striking Chapter 21, relating to the employees' suggestion and awards program, and inserting in lieu thereof a new chapter to read as follows:

"45-21-1.

"CHAPTER 21

As used in this chapter, the term:
(1) 'Agency' means any agency as defined in Code Section 45-20-2, any authority, or any public corporation, but shall not include the board of regents and units of the University System of Georgia.
(4X2) 'Board' means the State Personnel Board.
(3X3) 'Employees' suggestion and awards program' means the program developed by the board under this chapter for employees within the classified service, as defined in Code Section 46-20-2.
(3X4) 'Commissioner' means the commissioner of personnel administration or his or her designee.
45-21-2.

The board shall formulate, establish, and maintain an employees' suggestion and awards program to encourage state employees to make meritorious suggestions which will promote efficiency and economy in the performance of any function of state government and assist in recruiting and retaining qualified career employees in an increasingly competitive economy.
45-21-3.
(a) With the approval of the board, the commissioner shall prepare rules and regulations necessary and appropriate for the proper administration of this program and for the accomplishment of the purposes of this chapter including rules and regulations governing the:
(1) Operation of the employees' suggestion and awards program;
(2) Eligibility of state employees to participate in the program;
(3) Type Character and quality of suggestions that will receive consideration;
(4) Method of submission of suggestions;
(5) Procedure for review of suggestions;

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JOURNAL OF THE HOUSE

(6) Procedure for verifying service, determining character, and making service awards; and
(7) Procedure for determining awards to be given for suggestions.
(b) The commissioner shall submit the rules or any amendments thereto to the Governor. Such rules or amendments will become effective when approved by the Governor or 15 days after they are submitted, to him if he the Governor has not rejected them prior to that time.
45-21-4.
Subject to Article 1 of Chapter 20 of this title, the commissioner shall employ the necessary clerical aaaiatanta staff required by him and by the board in carrying to carry out this chapter.
45-21-5.
Each state department head shall appoint a committee to be composed of not more than three members selected from the officers and employees of the department to review suggestions submitted which pertain to the operations of feis that department. The departmental committee shall, within 45 days of receipt, without undue delay report to the commissioner on all suggestions submitted to it pursuant to this chapter. Such report shall contain an estimate of the value of the auggcationa projected annual savings to be generated by a suggestion and a statement concerning the department's plan with reference to adopting them. The departmental committee ahall also report to the commiasioncr the namoa of thoac employees who may be eligible for acrviec
45-21-6.
The commissioner shall make any further investigation which he dccma deemed appropriate with respect to any suggestion or acrvicc award awards whether or not reported to him by the departmental committeest and fee shall report his or her findings and recommendations to the board. Subject to any rules and regulations adopted under this chapter, the board shall make the final determination as to what action will be taken on acrvicc awards or employee suggestions including what additional compensation, if any, aad or certificate or both shall be awarded to an employee whose suggestion is adopted.
45-21-7.
(a) Cash awards for suggestions submitted by an employee, implemented by a state department, and approved by the board which result in direct measurable cash savings or cost avoidance shall be paid to such employee in an amount equal to up to 10 percent of the first year's estimated net material and labor savings. The award shall be paid by the department or departments adopting the suggestion and shall be made within six months of the date the suggestion is implemented. Cash awards shall be for not less than $10.00 and for not more than $5,000.00 regardless of the number of departments adopting the suggestion. Funds necessary for providing the appropriate cash awards shall be drawn from the object class most directly affected by the approved suggestion. If the amount of a tangible savings award exceeds $100.00, the suggestion shall be reviewed by the department or departments implementing the suggestion one year from the date of implementation to determine actual net savings. If additional actual savings have resulted, a final additional award shall be made to such

MONDAY, FEBRUARY 21, 2000

1081

employee based on up to 10 percent of such actual net savings less any previous award payment. No award shall be made for any savings after the first year of implementation.
(b)(l) Suggestions involving improvements in working conditions; changes in procedures; revision of forms; improvement in employee morale, health, or safety; or related improvements for which the monetary value cannot be determined shall be eligible for award certificates or cash awards based on intangible savings.
(2) The board shall establish a method of evaluating such suggestions. Cash awards for suggestions involving intangible savings shall not exceed $100.00.
(c) All employee suggestions shall be aubmittcd in writing on a form to be made avail able by the commissioner in order to be eligible for consideration for an award. AH aubmittcd suggestions shall clearly and concisely define the specific situation or prob' 1cm, state a detailed, proposed solution to such situation or problem, and indicate the expected benefit to the atatc.
(dXc) Other awards to state employees made under this chapter may include:
(1) A certificate of merit which shall be in such form and shall be awarded at such times as the board may fix and determine;
(2) A certificate that shall indicate the number of years of state service which for this purpose shall be ascertained by the commissioner; or
(3) An appropriate pin, button, or other emblem which may be approved by the board.
45-21-8.

The costs of administration and of the certificates, pins, buttons, or other appropriate emblems shall be paid from the funds of the State Merit System of Personnel Administration and shall be included as a part of the annual budget of'that agency."
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Holmes of the 53rd and Skipper of the 137th move to amend the Committee substitute to HB 1314 by striking from lines 28 through 33 on page 17 the following:
"Such performance management system shall have an appeals process developed by the State Personnel Board to ensure that employees are evaluated fairly. This appeals process will only be used by employees who are denied a salary increase due to their performance review or rating."

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:

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

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
E Dix Y Dixon Y Dodson
Dukes 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 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 Y Mann
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 OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder Y Porter
Powell Y Purcell
Ragas Y Randall Y Ray
Reaves Y Reece
Reed Y Reese Y Reichert
Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims 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 E Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
Stancil Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Tolbert Trense E Turnquest Y Twiggs Y Untennan 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, as amended, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Smyre of the 136th assumed the Chair.
HB 1214. By Representatives Channell of the lllth, Coleman of the 142nd, Parrish of the 144th, Walker of the 141st and Skipper of the 137th: A bill to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, creating the PeachCare for Kids Program, so as to change the provisions relating to eligibility; to provide for Department of Education and local boards of education cooperation and assistance with regard to the program.
The following amendment was read:

MONDAY, FEBRUARY 21, 2000

1083

Representative Franklin of the 39th moves to amend HB 1214 as follows: Delete lines 23-30

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

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

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

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson E Jenkins N Jennings N Jones Y Joyce Y 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
McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

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

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

On the adoption of the amendment, the ayes were 36, nays 130. 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 N Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash

Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox Y Crawford Y Cummings N Davis, M
Davis, T Y Day
Dean Y DeLoach, B

1084
Y DeLoach, G E 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 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

JOURNAL OF THE HOUSE

Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
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 N Massey Y McBee Y McCall Y McClinton

Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y CCNeal
Orrock Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice

Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y 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 E Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires

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

On the passage of the Bill, the ayes were 143, nays 20. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1214 was ordered immediately transmitted to the Senate.
HB 1416. By Representatives West of the 101st, Stallings of the 100th, Royal of the 164th, Walker of the 141st, Reece of the llth and others:
A bill to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, so as to provide an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers.

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

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

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

Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps N 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 Hegatrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

MONDAY, FEBRUARY 21, 2000

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

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray 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 Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner

1085
Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Tfeper Y Tillman Y Tolbert Y Trense E 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 158, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HB 1379. By Representatives Hudson of the 156th, Holland of the 157th, Ray of the 128th, Hanner of the 159th, Shaw of the 176th and others: A bill to amend Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees of the Georgia-Federal State Inspection Service who are active or retired members of the Employees' Retirement System of Georgia.
The following Committee substitute was read and adopted: A BILL
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the Board of Community Health is authorized to contract with the Georgia-Federal State Inspection Service for inclusion in such plan of state employees and retiring employees of such service and their spouses and dependent children; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by inserting immediately following Code Section 45-18-7.5 a new Code section to read as follows:

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JOURNAL OF THE HOUSE

"45-18-7.6.

The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees and retiring employees of the Georgia-Federal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans."

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

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves 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
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
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 OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y 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 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 E Smith, V
Smyre Y Snelling Y Snow Y Squires
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 E 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, by substitute, the ayes were 156, nays 0.

MONDAY, FEBRUARY 21, 2000

1087

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

HB 1389. By Representatives Powell of the 23rd, Martin of the 145th, Epps of the 131st, Parrish of the 144th, Stallings of the 100th and others:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to clarify when the holder of a dishonored instrument may charge to the maker of such instrument any fees that a bank or financial institution charges such holder for handling such dishonored instrument.

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

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

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

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

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

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

Y Smith, L.R Y Smith, P E Smith, T E 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 Tolbert Y Trense E 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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 956. By Representative Mueller of the 152nd: A resolution authorizing the conveyance of certain state owned real property located in Chatham County.

1088

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 Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter YByrd 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 E Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce 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 CCNeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray 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
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 E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense E Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1322. By Representatives Squires of the 78th and Unterman of the 84th: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia.
The following Committee substitute was read and adopted: A BILL
To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 21, 2000

1089

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, is amended by adding at the end thereof a new Article 10 to read as follows:
"ARTICLE 10
12-3-640.
In recognition of the many beautiful and outstanding gardens and nature centers of the State of Georgia, the following gardens and nature centers and such others as may hereafter be designated by resolution of the General Assembly are designated as the official gardens and nature centers of Georgia: Atlanta Botanical Gardens in Fulton County, Barnsley Garden in Bartow County, Bullock Hall in Fulton County, Brumby Hall and Gardens in Cobb County, Callaway Gardens in Harris County, Chateau Elan in Barrow County, Chattahoochee Nature Center in Fulton County, Fernbank Forest in DeKalb County, Governor's Mansion in Fulton County, Lanier Museum of Natural History in Gwinnett County, Massee Lane Gardens of the American Camellia Society in Peach County, Rock City Gardens in Walker County, Rosalyn Carter Rose Garden at the Carter Center in Fulton County, Stone Mountain Park in Gwinnett and DeKalb counties, Vines Botanical Gardens in Gwinnett County, William H. Reynolds Memorial Nature Reserve in Clayton County, Thomasville Rose Garden in Thomasville, Birdsong Nature Center in Thomasville, Providence Canyon State Conversation Park in Lumpkin County, Florence Marina State Park in Omaha, Oxbow Meadows Environmental Learning Center in Columbus, Columbus Riverwalk in Columbus, Founder's Park in Columbus, Columbus Museum Gardens in Columbus, LaGrange Square in LaGrange, Oak Grove Plantation and Gardens in Newnan, Pine Mountain Trail and FDR State Park nature trail in Pine Mountain, Grandmother's Garden and Pathways of Gold Park in Sharpsburg, Sprewell Bluff State Park in Thomaston, Georgia Veterans Memorial State Park in Cordele, Chatham County Garden Center and Botanical Gardens in Savannah, Bamboo Farm & Coastal Gardens in Savannah, LeConte Woodmanston National Historic Place in Midway, Athens-Area Gardens in Athens, Athens Welcome Center Garden in Athens, Founder's Memorial Garden in Athens, State Botanical Garden of Georgia in Athens, Fred Hamilton Rhododendron Garden in Hiawassee, and Elachee Nature Science Center in Gainesville. The Department of Industry, Trade, and Tourism and other public agencies and leaders in this state are encouraged to work together to maximize advertising and other programs which will permit the citizens of this state and other states and nations to learn of the beautiful gardens and nature centers of Georgia."
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

1090
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
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 E Dix Y Dixon Y Dodson

JOURNAL OF THE HOUSE

Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
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 Cmeal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag E Ponder

Y Porter Y Powell Y Purcell Y Ragas Y Randall
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

E Smith, T E 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 E Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1403. By Representatives Teper of the 61st, Millar of the 59th and Jennings of the 63rd: A bill to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds.

The report of the Committee, which was favorable to the 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
Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox

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

Y Dukes Y Ehrhart Y Epps 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

MONDAY, FEBRUARY 21, 2000

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

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

Y Scarlett 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 E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P

1091
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense E Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1339. By Representatives Epps of the 131st, Dixon of the 168th, DeLoach of the 119th, Jones of the 71st, Mueller of the 152nd and others:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to provide that in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day; to provide exceptions; to provide that the local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days.

The report of the Committee, which was favorable to the 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 N Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders N Bridges Y Brooks

Y Brown Y Buck N Buckner N Bulloch N Bunn Y Burkhalter N Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Clark N Coan

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

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

N Hammontree N Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes N Houston Y Howard N Hudgens

1092
Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson E Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas Y Maddox N Mann
Manning Y Martin, J Y Martin, J.L

JOURNAL OF THE HOUSE

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

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

N Sholar N 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 E Smith, T E Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P Y Stanley-Turner Y Stephens N Stokes

Y Stuckey Y Taylor Y Teague YTeper Y Tillman N Tolbert Y Trense E Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson
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, the ayes were 112, nays 51.
The Bill, having received the requisite constitutional majority, was passed.
Representative Poag of the 6th stated that he inadvertently voted "aye" on the preceding roll call. He wished to he recorded as voting "nay" thereon.
HB 892. By Representatives Alien of the 117th, Anderson of the 116th, Stanley of the 49th and Howard of the 118th:
A bill to amend Code Section 15-11-9.1 of the Official Code of Georgia Annotated, relating to juvenile court intake and probation services, so as to provide that certain employees transferred from county juvenile courts to the state-wide juvenile and intake services will be included in the classified service of the state merit system; to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, so as to make conforming changes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 15-11-9.1 of the Official Code of Georgia Annotated, relating to juvenile court intake and probation services, so as to provide that certain employees transferred from county juvenile courts to the state-wide juvenile and intake services will be included in the classified service of the state merit system; to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, so as to make conforming changes; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 21, 2000

1093

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-9.1 of the Official Code of Georgia Annotated, relating to juvenile court intake and probation services, is amended by adding at the end a new subsection to read as follows:
"(d) Persons who were probation and intake employees of the juvenile court of a county on June 30, 1996, but who were transferred as probation and intake employees to and became a part of the state-wide juvenile and intake services system fully funded through the department before January 1, 1999, shall be covered employees in the classified service of the state merit system."
SECTION 2.
Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, is amended by striking subsection (a) of Code Section 45-201, relating to purpose, and inserting in its place thereof the following:
"(a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will eliminate unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service of the state merit system, except as provided in Code Section 15-11-9.1. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be covered employees in the classified service and shall remain subject to the rules and regulations of the state merit system so long as they remain in covered positions or as otherwise provided by law."
SECTION 3.
Said article is further amended by striking subparagraph (EE) of paragraph (15) of Code Section 45-20-2, relating to definitions, and inserting in its place the following:
"(EE) All positions filled on or after July 1, 1996, by new hires, except as provided in Code Section 15-11-9.1."
SECTION 4.
Said article is further amended by striking subsection (a) of Code Section 45-20-6, relating to composition of classified and unclassified service, and inserting in its place the following:
"(a) The classified service as defined by Code Section 45-20-2 shall consist of all positions filled by agencies prior to July 1, 1996, except those included by law in the unclassified service and except as provided in Code Section 15-11.9.1. Such classified positions shall be covered by the state merit system. Any officer or employee who occupies a covered position under the state merit system prior to July 1, 1996, or as

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provided in Code Section 15-11-9.1 shall remain in the classified service so long as such officer or employee shall remain in a covered position or as otherwise provided by law."
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
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 E Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves 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 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
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 YPoag E Ponder Y Porter Y Powell Y Purcell YRagas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

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

On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 21, 2000

1095

The Speaker assumed the Chair.

HB 1284. By Representatives Tillman of the 173rd, Murphy of the 18th, O'Neal of the 75th, Greene of the 158th, Kaye of the 37th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative findings and intent; to provide for execution by lethal injection for persons convicted of capital crimes committed after a specified date.

The following Committee substitute was read:
A BILL
To amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative intent; to provide for execution by lethal injection for persons convicted of capital crimes committed on or after a specified date; to provide for execution by lethal injection for crimes committed prior to a specified date in certain circumstances; to provide for a definition; to provide that prescription, preparation, compounding, dispensing, and administration of a lethal injection is not the practice of certain licensed or certified professions; to change provisions relating to electrocution as a method of execution; to provide for related matters; 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.
It is the intention of the General Assembly to provide for execution by lethal injection for persons sentenced to death after conviction of capital crimes committed on or after July 1, 2000. It is the further intention of the General Assembly that persons sentenced to death for crimes committed prior to the effective date of this Act be executed by lethal injection if the Supreme Court of the United States declares that electrocution violates the Constitution of the United States or if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia.
SECTION 2.
Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, is amended by striking in its entirety Code Section 17-10-33, relating to death sentences and transport of a defendant to the place of execution, and inserting in its place the following:
"17-10-33.
Upon a judgment of death made by a judge, it shall be the duty of the judge to sentence the defendant to death and to indicate the sentence in writing, which writing shall be filed with the papers in the case against the defendant. A certified copy of the sentence shall be sent by the clerk of the court in which the sentence is pronounced to the defendant's attorney of record, to the Attorney General, and to the superintendent of the state correctional institution where the execution is to take place, not less than ten days prior to the time fixed in the sentence of the court for the execution of the defendant. In all cases it shall be the duty of the sheriff of the county in which the defendant is sentenced, together with one deputy or more if in his the sheriff's judgment it is necessary, and provided that in all cases the number of guards shall be approved by the trial judge or, if he the trial judge is not available, by the judge of the

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probate court of the county in which the defendant is sentenced, to convey the defendant to the appropriate state correctional institution, not more than 20 days nor less than two days prior to the time fixed in the judgment for the execution of the defendant, unless otherwise directed by the Governor or unless a stay of execution has been caused by an appeal, granting of a new trial, or other order of a court of competent jurisdiction. The expense for transporting the defendant to the state correctional institution for the purpose of electrocution execution of the death sentence shall be paid by the county governing authority of the county in which the defendant was convicted, out of any funds on hand in the treasury of the county."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 17-10-38, relating to death sentences, and inserting in lieu thereof the following:
"17-10-38.

(a) All persons who have been convicted of a capital offense and have had imposed upon them a sentence of death shall suffer such punishment by electrocution lethal injection. Lethal injection is the continuous intravenous injection of a substance or substances sufficient to cause death into the body of the person sentenced to death until such person is dead.
(b) In all cases in which the defendant is sentenced to be electrocuted death, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Corrections for electrocution execution of the death sentence at a state correctional institution designated by the department.
(c) Notwithstanding any other provision of law, prescription, preparation, compounding, dispensing, or administration of a lethal injection authorized by a sentence of death by a court of competent jurisdiction shall not constitute the practice of medicine or any other profession relating to health care which is subject by law to regulation, licensure, or certification."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 17-10-41, relating to persons required to be present at executions, and inserting in lieu thereof the following:
"17-10-41.

There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two physicians to determine when death supervenes, electricians, and other correctional officers, assistants, technicians, and witnesses as determined by the commissioner of corrections. In addition, the convicted person may request the presence of his or her counsel, clergyman a member of the clergy, and a reasonable number of relatives and friends, provided that the total number of witnesses appearing at the request of the convicted person shall be determined by the commissioner of corrections."
SECTION 5.
Said article is further amended by striking in its entirety Code Section 17-10-44, relating to death chamber apparatus, machinery, and appliances, and inserting in lieu thereof the following:

MONDAY, FEBRUARY 21, 2000

1097

"17-10-44.

The Department of Corrections shall provide a death chamber place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death by electrocution."
SECTION 6.
Section 3 of this Act shall apply to persons sentenced to death for crimes committed on or after July 1, 2000. Section 3 of this Act shall apply to all persons sentenced to death for crimes committed prior to July 1, 2000, if the Supreme Court of the United States or the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia.

SECTION 7. This Act shall become effective July 1, 2000.

SECTION 8.

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

The following amendment was read:

Representative Burkhalter of the 41st moves to amend the Committee substitute to HB 1284 as follows: On page 4 Section 6 strike line 7 and 8 through "July 1st 2000." On line 10 strike "for crimes committed prior to July 1, 2000" On page 2 line 42 between "by" and "lethal" add "electrocution or" On page 2 line 43 after "injection." insert "only as provided in 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 N Bailey N Bannister Y Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders N Bridges N Brooks N Brown N Buck N Buckner N Bulloch Y Bunn Y Burkhalter

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

Y DeLoach, G E Dix N Dixon N Dodson N Dukes N Ehrhart N Epps N Evans Y Everett N Felton N Floyd N Franklin Y Golick Y Graves N Greene Y Grindley N Hammontree N Hanner Y Harbin E Harrell

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

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

1098
N Morris N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Pinholster N Poag E Ponder N Porter N Powell N Purcell N Ragas

JOURNAL OF THE HOUSE

N Randall Y Ray N Reaves N Reece N Reed N Reese N Reichert N Rice N 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 Y Smith, C.W N Smith, L N Smith, L.R N Smith, P E Smith, T N Smith, V

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

Y Trense E Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West Y Westmorland N Whitaker N Wiles Y Williams, J N Williams, R N Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 33, nays 139.
The amendment was lost.
Representative Stephens of the 150th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read:
Representative Alien of the 117th moves to amend the Committee substitute to HB 1284 as amended by AM 14 0402 by striking lines 1 through 15 on page 1 and inserting in lieu thereof the following:
"To eliminate the imposition of the death penalty in this state; to amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, so as to eliminate references to the death penalty; to provide for resentencing of certain persons previously sentenced to death; to authorize sentences of life without parole; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking Sections 1 through 6 on pages 1 through 4 and inserting in lieu thereof the following:
"SECTION 1.
Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentence and punishment, is amended by striking in its entirety Article 2, relating to the death penalty generally, and inserting in lieu thereof a new Article 2 to read as follows:
'ARTICLE 2
17-10-30.
(a) The sentence of life without parole may be imposed for the offense of aircraft hijacking or treason in any case.

MONDAY, FEBRUARY 21, 2000

1099

(b) In all cases of other offenses for which life without parole may be authorized, the judge shall consider, or he or she shall include in his or her instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence:
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a felony;
(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree;
(3) The offender, by his or her act of murder, armed robbery, or kidnapping, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;
(4) The offender committed the offense of murder for himself or herself or another, for the purpose of receiving money or any other thing of monetary value;
(5) The murder of a judicial officer, former judicial officer, district attorney or solicitor-general, or former district attorney, solicitor, or solicitor-general was committed during or because of the exercise of his or her official duties;
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;
(7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;
(8) The offense of murder was committed against any peace officer, corrections employee, or firefighter while engaged in the performance of his or her official duties;
(9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; or
(10) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or herself or another.
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of life without parole shall designate in writing, signed by the foreperson of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases, the judge shall make such designation. Except in cases of treason or aircraft hijacking, unless at least one of the statutory aggravating circumstances enumerated in subsection (b) of this Code section is so found, life without parole shall not be imposed.
17-10-31.
(a) Imprisonment for life without parole can be imposed in any murder case in which there is found by the court or jury one or more statutory aggravating circumstances as defined by Code Section 17-10-30.

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(b) In all cases for which life without parole may be authorized, the judge shall consider, or shall include in the judge's instructions to the jury for it to consider, any mitigating circumstances or any of the statutory aggravating circumstances specified by Code Section 17-10-30 which may be supported by the evidence.
(c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of life without parole, shall designate in writing, signed by the foreperson of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases, the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumerated in Code Section 17-10-30 is so found, life without parole shall not be imposed.
17-10-32.
Any person who has been convicted of a crime and who has had imposed upon him or her a sentence of death prior to the effective date of this article and who remains under a sentence of death immediately preceding the effective date of this article shall be resentenced by the judge of the superior court who has jurisdiction of the case. Such person shall be sentenced according to the provisions of law applicable to such crime including the provisions of Code Sections 17-10-6.1, 17-10-7, and 17-10-30.1. The jury or judge has made a determination of the existence of a statutory aggravating circumstance under provisions of law in effect prior to the effective date of this Code section and any further determination of such issue shall not be required.'"
By renumbering Sections 7 and 8 on page 4 as Sections 2 and 3, respectively.

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

Y Alien Y Anderson N Ashe N Bailey N Bannister N Barnard N Barnes N Benefield N Birdsong N Bohannon Y Bordeaux N Borders N Bridges Y Brooks N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Byrd N Callaway N 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 N Davis, M N Davis, T N Day N Dean N DeLoach, B N DeLoach, G E 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 N Greene N Grindley N Hammontree N Hanner N Harbin E Harrell

N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland Y Holmes N Houston Y Howard N Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones N Joyce N Kaye N Lane N Lewis N Lord N Lucas N Maddox N Mann N Manning

Y Martin, J N Martin, J.L N Massey N McBee
N McCall N McClinton N McKinney N Millar N Mills Y Mobley N Morris N Mosley N Mueller N O'Neal Y Orrock N Parham N Parrish N Parsons N Pelote N Pinholster N Poag E Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reece

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

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

MONDAY, FEBRUARY 21, 2000

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

N Tillman N Tolbert N Trense
E Turnquest N Twiggs N Unterman

N Walker, L N Walker, R.L N Watson
N West N Westmoreland N Whitaker

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

On the adoption of the amendment, the ayes were 15, nays 158. The amendment was lost.

The following amendment was read and adopted:
Representatives Tillman of the 173rd, Martin of the 47th and Campbell of the 42nd move to amend the Committee substitute to HB 1284 (LC 22 3945S) by striking the word "July" where it appears on line 21 of page 1, line 8 of page 4, line 10 of page 4, and line 15 of page 4 and inserting in each such place the word "May".
By inserting immediately after the period on line 8 of page 4 the following:
"Code Section 17-10-38 as it existed prior to its amendment by Section 3 of this Act shall continue to apply with respect to crimes committed prior to May 1, 2000, except that".
By striking all matter on lines 11 through 13 of page 4 and inserting in place thereof the following:
"Court of the United States declares that electrocution violates the Constitution of the United States or if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia."

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 Y Anderson Y Ashe Y Bailey
Y Bannister Y Barnard
Y Bames Y Benefield Y Birdsong
Y Bohannon N Bordeaux Y Borders Y Bridges
N Brooks Y Brown Y Buck Y Buckner Y Bulloch

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

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson
Y Jenkins Y Jennings Y Jones
Y Joyce Y Kaye Y Lane Y Lewis
Y Lord Y Lucas Y Maddox Y Mann Y Manning

_, i-*
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

JOURNAL OF THE HOUSE

Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell N Ragas Y Randall N 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.H Y Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor N Teague N Teper

Y Tfflman Y Tolbert Y Trense E Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1284

Representative Mills

I support the highest penalty for the highest crimes and believe the Death Penalty is necessary. I support lethal injection only because it appears the Supreme Court may soon rule the electric chair is unconstitutional (based on the Judiciary Committee reports spoken on the floor). If we do not pass this and the Supreme Court rules the electric chair unconstitutional then there will be no death penalty in Georgia; therefore, lethal injection becomes a serious option.

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 331 Do Pass, by Substitute SR 478 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Parrish of the 144th District, Chairman of the Committee on Banks & Banking, submitted the following report:

MONDAY, FEBRUARY 21, 2000

1103

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1483 Do Pass
Respectfully submitted, Isl Parrish of the 144th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1354 Do Pass HB 1356 Do Pass, by Substitute
Respectfully submitted, Isl Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1031 Do Pass, by Substitute HB 1285 Do Pass HB 1457 Do Pass
Respectfully submitted, /si Cummings of the 27th
Chairman

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

Mr. Speaker:

1104

JOURNAL OF THE HOUSE

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

HR 847 Do Pass HR 925 Do Pass

HR 940 Do Pass HR 941 Do Pass

Respectfully submitted, Isl 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 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 1268 Do Pass HB 1363 Do Pass

HB 1430 Do Pass HB 1439 Do Pass, by Substitute

Respectfully submitted, Isl Royal of the 164th
Chairman

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

TUESDAY, FEBRUARY 22, 2000

1105

Representative Hall, Atlanta, Georgia Tuesday, February 22, 2000
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 Doug Harris, Pastor, Gilmer Street Baptist Church, Cartersville, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1561. By Representative Byrd of the 170th: A bill to amend Article 1 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to provide that the clerk of the superior court shall serve as clerk of the state court of the same county.
Referred to the Committee on Judiciary.

1106

JOURNAL OF THE HOUSE

HB 1562. By Representatives Unterman of the 84th, Hanner of the 159th and Rogers of the 20th: A bill to create the Lake Sidney Lanier Watershed Governance Council.
Referred to the Committee on Natural Resources & Environment.

HB 1563. By Representatives Buck of the 135th, Davis of the 132nd, Taylor of the 134th, Hugley of the 133rd and Smyre of the 136th:
A bill to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the superintendent of the board of education may make contracts; to change the maximum amount for which a purchase may be made without affording free competition.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1564. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act establishing the State Court of Spalding County, so as to change the provisions relating to the judge; to provide that the judge shall be full time; to provide for the election, compensation, powers, duties, authority, and vacancies of said judge.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1565. By Representative Channell of the lllth:
A bill to provide a homestead exemption from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1566. By Representative Cox of the 105th:
A bill to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of fingerprints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that all law enforcement agencies which receive or gather information from the permanent record books or pawn tickets of pawnbrokers in their respective jurisdiction and which are electronically connected to the criminal justice information system of the center shall transmit periodically to the Georgia Pawn Shop Investigation System of the center certain identifying information relating to a pledger or seller of pledged goods or property.
Referred to the Committee on Public Safety.

HB 1567. By Representative Channell of the lllth: A bill to provide a homestead exemption from Putnam County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 22, 2000

1107

HB 1568. By Representative Martin of the 145th:
A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide for the oath of office and for bonds for members of the board of commissioners; to change the provisions relating to the compensation of members of the board of commissioners; to provide for meetings of the board of commissioners and for a quorum; to change the powers and authority of the chairperson of the board of commissioners; to create the office of county administrator of Candler County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1569. By Representatives Barnes of the 97th, Dodson of the 94th, Benefield of the 96th, Bailey of the 93rd and Buckner of the 95th:
A bill to provide for a homestead exemption from certain Clayton County ad valorem taxes for county purposes in an amount equal to the amount by which the assessed value of that homestead for the current year exceeds the base year assessed value of that homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1570. By Representatives Clark of the 3rd, Snow of the 2nd and Joyce of the 1st: A bill to provide for homestead exemptions from certain City of Fort Oglethorpe ad valorem taxes for municipal purposes for certain residents of the City of Fort Oglethorpe.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1571. By Representatives Franklin of the 39th, Callaway of the 81st and Joyce of the 1st:
A bill to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioner's determination of the valuation of motor vehicles.
Referred to the Committee on Ways & Means.

HB 1572. By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th, 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 add an additional judge to the second division of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1573. By Representative Franklin of the 39th:
A bill to amend Code Section 17-6-12 of the Official Code of Georgia Annotated, relating to release of a person charged with a crime on the person's own recognizance only and the effect of the failure of the person charged to appear for trial, so as to provide that no person who has been released on his or her own recognizance in any criminal proceeding and who has failed to appear for trial, except for reasons beyond such person's control, because of failure to receive proper notice of the time and location of such trial, or for other justifiable reasons acceptable to the court, shall again be eligible

1108

JOURNAL OF THE HOUSE

for release on his or her own recognizance in that or any subsequent criminal proceeding.
Referred to the Committee on Special Judiciary.

HB 1574. By Representative Bordeaux of the 151st:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to revise and clarify provisions relating to compensation and expenses for certain senior judges, certain retired judges, and certain judges emeritus.
Referred to the Committee on Judiciary.

HR 1083. By Representatives Mills of the 21st, Hudgens of the 24th, Jackson of the 112th, Walker of the 87th, Westmoreland of the 104th and others: A resolution designating the Bible as the "Book of the Millennium" in Georgia.
Referred to the Committee on Rules.

HR 1084. By Representative Sims of the 167th: A resolution authorizing the conveyance of certain state owned real property located in Coffee County.
Referred to the Committee on State Institutions & Property.

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

HB 1554 HB 1555 HB 1556 HB 1557 HB 1558

HB 1559 HB 1560 HR 1081 SB 392 SB 440

Pursuant to Rule 52, Representative Rogers of the 20th moved that the following Bill of the House be engrossed:

HB 1556. By Representative Rogers of the 20th:
A bill to amend Code Section 40-5-35 of the Official Code of Georgia Annotated, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, so as to change certain provisions relating to regulations of the Board of Public Safety governing disqualifications for certain disorders and disabilities.

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 N Bohannon

Y Bordeaux Y Borders N Bridges Y Brooks N Brown

Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter

N Byrd N Callaway
Campbell N Cash Y Channel!

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

TUESDAY, FEBRUARY 22, 2000

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

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

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

1109
N Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Y Tillman Y Tolbert Y Trense Turnquest Y Twiggs N Unterman Walker, L N Walker, R.L Y Watson E West N Westmoreland N Whitaker N Wiles Williams, J Y Williams, R Y Wix N Yates Murphy, Spkr

On the motion, the ayes were 86, nays 60. The motion was lost.

Representative Rogers of the 20th moved that the House reconsider its action in failing to engross HB 1556.

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 N Bohannon
Bordeaux Y Borders N Bridges Y Brooks N Brown Y Buck
Buckner Y Bulloch N Bunn Y Burkhalter
N Byrd
N Callaway Campbell
N Cash Y Channell

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

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

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

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

1110
Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid N Scott Y Shanahan Y Shaw Y Shipp

JOURNAL OF THE HOUSE

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

N Smith, V Smyre
N Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P Stanley-Turner N Stephens Y Stokes

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

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

On the motion, the ayes were 86, nays 56. The motion prevailed.

On the motion to engross HB 1556, 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 N Bohannon
Bordeaux Y Borders N Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Byrd N Callaway
Campbell Y Cash Y Channell Y Childers N Clark N Coan N Coleman, B
Coleman, T Y Connell
Cooper N Cox
Crawford Y Cummings N Davis, M

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

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

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

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

On the motion, the ayes were 83, nays 60. The motion was lost.

TUESDAY, FEBRUARY 22, 2000

1111

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

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 330 Do Pass, as Amended
Respectfully submitted, lei Reaves of the 178th
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following peport:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1463 Do Pass HB 1465 Do Pass HR 1032 Do Pass
Respectfully submitted, Is/ Lane of the 146th
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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1500 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

1112

JOURNAL OF THE HOUSE

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 307 Do Pass, by Substitute SB 338 Do Pass SB 383 Do Pass
Respectfully submitted, /s/ Jenkins of the 110th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1542 Do Pass
Respectfully submitted, Is/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 22, 2000

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enumerated below:

HB 304 HB 708 HB 814 HB 1079 HB 1321 HB 1349 HB 1391 HB 1409 HB 1447

Magistrate courts; criminal trespass; amend provisions Summons; waiver of service; amend provisions Acupuncture Act of Georgia; enact Public works construction contracts; amend provisions Local governments; uniform chart of accounts; certain waiver Income tax overpayments; interest on refunds Workers' comp; redefine employee; cert State Defense Force members Wildlife control permits; issuance by DNR Pharmacists; drug therapy modification; authorization

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

TUESDAY, FEBRUARY 22, 2000

1113

Respectfully submitted, lei Smyre of the 136th
Chairman

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 1542. By Representatives Buck of the 135th, Taylor of the 134th, Davis of the 132nd, Hugley of the 133rd, Smith of the 102nd 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 penalties for violations of ordinances.

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

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

Y Alien Y Anderson Y Ashe Y Bailey
Bannister Y Barnard
Barnes Y Benefield
Birdsong Bohannon Y Bordeaux Y Borders Bridges Y Brooks Y Brown Y Buck Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Callaway Campbell Y Cash Y Channel! Y Guilders Y Clark Y Coan Y Coleman, B Coleman, T Y Connell 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
Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd
Franklin Y Golick Y Graves Y Greene
Grindley Y Haramontree Y Banner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrpm Y Hembree
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
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller Y CCNeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Ray Reaves Y Reece Y Reed Y Reese Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw 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 Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague YTeper Tillman Y Tolbert Trense Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E 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 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1114

JOURNAL OF THE HOUSE

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
HB 1407. By Representatives Wiles of the 34th, Sauder of the 29th, Ehrhart of the 36th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general; to change the provisions relating to the compensation of assistant solicitors.
HB 1420. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
HB 1410. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to amend an Act providing for the Magistrate Court of Laurens County, so as to change the provisions relating to the term of a magistrate.
HB 796. By Representatives Teper of the 61st, Maddox of the 72nd, Harrell of the 62nd and others:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, so as to authorize the Board of Commissioners of DeKalb County to adopt an ordinance allowing the deduction from the county employees' salaries or wages amounts designated for charitable organizations or contributions or dues to entities providing services and benefits to employees.
SB 336. By Senators Williams of the 6th, Johnson of the 1st, Land of the 16th and others:
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 the Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the four-year level.
SB 352. By Senators Fort of the 39th, Thomas of the 10th and Tate of the 38th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to the transfer of tax executions, so as to provide for the transfer of such executions upon verification by the local tax official that the proposed transferee is current on all ad valorem tax obligations within the tax official's jurisdiction to collect; to provide for exceptions; to provide

TUESDAY, FEBRUARY 22, 2000

1115

for the investigation and resolution of certain disputed tax obligations; to provide for an effective date.

SB 400. By Senators Starr of the 44th, Streat of the 19th and Lee of the 29th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to redefine the term "enterprise"; to thereby change provisions relating to the scope of operations of the authority; to change provisions relating to the period of time during which the authority may issue certain bonds and notes; to provide for related matters.

SB 435. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions relating to authority composition and appointment, terms and qualifications of members, filling of vacancies, election of officers, and quorum; to provide an effective date.

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 Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 1264. By Representative Bordeaux of the 151st:
A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to provide for penalties.

The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 1262. By Representatives Martin of the 47th and Alien of the 117th:
A bill to amend of 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.

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

SR 483. By Senators James of the 35th, Butler of the 55th, Brown of the 26th and others:
A resolution designating the James Wendell George Parkway.

SR 484. By Senators James of the 35th, Tate of the 38th, Stokes of the 43rd and others:
A resolution designating the James E. "Billy" McKinney Highway.

SR 490. By Senators Starr of the 44th, Walker of the 22nd and Golden of the 8th:
A resolution creating the Blue Ribbon Commission on State Government Decentralization; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters.

HR 792. By Representatives Stancil of the 16th, Pinholster of the 15th and Scheid of the 17th:
A resolution designating the John F. Lawler Memorial Bridge.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 336. By Senators Williams of the 6th, Johnson of the 1st, Land of the 16th and others: 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 the Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the four-year level.
Referred to the Committee on Education.
SB 352. By Senators Fort of the 39th, Thomas of the 10th and Tate of the 38th: A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to the transfer of tax executions, so as to provide for the transfer of such executions upon verification by the local tax official that the proposed transferee is current on all ad valorem tax obligations within the tax official's jurisdiction to collect; to provide for exceptions; to provide for the investigation and resolution of certain disputed tax obligations; to provide for an effective date.
Referred to the Committee on Ways & Means.
SB 400. By Senators Starr of the 44th, Streat of the 19th and Lee of the 29th: A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to redefine the term "enterprise"; to thereby change provisions relating to the

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scope of operations of the authority; to change provisions relating to the period of time during which the authority may issue certain bonds and notes; to provide for related matters.
Referred to the Committee on State Planning & Community Affairs.

SB 435. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Ports Authority, so as to change certain provisions relating to authority composition and appointment, terms and qualifications of members, filling of vacancies, election of officers, and quorum; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 483. By Senators James of the 35th, Butler of the 55th, Brown of the 26th and others: A resolution designating the James Wendell George Parkway.
Referred to the Committee on Transportation.

SR 484. By Senators James of the 35th, Tate of the 38th, Stokes of the 43rd and others: A resolution designating the James E. "Billy" McKinney Highway.
Referred to the Committee on Transportation.

SR 490. By Senators Starr of the 44th, Walker of the 22nd and Golden of the 8th: A resolution creating the Blue Ribbon Commission on State Government Decentralization; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters.
Referred to the Committee on State Planning & Community Affairs.

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 925. By Representatives Lucas of the 124th, Reichert of the 126th, Randall of the 127th, Graves of the 125th, Birdsong of the 123rd and others: A resolution welcoming citizens and public officials from Macon and Bibb County, observing March 1, 2000, as Macon Day, and inviting certain officials and dignitaries from the Macon/Bibb County area to appear before the House of Representatives.
HR 940. By Representative Orrock of the 56th: A resolution commending Firefighter Matt Moseley and the Atlanta Fire Department and inviting him to appear before the House of Representatives.

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HR 941. By Representative Tolbert of the 25th:
A resolution commending Ms. Carol Spruill and inviting her to appear before the House of Representatives.

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

The following Committee substitute was read and adopted: A BILL

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to define certain terms; to provide that all public works construction contracts entered into by a governmental entity shall be in writing and available for public inspection; to provide for the letting of public works construction contracts by competitive bid or competitive proposal; to provide for notice; to provide for addenda; to provide for prequalification of prospective bidders; to provide for bonding requirements; to provide for bid bonds; to provide for the withdrawal of bids; to provide for performance bonds; to provide for payment bonds; to provide for penalties; to repeal portions of Chapter 10 of the Official Code of Georgia Annotated, relating to public works contracts; to repeal Article 4 of Chapter 82 of the Official Code of Georgia Annotated, relating to bonds for public contractors; to repeal Chapter 84 of the Official Code of Georgia Annotated, relating to competition for public works; to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other securities; to change certain cross-references throughout Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting at the end thereof a new chapter to read as follows:

36-91-1.

"CHAPTER 91 ARTICLE 1

As used in this chapter, the term:

(1) 'Bid bond' means a bond with good and sufficient surety or sureties for the faithful acceptance of the contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded.

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(2) 'Change order' means an alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion.
(3) 'Competitive sealed bidding" means a method of soliciting public works construction contracts whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of subsection (b) of Code Section 36-91-21.
(4) 'Competitive sealed proposals' means a method of soliciting public works contracts whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions of subsection (c) of Code Section 36-91-21.
(5) 'Emergency" means any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service.
(6) 'Governing authority' means the official or group of officials responsible for governance of a governmental entity.
(7) 'Governmental entity' means a county, municipal corporation, consolidated government, authority, board of education, or other public board, body, or commission but shall not include any authority, board, department, or commission of the state.
(8) 'Payment bond' means a bond with good and sufficient surety or sureties payable to the governmental entity for which the work is to be done and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract.
(9) 'Performance bond' means a bond with good and sufficient surety or sureties for the faithful performance of the contract and to indemnify the governmental entity for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be payable to, in favor of, and for the protection of the governmental entity for which the work is to be done.
(10) 'Public works construction" means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property.
(11) 'Responsible bidder" or 'responsible offerer' means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements.
(12) 'Responsive bidder' or 'responsive offerer' means a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.
(13) 'Scope of project' means the work required by the original contract documents and any subsequent change orders required or appropriate to accomplish the intent of the project as described in the bid documents.
(14) 'Scope of work' means the work that is required by the contract documents.
(15) 'Sole source' means those procurements made pursuant to a written determination by a governing authority that there is only one source for the required supply, service, or construction item.

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ARTICLE 2
36-91-20.
(a) All public works construction contracts subject to this chapter entered into by a governmental entity with private persons or entities shall be in writing and on file and available for public inspection at a place designated by such governmental entity. Municipalities and consolidated governments shall execute and enter into contracts in the manner provided in applicable local legislation or by ordinance. Counties shall remain subject to the requirements of Code Section 36-10-1.
(b) Prior to entering into a public works construction contract other than those exempted by Code Section 36-91-22, a governmental entity shall publicly advertise the contract opportunity. Such notice shall be posted conspicuously in the governing authority's office and shall be advertised in the legal organ of the county or by electronic means on an Internet website of the governmental entity or an Internet website identified by the governmental entity. Contract opportunities shall be advertised a minimum of two times, with the first advertisement occurring at least four weeks prior to the opening of the sealed bids or proposals. The second advertisement shall follow no earlier than two weeks from the first advertisement. Plans and specifications shall be available on the first day of the advertisement and shall be open to inspection by the public. The advertisement shall include such details and specifications as will enable the public to know the extent and character of the work to be done. All required notices of advertisement shall also advise of any mandatory prequalification requirements or pre-bid conferences as well as any federal requirements pursuant to subsection (d) of Code Section 36-91-22.
(c) Governmental entities are authorized to utilize any construction delivery method, provided that all public works construction contracts subject to the requirements of this chapter that place the bidder or offerer at risk for construction and require labor and building materials in the execution of the contract shall be awarded on the basis of competitive sealed bidding or competitive sealed proposals. Governmental entities shall have the authority to reject any and all bids or proposals.
(d) No governmental entity shall issue or cause to be issued any addenda modifying plans and specifications within a period of 72 hours prior to the advertised time for the opening bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the necessity arises to issue an addendum modifying plans and specifications within the 72 hour period prior to the advertised time for the opening of bids or proposals, excluding Saturdays, Sundays, and legal holidays, then the opening of bids or proposals shall be extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date of the original bid or proposal opening without need to readvertise as required by subsection (b) of this Code section.
(e) Bid and contract documents may contain provisions authorizing the issuance of change orders within the scope of the project when appropriate or necessary in the performance of the contract.
(f) Any governmental entity may, in its discretion, adopt a process for mandatory prequalification of prospective bidders or offerers; provided, however, that:
(1) Criteria for prequalification must be reasonably related to the project or the quality of work;
(2) Criteria for prequalification must be available to any prospective bidder or offeror requesting such information;

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(3) Any prequalification process must include a method of notifying prospective bidders or offerers of the criteria for prequalification; and
(4) Any prequalification process must include a procedure for a disqualified bidder to respond to his or her disqualification to a representative of the governmental entity.
36-91-21.
(a) It shall be unlawful to let out any public works construction contracts subject to the requirements of this chapter without complying with the competitive award requirements contained in this Code section. Any contractor who performs any work of the kind in any other manner and who knows that the public works construction contract was let out without complying with the notice and competitive award requirements of this chapter shall not be entitled to receive any payment for such work.
(b) Any competitive sealed bidding process shall comply with the following requirements:
(1) The governmental entity shall publicly advertise an invitation for bids;
(2) Bidders shall submit sealed bids based on the criteria set forth in such invitation;
(3) The governmental entity shall open the bids publicly and evaluate such bids without discussions with the bidders; and
(4) The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the public works construction contract, the governmental entity may negotiate with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements.
(c)(l) In making any competitive sealed proposal, a governmental entity shall:
(A) Publicly advertise a request for proposals, which request shall include schematic design documents in the request for proposals describing the requested services in a level of detail appropriate to the project delivery method selected for the project, as well as the relative importance of price and other evaluation factors;
(B) Open all proposals received at the time and place designated in the request for proposals so as to avoid disclosure of contents to competing offerers during the process of negotiations; and
(C) Make an award to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the governmental entity, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors shall be the basis on which the award decision is made. The contract file shall indicate the basis on which the award is made.
(2) As set forth in the request for proposals, offerers submitting proposals may be afforded an opportunity for discussion, negotiation, and revision of proposals. Discussions, negotiations, and revisions may be permitted after submission of proposals and prior to award for the purpose of obtaining best and final offers. All responsible offerers found by the governmental entity to have submitted proposals reasonably

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susceptible of being selected for award shall be given an opportunity to participate in such discussions, negotiations, and revisions. During the process of discussion, negotiation, and revision, the governmental entity shall not disclose the contents of proposals to competing offerers.
(d) Whenever a public works construction contract for any governmental entity subject to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding or proposals by any means whatever. No person who desires to procure such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal therefor by any means whatever, nor shall such person so desiring the work cause or induce another to withdraw a bid or proposal for the work.
(e) Before commencing the work, any person who procures such public work by bidding or proposal shall make an oath in writing that he or she has not directly or indirectly violated subsection (d) of this Code section. The oath shall be filed by the officer whose duty it is to make the payment. If the contractor is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall also make the oath. If the contractor is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath. If such oath is false, the contract shall be void, and all sums paid by the governmental entity on the contract may be recovered by appropriate action.
(f) If any member of a governmental entity lets out any public works construction contract subject to the requirements of this article and receives, takes, or contracts to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he or she shall be guilty of a misdemeanor.
(g) No public works construction contract with a governing authority shall be valid for any purpose unless the contractor shall comply with all bonding requirements of this chapter. No such contract shall be valid if any governmental entity lets out any public works construction contract subject to the requirements of this chapter without complying with the requirements of this chapter.
36-91-22.
(a) The requirements of this chapter shall not apply to public works construction projects, when the same can be performed at a cost of less than $100,000.00. Public works construction projects shall not be subdivided in an effort to evade the provisions of this chapter.
(b) Any governmental entity having a correctional institution shall have the power and authority to purchase material for and use inmate labor in performing public works construction projects; and in such cases, this chapter shall not apply. Any governmental entity may contract with a governmental entity having a correctional institution for the use of inmate labor from such institution and use the inmates in the performance of any public works construction project; and in such cases, this chapter shall not apply.
(c) In the event that the labor used or to be used in a public works construction project is furnished at no expense by the state or federal government or any agency thereof, the governing authority shall have the power and authority to purchase material for such public works construction project and use the labor furnished free to the governmental entity; and in such case, this chapter shall not apply.

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(d) Where a public works construction contract involves the expenditure of federal assistance or funds, the receipt of which is conditioned upon compliance with federal laws or regulations regarding the procedures for awarding public works construction contracts, a governmental entity shall comply with such federal requirements and shall not be required to comply with the provisions of this chapter that differ from the federal requirements. The governmental entity shall provide notice that federal procedures exist for the award of such contracts in the advertisement required by subsection (b) of Code Section 36-91-20. The availability and location of such federal requirements shall be provided to any person requesting such information.
(e) The requirements of this chapter shall not apply to public works construction projects necessitated by an emergency; provided, however, that the nature of the emergency shall be described in the minutes of the governing authority. Any contract let by a county pursuant to this subsection shall be ratified, as soon as practicable, on the minutes of the governing authority, and the nature of the emergency shall be described therein.
(f) The requirements of this chapter shall not apply to public works construction projects subject to the requirements of Chapter 4 of Title 32.
(g) The requirements of this chapter shall not apply to public works construction projects or any portion of a public works construction project self-performed by a governmental entity. If the governmental entity contracts with a private person or entity for a portion of such project, the provisions of this chapter shall apply to any such contract estimated to exceed $100,000.00.
(h) The requirements of this chapter shall not apply to sole source public works construction contracts.
ARTICLE 3
36-91-40.
(a)(l) Any bid bond, performance bond, payment bond, or security deposit required for a public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein. At the option of the governmental entity, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury's list of approved bond sureties.
(2) Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by an officer of the governmental entity negotiating the contract on behalf of the governmental entity. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of payment bonds and performance bonds, such approval shall be obtained prior to the execution of the contract.
(b) Whenever, in the judgment of the obligee:
(1) Any surety on a bid, performance, or payment bond has become insolvent;
(2) Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or

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(3) For any cause there are no longer proper or sufficient sureties on any or all of the bonds,
the obligee may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the obligee, all work on the contract shall cease unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the obligee may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.
36-91-41.
(a) Bid bonds shall be required for all public works construction contracts subject to the requirements of this article with estimated bids or proposals over $100,000.00; provided, however, that a governmental entity may require a bid bond for projects with estimated bids or proposals of $100,000.00 or less.
(b) In the case of competitive sealed bids, except as provided in Code Sections 36-9143 and 36-91-44, a bid may not be revoked or withdrawn until 60 days after the time set by the governmental entity for opening of bids. Upon expiration of this time period, the bid will cease to be valid, unless the bidder provides written notice to the governmental entity prior to the scheduled expiration date that the bid will be extended for a time period specified by the governmental entity.
(c) In the case of competitive sealed proposals, the governmental entity shall advise offerers in the request for proposals of the number of days that offerers will be required to honor their proposals; provided, however, that if an offerer is not selected within 60 days of opening the proposals, any offerer that is determined by the governmental entity to be unlikely of being selected for contract award shall be released from his or her proposal.
(d) If a governmental entity requires a bid bond for any public works construction contract, no bid or proposal for a contract with the governmental entity shall be valid for any purpose unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid or proposal shall be read aloud or considered if a proper bid bond or other security authorized in Code Section 36-91-42 has not been submitted. The provisions of this subsection shall not apply to any bid or proposal for a contract that is required by law to be accompanied by a proposal guaranty and shall not apply to any bid or proposal for a contract with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
36-91-42.
(a) In lieu of the bid bond provided for in Code Section 36-91-41, the governmental entity may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the governmental entity for which the contract is to be awarded.
(b) When the amount of any bid bond required under this article does not exceed $300,000.00, the governmental entity may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under Code Section 36-91-41.

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36-91-43.
(a) Any governmental entity receiving bids subject to this article shall permit a bidder to withdraw a bid from consideration after the bid opening without forfeiture of the bid security if the bidder has made an appreciable error in the calculation of his or her bid and if:
(1) Such error in the calculation of his or her bid can be documented by clear and convincing written evidence;
(2) Such error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn;
(3) The bidder serves written notice upon the governmental entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays, Sundays, and legal holidays;
(4) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and
(5) The withdrawal of the bid will not result in undue prejudice to the governmental entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted.
(b) In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (a) of this Code section, action on the remaining bids should be considered as though the withdrawn bid had not been received. In the event the project is relet for bids, under no circumstances shall a bidder who has filed a request to withdraw a bid be permitted to resubmit a bid for the work.
(c) No bidder who is permitted to withdraw a bid pursuant to subsection (a) of this Code section shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
36-91-44.
(a) As used in this Code section, the term 'corporation' means with respect to any corporation, any other corporation related thereto:
(1) As a parent corporation;
(2) As a subsidiary corporation;
(3) As a sister corporation;
(4) By common ownership or control; or
(5) By control of one corporation by the other.
(b) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is

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for a higher amount and the contract is awarded at such higher amount to other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this article of each affiliated corporation rescinding or revoking its bid shall be forfeited.
36-91-45.
The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, that no action may be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.
ARTICLE 4
36-91-50.
Performance bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a performance bond for a public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a performance bond shall be valid for any purpose unless the contractor shall give such performance bond. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract and shall be increased as the total amount payable due to the contract is increased.
36-91-51.
When the amount of the performance bond required under this article does not exceed $300,000.00 the governmental entity may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under this article.
36-91-52.
The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.
ARTICLE 5
36-91-70.
Payment bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a payment bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a payment bond shall be valid for any purpose, unless the contractor shall give such payment bond; provided, however, that, in lieu of such payment bond, the governmental entity, in its discretion, may accept a cashier's check, certified check, or cash in an amount not less than the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract.

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36-91-71.
If a payment bond or security deposit, together with an affidavit, when necessary, is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond.
36-91-72.
(a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physically commences work on the project and supply a copy of the notice of commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to supply a copy of the notice of commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section 36-91-73 inapplicable to the subcontractor, materialman, or person making the request. The notice of commencement shall include:
(1) The name, address, and telephone number of the contractor;
(2) The name and location of the public work being constructed or a general description of the improvement;
(3) The name and address of the governmental entity that is contracting for the public works construction;
(4) The name and address of the surety for the performance and payment bonds, if any; and
(5) The name and address of the holder of the security deposit provided, if any.
(b) The failure to file a notice of commencement shall render the notice to contractor requirements of paragraph (1) of subsection (a) of Code Section 36-91-73 inapplicable.
(c) The clerk of the superior court shall file the notice of commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section 44-14361.3. Each such notice of commencement shall be indexed under the name of the governmental entity and the name of the contractor as contained in the notice of commencement.
36-91-73.
(a) Every person entitled to the protection of the payment bond or security deposit required to be given who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed by such person or the material or equipment or machinery was furnished or supplied by such person for which such claim is made, or when he or she has completed his or her subcontract for which claim is made, shall have the right to bring an

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action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person; provided, however, that:
(1) Any person having direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has not complied with the notice of commencement requirements shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done. The notice to the contractor may be served by registered or certified mail, postage prepaid, duly addressed to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process; and
(2) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 36-91-72 shall have the right of action on the payment bond or security deposit, provided that such person shall, within 30 days from the filing of the notice of commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, give to the contractor a written notice setting forth:
(A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment;
(B) The name and address of each person at whose instance the labor, material, machinery, or equipment is being furnished;
(C) The name and the location of the public works construction site; and
(D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any.
(b) Nothing contained in this Code section shall limit the right of action of a person entitled to the protection of the payment bond or security deposit required to be given pursuant to this article to the 90 day period following the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made.
(c) Every action instituted under this Code section shall be brought in the name of the claimant without making the governmental entity for which the work was done or was to be done a party to such action.

TUESDAY, FEBRUARY 22, 2000

1129

36-91-74.
The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond or security deposit. With his or her application, such person shall also submit an affidavit that he or she has supplied labor or materials for such work and that payment therefor has not been made or that he or she is being sued on any such bond or security deposit. Such copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies.
36-91-75.
No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the governmental entity for which the work was done or was to be done being made a party thereto."
SECTION 2.
Said title is further amended by striking Code Sections 36-10-2, relating to the letting of contracts for public works; 36-10-3, relating to the posting and publication of notice and specifications; 36-10-4, relating to bonds of contractors and related matters; and 36-10-5, relating to illegal letting of certain contracts and related matters, and inserting in lieu thereof, respectively, the following:
"36-10-2.

Reserved. 36-10-3.

Reserved. 36-10-4.

Reserved. 36-10-5.

Reserved."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 36-39-8, relating to a resolution letting contract for improvements following time for protests or filing of petition, and inserting in lieu thereof the following:

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After the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest is filed, or on receipt of a petition for an improvement signed by the owners of a majority of the frontage of the land to be assessed, if the petition is found to be in proper form and properly executed, the governing body shall adopt a resolution reciting that no protest has been filed or that a petition was filed, as the case may be, and expressing the determination of the governing body to proceed with the improvement. The resolution shall state the kind of improvement, define the extent and character of the same, and specify such other matters as may be necessary to instruct the engineer employed by the municipal corporation in the performance of his or her duties in preparing for such improvement the necessary plans, plats, profiles, specifications, and estimates. The resolution shall set forth any and all such reasonable terms and conditions as the governing body deems proper to impose with reference to the letting of the contract and the provisions thereof. The governing body, by such resolution, shall provide that the contractor shall execute to the municipal corporation a good and sufficient bond, as provided in Code Scetiono 36 83 101 though 36-82-106 Section 36-91-22, and may also require a bond in an amount to be stated in the resolution for the maintenance of the good condition of the improvements for a period of not less than five years from the time of completion, in the discretion of the governing body. The resolution shall also direct the clerk of the municipal corporation to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements."
SECTION 4.
Said title is further amended by striking in its entirety Article 4 of Chapter 82, relating to bonds for public contractors, and inserting in lieu thereof the following:
"ARTICLE 4 RESERVED"
SECTION 5.
Said title is further amended by striking in its entirety Chapter 84, relating to competition for public work bids, and inserting in lieu thereof the following:
"CHAPTER 84 RESERVED"
SECTION 6.
Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other securities and bonds or other security required on contracts for public works and related matters, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"13-10-1.
. (a)(l) If the state, a county, a municipal corporation, or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state, county, municipal corporation, or any public board or body thereof for the doing of such public work shall be valid for any purpose, unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority for the faithful acceptance of the contract payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the

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1131

amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
(2) In lieu of the bid bond provided for in paragraph (1) of this subsection, the state; a county, a municipal corporation, or any public board or body thereof may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded.
(3)(A) Any public entity receiving bids subject to this subsection shall permit a bidder to withdraw its bid from consideration after the bid opening without forfeiture of its bid security if:
(i) The bidder has made an appreciable error in the calculation of his or her bid that can be documented by clear and convincing written evidence;
(ii) Such errors can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn;
(iii) The bidder serves written notice upon the public entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays and Sundays and legal holidays;
(iv) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and
(v) The withdrawal of the bid will not result in undue prejudice to the public entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted.
(B) In the event that the apparent successful bidder has withdrawn its bid, action on the remaining bids should be considered as though the withdrawn bid had not been received.
(C) In the event the project is relet for bids, under no circumstances shall the bidder who has filed a request to withdraw be permitted to rebid the work.
(D) No bidder who is permitted to withdraw a bid shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
(b) No contract with this state, a county, a municipal corporation, or any public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:

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(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract? Thia bond shall not be required when a bond i3 required under Code Section 86 104;
(2)(A) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract.
(B) In lieu of the payment bond provided for in subparagraph (A) of this paragraph, the state, a county, a municipal corporation, or any public board or body thereof may accept a cashier's check, certified check, or cash in the amount of at least the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract.
(c) This Code section shall not apply where the total contract price does not exceed $40,000.00; provided, however, that the state? or any department or agency thereof^-a county, a municipal corporation, or any public board or body thereof, may in its discretion require performance and payment bonds or bid bonds or other security for any public works contract.
(d) Where the amount of any bond required under the other subsections of this Code section does not exceed $300,000.00, the state, a county, a municipal corporation, or any public board or body thereof may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as denned in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under the other subsections of this Code section.
(e)(l) As used in this subsection, the term 'affiliated corporation' means with respect to any corporation any other corporation related thereto: as a parent corporation; as a subsidiary corporation; as a sister corporation; by common ownership or control; or by control of one corporation by the other. For purposes of this subsection, a corporation shall include a person or a company.
(2) In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this Code section of each affiliated corporation rescinding or revoking its bid shall be forfeited.
(f) Any bid bond, performance bond, or payment bond required by this Code section shall be approved as to form and as to the solvency of the surety by the officer of the state, a county, a municipal corporation, or public board or body thereof who negotiates the contract on behalf of the public entity. Said approval shall be obtained prior to the bid's being accepted."

TUESDAY, FEBRUAEY 22, 2000

1133

SECTION 7.
Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract generally, is amended by striking in its entirety Code Section 32-2-72, relating to an oath by a successful bidder, and inserting in lieu thereof the following:
"32-2-72.

A successful bidder, before commencing the work, shall execute a written oath, as required by Code Section 36-84 1 36-91-40, stating that he or she has not violated such Code section which makes it unlawful to restrict competitive bidding."
SECTION 8.
Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, is amended by striking in its entirety paragraph (1) of Code Section 32-4-42, relating to the powers of a county with respect to its county road system, and inserting in lieu thereof the following:
"(1) A county shall have the authority to negotiate, let, and enter into contracts with any person or any agency, county, or municipality of the state for the construction, maintenance, administration, or operation of any public road or activities incident thereto in such manner and subject to such express limitations as may be provided by Part 2 of this article or any other provision of law. A county shall also have the authority to perform such road work with its own forces or with a combination of its own forces and the work of a contractor, notwithstanding any contrary provisions of Code Section 36-10 4 Chapter 91 of Title 36;".
SECTION 9.
Said chapter is further amended by striking in its entirety paragraph (3) of Code Section 32-4-63, relating to limitations on the power of a county to contract, and inserting in lieu thereof the following:
"(3) For the purchase of those materials, supplies, and equipment necessary for the county's construction and maintenance of its public roads and for the support and maintenance of the county's forces used in such work, as authorized by Code Section 36-JQ-4 Chapter 91 of Title 36;".
SECTION 10.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 32-4-65, relating to advertising for bids, and inserting in lieu thereof the following:
"(a) Notwithstanding any provision of Chapter W 91 of Title 36 and of any other provision of law to the contrary, on all contracts to be let by public bid a county shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week for two weeks in such newspaper wherein the county sheriff's sales are advertised or in such other newspapers or publications, or both, as will ensure adequate publicity, the first insertion to be two weeks prior to the opening of the sealed bids, the second to follow one week after the publication of the first insertion."

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SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 32-4-69, relating to the bonds of a successful bidder generally, and inserting in lieu thereof the following:
"32-4-69.

Notwithstanding any provision of Code Section 36-10-4 36-91-22 to the contrary, when the price of a contract let to bid is $5,000.00 or more, no contract of a county shall be valid unless the contractor first shall give:
(1) A bond in the amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time;
(2) The payment bond required by paragraph (3) subsection (g) of Code Section 3682 101 36-91-21;
(3) Such other bonds required by the county in its advertisement for bids, including but not limited to public liability and property damage insurance bonds."
SECTION 12.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 32-4-71, relating to the failure to take bonds and the liability of a county, and inserting in lieu thereof the following:
"(a) If the payment bond required by paragraph (2) of Code Section 32-4-69 is not taken, the county shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Code Section 36 83 102 36-91-22, for losses to them resulting from failure to take such bond."
SECTION 13.
Said chapter is further amended by striking in its entirety Code Section 32-4-73, relating to the oath taken by a successful bidder, and inserting in lieu thereof the following:
"32-4-73.

A successful bidder, before commencing the work, shall execute a written oath, as required by Code Section 36 84 1 36-91-40, stating that he or she has not violated such Code section, which makes it unlawful to restrict competitive bidding."
SECTION 14.
Said chapter is further amended by striking in its entirety Code Section 32-4-74, relating to the applicability of certain laws to the exercise of certain powers by counties, and inserting in lieu thereof the following:
"32-4-74.

Except as indicated to the contrary in this part, Chapter 40 91 of Title 36, Article 4 of Chapter 82 of Title 36, and Chapter 84 of Title 36 shall apply to this part; and the term 'public works,' as used in Chapter iO 91 of Title 36, Article 1 of Chapter 83 of Title 36, and Chapter 84 of Title 36 shall be construed to include public roads, as defined in Code Section 32-1-3."

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1135

SECTION 15.
Said chapter is further amended by striking in its entirety Code Section 32-4-120, relating to the failure to take bonds and the liability of a municipality, and inserting in lieu thereof the following:
"32-4-120.
If the payment bond required by Code Section 32-4-119 is not taken, the municipality then shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Code Section 36-83-102 36-91-22, for losses to them resulting from failure to take such bond."
SECTION 16.
Said chapter is further amended by striking in its entirety Code Section 32-4-123, relating to the applicability of certain laws to the exercise by municipalities of certain powers, and inserting in lieu thereof the following:
"32-4-123.
Except as indicated to the contrary in this part, Chapter K) 91 of Title 36, Article 4 of Chapter 82 of Title 36, and Chapter 84 of Title 36 shall apply to this part."
SECTION 17.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 18.
All laws and 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
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
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B

Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell

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

Y Jones Y Joyce Y Kaye 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

1136
Y Morris Y Mosley Y Mueller Y CTNeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas

JOURNAL OF THE HOUSE

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
Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Smith, P Smith, T Y Smith, V

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

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

On the passage of the Bill, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1447. By Representatives Martin of the 145th, Jones of the 71st, Williams of the 114th, Parham of the 122nd and Graves of the 125th: A bill to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists authorized to modify drug therapy; to provide for statutory construction; 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 definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions.
The following Committee substitute was read and adopted: A BILL
To amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists authorized to modify drug therapy; to provide for statutory construction; 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 definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions; to provide for statutory construction; 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 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, is amended by adding at the end a new Code section to read as follows:

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1137

"26-4-50.

(a) No pharmacist shall be authorized to modify drug therapy pursuant to Code Section 43-34-26.2 unless that pharmacist:

(1) Is licensed to practice as a pharmacist in this state;

(2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board;

(3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and

(4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection.

(b) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs."

SECTION 2.

Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding after paragraph (2) of Code Section 43-34-20 the following:

"(2.1) 'Physician' means a person licensed to practice medicine under this article."

SECTION 3.

Said article is further amended by adding after Code Section 43-34-26.1 a new Code section to read as follows:
"43-34-26.2.

(a) As used in this Code section, the term 'pharmacist' means a person who meets the requirements specified in Code Section 26-4-50.

(b) A physician may delegate to a pharmacist the authority to modify drug therapy as part of drug therapy management. The physician making such delegation shall adequately supervise the application of his or her order delegating the authority to modify drug therapy. Delegation of such authority shall only be made pursuant to the physician's diagnosis, written order, and drug therapy protocol. Such protocol shall:

(1) Identify the pharmacist who is authorized to modify drug therapy and the physician who is delegating the authority to modify drug therapy;

(2) Indicate the physician's diagnosis of condition or disease state of the patient whose drug therapy may be modified;

(3) Identify each patient for whom the physician has delegated the authority to modify drug therapy;

(4) Describe specific responsibilities and parameters for modification of drug therapy and patient monitoring authorized under the protocol;

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(5) Include a statement regarding the types and categories of medication as well as the maximum and minimum dosage levels within the types and categories of medication for which the pharmacist may modify drug therapy including:
(A) Additional procedures or plans which the pharmacist shall follow when the pharmacist modifies drug therapy; and
(B) The method of documentation and mechanism of communication of appropriate medical care information or pharmacy care information, or both; description and required frequency of reports which shall include:
(i) Any problems or complications encountered;
(ii) A listing of recommendations by pharmacist; and
(iii) A complete list of each instance in which drug therapy was modified and how such therapy was modified since the last report; and
(6) Stipulate that each such patient must be notified that the pharmacist is authorized to modify drug therapy pursuant to protocol between the pharmacist and the physician.
(c) A physician delegating the authority to modify drug therapy must be available through communications for consultation, assistance, and direction. A physician may only delegate the authority to modify drug therapy for a patient under the direct medical care and supervision of that physician.
(d) An order delegating the authority to modify drug therapy under this Code section shall not be valid for more than two years from the date such order was issued.
(e) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs.
(f) Nothing in this Code section shall be construed to prohibit a pharmacist from acting pursuant to a standing order or protocol approved by a hospital's medical staff for the treatment of patients in emergent situations or conditions."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

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

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

Alien Y 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

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

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

Y Dukes Y Ehrhart Y Epps 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 Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

TUESDAY, FEBRUARY 22, 2000

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

1139
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 E West Y Westmorland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Smith of the 12th, Bannister of the 77th and Shanahan of the 10th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The Speaker Pro Tern assumed the Chair.
HB 708. By Representative Bordeaux of the 151st: A bill to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons.
The following Committee substitute was read: A BILL
To amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons; to provide for a request of waiver of service and its content, form, and manner of dispatch; to provide for imposition of costs in certain circumstances and to set out what costs shall be included; to provide for additional time for a plaintiff who waives service to answer the complaint; to change cross-references to correlate with such amendment; to amend Code Section 9-6-63 of the Official Code of Georgia Annotated, relating to ser-

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vice of writ and process in actions seeking a writ of quo warranto, Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions upon oral examination, Code Section 9-11-40 of the Official Code of Georgia Annotated, relating to the time and place of civil trials, Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures relative to violations of certain laws relating to controlled substances, Code Section 44-9-41 of the Official Code of Georgia Annotated, relating to petitions seeking an easement of private way, and Code Section 48-4-146.3 of the Official Code of Georgia Annotated, relating to forfeiture of property and proceeds obtained through Medicaid fraud, so as to change cross-references to correlate with the amendment of Code Section 9-11-4; 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.
Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, is amended by striking in its entirety Code Section 9-11-4, relating to process, and inserting in its place the following:
"9-11-4.

(a) Summons -- Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service. Upon request of the plaintiff, separate or additional summons shall issue against any defendants.
(b) Summons -- Form. The summons shall be signed by the clerk; contain the name of the court and county and the names of the parties; be directed to the defendant; state the name and address of the plaintiffs attorney, if any, otherwise the plaintiff's address; and state the time within which this chapter requires the defendant to appear and file appropriate defensive pleadings with the clerk of the court, and shall notify the defendant that in case of feis the defendant's failure to do so judgment by default will be rendered against him or her for the relief demanded in the complaint.
(c) Summons -- By whom served. Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by Ma such sheriffs deputy, or by the marshal or sheriff of the court, or by h such official's deputy, or by any citizen of the United States specially appointed by the court for that purpose, or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.
(d) Waiver of service.
(1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.
(2) Upon receipt of notice of an action in the manner provided in this subsection, the following defendants have a duty to avoid unnecessary costs of serving the summons:

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(A) A corporation or association that:
(i) Is subject to service under paragraph (1) or (2) of subsection (e) of this Code section; and
(ii) Receives notice of such action by an agent other than the Secretary of State; and
(B) A natural person who:
(i) Is not a minor; and
(ii) Has not been judicially declared to be of unsound mind or incapable of conducting his or her own affairs.
(3) To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request shall:
(A) Be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent or other agent authorized by appointment to receive service of process for a defendant subject to service under paragraph (1) or (2) of subsection (e) of this Code section;
(B) Be dispatched through first-class mail or other reliable means;
(C) Be accompanied by a copy of the complaint and shall identify the court in which it has been filed;
(D) Make reference to this Code section and inform the defendant of the consequences of compliance and of failure to comply with the request;
(E) Set forth the date on which the request is sent;
(F) Allow the defendant a reasonable time to return the waiver, which shall be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the United States; and
(G) Provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.
(4) If a defendant located within the United States that is subject to service inside or outside the state under this Code section fails to comply with a request for a waiver made by a plaintiff located within the United States, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.
(5) A defendant that, before being served with process, returns a waiver so requested in a timely manner is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.

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(6) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (5) of this subsection, as if a summons and commppllaaiint had been served at the time of filing the waiver, and no proof of service shall be required.
(7) The costs to be imposed on a defendant under paragraph (4) of this subsection for failure to comply with a request to waive service of summons shall include the costs subsequently incurred in effecting service, together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.
Summons -- Personal service. Except for cases in which the defendant has waived service, the T-he summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows:
(1) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in such manner, the Secretary of State shall be an agent of such corporation 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, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The plaintiff or his the plaintiff's 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 corporation has failed either to maintain a registered office or to appoint a registered agent in this state. Further, if it shall appear from such certification that there is a last known address of a known officer of the corporation outside the state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail a copy of the summons and a copy of the complaint. Any such service by certification to the Secretary of State shall be answerable not more than 30 days from the date the Secretary of State receives such certification;
(2) If the action is against a foreign corporation or a nonresident individual, partnership, joint-stock company, or association, doing business and having a managing or other agent, cashier, or secretary within this state, to such agent, cashier, or secretary or to an agent designated for service of process;
(3) If against a minor, to the minor, personally, and also to his such minor's father or hia, mother or his, guardian, or his duly appointed guardian ad litem unless the minor is married, in which case service shall not be made on the minor's father e* his, mother, or his guardian;
(4) If against a person residing within this state who has been judicially declared to be of unsound mind or incapable of conducting his or her own affairs and for whom a guardian has been appointed, to the person and also to his such person's guardian and, if there is no guardian appointed, then to his or her duly appointed guardian ad litem;

TUESDAY, FEBRUARY 22, 2000

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(5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city or to an agent authorized by appointment to receive service of process. If against any other public body or organization subject to an action, to the chief executive officer or clerk thereof;
(6) If the principal sum involved is less than $200.00 and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of the abode and on the same day mailing by certified or registered mail an additional copy to the defendant at his or her last known address, if any, and making an entry of this action on the return of service; or
(7) In all other cases to the defendant personally, or by leaving copies thereof at bis the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.
(eXf) Summons -- Other service.
(l)SERViCE BY PUBLICATION PUBLICATION.
(A) General. When the person on whom service is to be made resides outside the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of the summons, and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, and it shall appear, either by affidavit or by a verified complaint on file, that a claim exists against the defendant in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, the judge or clerk may grant an order that the service be made by the publication of summons, provided that when the affidavit is based on the fact that the party on whom service is to be made resides outside the state, and the present address of the party is unknown, it shall be a sufficient showing of such fact if the affiant shall state generally in the affidavit that at a previous time such person resided outside this state in a certain place (naming the place and stating the latest date known to affiant when the party so resided there); that such place is the last place in which the party resided to the knowledge of affiant; that the party no longer resides at the place; that affiant does not know the present place of residence of the party or where the party can be found; and that affiant does not know and has never been informed and has no reason to believe that the party now resides in this state; and, in such case, it shall be presumed that the party still resides and remains outside the state, and the affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. This Code section shall apply to all manner of civil actions, including those for divorce.
(B) Property. In any action which relates to, or the subject of which is, real or personal property in this state in which any defendant, corporate or otherwise, has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part of excluding such defendant from any interest therein, where the defendant resides outside the state or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons. The service by publication shall be made in the same manner as provided in all cases of service by publication.

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(C) Publication. When the court orders service by publication, the clerk shall cause the publication to be made in the paper in which sheriff's advertisements are printed, four times within the ensuing 60 days, publications to be at least seven days apart. The party obtaining the order shall, at the time of filing, deposit the cost of publication. The published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him or her to file with the clerk and serve upon the plaintiffs attorney an answer within 60 days of the date of the order for service by publication and shall bear teste in the name of the judge and shall be signed by the clerk of the court. Where the residence or abiding place of the absent or nonresident party is known, the party obtaining the order shall advise the clerk thereof; and it shall be the duty of the clerk, within 15 days after filing of the order for service by publication, to enclose, direct, stamp, and mail a copy of the notice, together with a copy of the order for service by publication and complaint, if any, to the party named in the order at his or her last known address, if any, and make an entry of this action on the complaint or other pleadings filed in the case. The copy of the notice to be mailed to the nonresident shall be a duplicate of the one published in the newspaper but need not necessarily be a copy of the newspaper itself. When service by publication is ordered, personal service of a copy of the summons, complaint, and order of publication outside the state in lieu of publication shall be equivalent to serving notice by publication and to mailing when proved to the satisfaction of the judge or otherwise. The defendant shall have 30 days from the date of such personal service outside the state in which to file defensive pleadings.
(2)PERSONAL SERVICE OUTSIDE THE STATE. Personal service outside the state upon a natural person may be made: (A) in any action where the person served is a resident of this state, and (B) in any action affecting specific real property or status, or in any other proceeding in rem without regard to the residence of the person served. When such facts shall appear, by affidavit, to the satisfaction of the court and it shall appear, either by affidavit or by a verified complaint on file, that a claim is asserted against the person in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, the court may grant an order that the service be made by personal service outside the state. Such service shall be made by delivering a copy of the process together with a copy of the complaint in person to the persons served.
Territorial limits of effective seruice.All process may be served anywhere within the territorial limits of the state and, when a statute so provides, beyond the territorial limits of the state.
(gXh) Return. The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process. Proof of service shall be as follows:
(1) If served by a sheriff or marshal, or his such official's deputy, the affidavit or certificate of the sheriff, marshal, or deputy;
(2) If by any other proper person, his such person's affidavit thereof;
(3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or
(4) The written admission or acknowledgment of service by the defendant.

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1145

In the case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service.
Xi) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
(i)(j) Alternative service. The methods of service provided in this Code section are cumulative and may be utilized with, after, or independently of other methods of service. Whenever a statute provides for another method of service, service may be made under the circumstances and in the manner prescribed by the statute or under any other methods prescribed in this Code section. The provisions for service by publication provided in this Code section shall apply in any action or proceeding in which service by publication may be authorized by law; and, where by law special provision is made for service by publication, the procedure for such service by publication provided in this Code section may be utilized in lieu thereof. In all cases or special proceedings where the requirements or procedure for service, or both, are not prescribed by law and in any situation where the provisions therefor are not clear or certain, the court may prescribe service according to the exigencies of each case, consistent with the Constitution.
fjXk) Service in probate courts and special statutory proceedings. The methods of service provided in this Code section may be used as alternative methods of service in proceedings in the probate courts and in any other special statutory proceedings and may be used with, after, or independently of the method of service specifically provided for in any such proceeding; and, in any such proceeding, service shall be sufficient when made in accordance with the statutes relating particularly to the proceeding or in accordance with this Code section."
SECTION 2.
Code Section 9-6-63 of the Official Code of Georgia Annotated, relating to service of writ and process in actions seeking a writ of quo warranto, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) Service of the writ and process in such proceeding upon a resident of this state who is temporarily residing or sojourning outside this state may be perfected in the same manner as is provided for service of process by publication as set forth in paragraph (1) of subsection (e) (f) of Code Section 9-11-4 or personal service outside the state as set forth in paragraph (2) of subsection (e) (f) of Code Section 9-11-4. When service is perfected upon any such person as provided for in the aforesaid Code section, then the person shall be bound by the final decision of the proceedings as fully as though the person had been personally served within this state."
SECTION 3.
Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions upon oral examination, is amended by striking it its entirety subsection (a) and inserting in lieu thereof the following:
"(a) When depositions may be taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under subsection (e)

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(f) of Code Section 9-11-4, except that leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery or if special notice is given as provided in paragraph (2) of subsection (b) of this Code section. The attendance of witnesses may be compelled by subpoena as provided in Code Section 9-11-45. The deposition of a person confined in a penal institution may be taken only by leave of court on such terms as the court prescribes."
SECTION 4.
Code Section 9-11-40 of the Official Code of Georgia Annotated, relating to the time and place of civil trials, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (c)(l)(C) (f)(lXC) of Code Section 9-11-4, and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice."
SECTION 5.
Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures relative to violations of certain laws relating to controlled substances, is amended by striking in its entirety subparagraph (o)(2)(A) and inserting in lieu thereof the following:
"(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and W (e) of Code Section 9-11-4."
SECTION 6.
Code Section 44-9-41 of the Official Code of Georgia Annotated, relating to petitions seeking an easement of private way, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof the following:
"(4) In the event any of the owners are minors or persons non compos mentis, the petition shall so state, in which case the petition shall be served on each minor defendant and each non compos mentis defendant in the same manner as provided by paragraph (3) of subsection (tD (e) of Code Section 9-11-4; and"
SECTION 7.
Code Section 49-4-146.3 of the Official Code of Georgia Annotated, relating to forfeiture of property and proceeds obtained through Medicaid fraud, is amended by striking in its entirety subparagraph (o)(2)(A) and inserting in lieu thereof the following:
"(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and W (e) of Code Section 9-11-4."
SECTION 8.
This Act shall become effective on July 1, 2000, and shall apply to civil actions filed on or after such date.

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1147

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Ehrhart of the 36th moves to amend the Committee substitute to HB 708 as follows:
Page 1 line 11 change "plaintiff" to "defendant"

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 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 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 Cornell 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 N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin E Harrell Y Heard Y Heckstall
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
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

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

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil 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, R.L Y Watson E West Y Westmoreland Y Whitaker
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 157, nays 4.

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

Representative Smith of the 91st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1321. By Representatives Royal of the 164th and Shanahan of the 10th:
A bill to amend Code Section 36-81-3 of the Official Code of Georgia Annotated, relating to fiscal years of local governments, so as to extend the time period in which the Department of Community Affairs and local governments shall be required to adopt and use certain initial uniform charts of accounts.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield 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 E Callaway Y Campbell Y Cash Y Channel!
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
Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings 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 OTJeal 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 Rekhert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders E Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfleld 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 Smvre 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 Tblbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson E 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 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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1149

HB 304. By Representatives Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities.

The following Committee substitute was read and adopted: A BILL
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change criminal jurisdiction of such courts; to provide for concurrent criminal jurisdiction over certain misdemeanor marijuana possession, shoplifting, alcohol violations relating to minors and criminal trespass; to restrict such jurisdiction to offenses in the unincorporated area in the county; to provide for penalties; to provide for waiver of jury trial and binding over to another court for jury trial; to provide for procedures relating to citation arrest or accusation; to provide for prosecuting attorneys; to provide for no contest case bonds and related procedures; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-2, relating to jurisdiction, by striking "or" at the end of paragraph (12), by striking the period and inserting "; or" at the end of paragraph (13), and by inserting a new paragraph, to be designated paragraph (14), to read as follows:
"(14) The trial and sentencing of misdemeanor violations of other Code sections as provided by Article 13 of this chapter."
SECTION 2.
Said chapter is further amended by inserting a new article, to be designated Article 13, to read as follows:
"ARTICLE 13
15-10-260.
(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30 and 16-13-2, relating to possession of less than one ounce of marijuana; Code Section 16-814, relating to theft by shoplifting of $300.00 or less; Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; and Code Section 16-7-21, relating to criminal trespass.
(b) Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Code section; provided, however, that the violation must have occurred in the unincorporated area of the county.

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(c) A person convicted of violation of a misdemeanor specified in subsection (a) of this Code section shall be punished as provided in paragraphs (1) through (4) of this subsection as follows:
(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section 16-13-2;
(2) For theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14;
(3) For furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and
(4) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21.
(d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction of any other courts having jurisdiction to try and dispose of such cases.
15-10-261.
There shall be no jury trials in the magistrate court. A magistrate court shall not have the power to dispose of the misdemeanor offenses enumerated in subsection (a) of Code Section 15-10-260 unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
15-10-262.
(a) Prosecution for misdemeanor violations authorized in this article may proceed by citation, summons, arrest, citation and arrest, or by arrest warrant as provided in Chapter 4 of Title 17, or by an accusation as provided in Code Section 17-7-71.
(b) The solicitor general of counties having solicitors general, or the county attorney or another attorney designated by the county governing authority, may act as the prosecuting attorney of the magistrate court in proceedings under this article.
15-10-263.
(a) The chief magistrate of each county may by written order establish a schedule of no contest cash bonds which the accused may post when arrested or accused by warrant or citation pursuant to this article. The schedule of no contest cash bond amounts shall be sufficient to cover court costs and minimum fines as set forth in the Code section applicable to the alleged offense. At the time of posting a no contest cash bond, the receipt shall contain the following language: 'IF YOU GIVE A NO CONTEST CASH BOND AND FAIL TO APPEAR FOR TRIAL, THIS BOND MAY BE FORFEITED AND, IF SO FORFEITED, SHALL CONSTITUTE A MISDEMEANOR GUILTY PLEA AND A WAIVER OF CERTAIN CONSTITUTIONAL RIGHTS,' which shall be acknowledged by the person arrested.
(b) A person arrested or accused by warrant or citation pursuant to this article who does not wish to post a no contest cash bond may post a property bond or standard appearance bond to assure his or her future appearance in court.

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(c) If a person who gives a no contest cash bond fails subsequently to appear for trial, such failure shall constitute a guilty plea and the no contest cash bond shall be forfeited, unless the court proceeds under the provisions of subsection (d) of this Code section. It shall not be necessary for the state to take any further action to forfeit the no contest cash bond. Forfeiture of a no contest cash bond shall be considered to constitute imposition and payment of a fine and, if so considered, shall be a bar to a subsequent prosecution of the accused for the violation.

(d) If the judge determines at the time of the nonappearance at trial of the defendant in his or her sole discretion that substantial justice will not be accomplished by the forfeiture of the no contest cash bond amount and the disposition of the charges with prejudice, the posting of the no contest cash bond shall not be considered a plea of guilty nor constitute a bar to a subsequent prosecution of the defendant for the violation, and any moneys posted under the no contest cash bond shall be held in the court's registry pending subsequent prosecution, and the defendant shall be served with a citation for a reasonable future appearance date, and, in default of the defendant's appearance, the court shall issue a bench warrant for the defendant's arrest.

(e) Upon a conviction under a subsequent prosecution, the proceeds of any no contest cash bond shall be applied and distributed toward the fine and court costs imposed by the court.

(f) If a defendant posts a property bond or standard appearance bond and thereafter fails to appear at the designated time, a bench warrant shall be issued for such person and the bond shall be forfeited as provided by Code Section 17-6-17."

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
Borders N 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
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 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 Y Heckstall Y Hegstrom Y Hembree N 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 N Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney N Millar Y Mills Y Mobley

Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Eeese Y Reichert
Rice Y Richardson

1152
Roberts Y Rogers
Royal Y Sanders E Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp

JOURNAL OF THE HOUSE

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 Taylor
Y Teague Y Teper
Y Tillman Y Tolbert
Trense N Tumquest Y Twiggs Y Unterman Y Walker, L

Y Walker, R.L N Watson E West Y Westmoreland
Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 150, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Royal of the 164th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Stuckey of the 67th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
HB 1391. By Representatives Birdsong of the 123rd, Smith of the 109th, Murphy of the 18th, Walker of the 141st, Buck of the 135th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the definition of the term "employee"; to provide that a member of the State Defense Force serving on state active duty in certain circumstances is an employee; to change the definition of the term "injury"; to provide that an injury arising in the course of employment includes any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty.

Pursuant to Rule 134, Representative Smith of the 19th was excused from voting on HB 1391.

The report of the Committee, which was favorable to the 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
Campbell Y Cash

Y Channell Y Childers
Clark Coan Y Coleman, B Y Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans

Y Everett Y Felton
Ployd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner
Harbin E 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

TUESDAY, FEBRUARY 22, 2000

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

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Handall Y Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders E 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 Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner

1153
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 E 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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1349. By Representatives Jennings of the 63rd, Buck of the 135th, Smith of the 12th, Scarlett of the 174th, Jamieson of the 22nd and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate of interest paid with respect to certain refunds; to change the rate of interest with respect to income tax overpayments; to change the rate of interest paid with respect to certain estimated income tax overpayments.

The report of the Committee, which was favorable to the 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

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
Dean Y DeLoach, B Y DeLoach, G Y Dix

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

Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings 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 Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTSTeal Y Orrock

1154
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Hagas Y Randall Y Ray
Reaves Y Reece

JOURNAL OF THE HOUSE

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

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

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

Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1409. By Representatives Lane of the 146th, Morris of the 155th, Poag of the 6th and Stokes of the 92nd: A bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to define a certain term; to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife under certain circumstances where such action is otherwise prohibited by law.
The following Committee substitute was read: A BILL
To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide that the Department of Natural Resources may issue permits to trap, transport and release, or kill wildlife and feral hogs under certain circumstances where such action is otherwise prohibited by law; to provide that the department shall specify such conditions upon such permits as the department deems necessary; to provide an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, is amended by inserting at the end thereof the following:
"27-2-31.
(a) The department is authorized to issue wildlife control permits authorizing the permittee to trap, transport and release, or kill wildlife and feral hogs where such action is otherwise prohibited by law or regulation:
(1) When the department determines that there is a substantial likelihood the presence of such wildlife or feral hogs will endanger or cause injury to persons or will destroy or damage agricultural crops, domestic animals, buildings, structures, or other personal property;

TUESDAY, FEBRUARY 22, 2000

1155

(2) For the control of white-tailed deer on airport property; provided, however, that permits shall be issued under this paragraph for purposes of public safety, and the control of white-tailed deer for other purposes and the removal of black bear shall be as provided in Code Sections 27-2-18 and 27-3-21, respectively; and
(3) For fur-bearing animals, as defined in paragraph (31) of Code Section 27-1-2, to implement a bona fide wildlife management plan that has been approved by the department.
(b) In issuing a wildlife control permit, the department shall prescribe the method, means, species, numbers, time limits, location, and any other conditions it deems necessary to ensure the continued viability of the wildlife population involved and to ensure that the public safety and interest are not compromised.
(c) Nothing in the Code section shall be construed to authorize the taking of any species which is protected by the federal Endangered Species Act of 1973, Public Law 93205, as amended, or under any state law or regulation which has as its purpose the protection of endangered or threatened species."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Lane of the 146th moves to amend the Committee substitute to HB 1409 by inserting on line 9 of page 1, following the word and symbol "exception;", the following:
"to provide an effective date;".
By inserting immediately following line 19 of page 2 the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3."
Representatives Houston of the 166th, Murphy of the 18th, Walker of the 141st, Shaw of the 176th and Greene of the 158th move to amend the Committee substitute to HB 1409 as follows:
By deleting the word "and" on line 2, page 2 and by deleting the period at the end of line 6, page 2, and substituting in lieu thereof "; and," and by adding a new subsection (4) between lines 6 and 7 on page 2 as follows:
"(4) For fallow or other non-native or exotic deer or antelope when said deer or antelope are totally enclosed on property owned by or under the control of the permittee."
And, by adding after the word "hogs" on line 5, page 1, the words
"and fallow or exotic deer or antelope"...

1156

JOURNAL OF THE HOUSE

The Committee substitute, aa 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
Buckner
Y Bulloch E Bunn Y Burkhalter Y Byrd Y CaUaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkjns 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 OWeal 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 Rogers
Y Royal
Y Sanders E 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.H 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 Tblbert Y Trense Y Turnquest YTwiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson E West
Westmoreland 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The Speaker assumed the Chair.
By unanimous consent, HB 814 was postponed until Wednesday, February 23, 2000.

TUESDAY, FEBRUARY 22, 2000

1157

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

HR 1089. By Representatives Mueller of the 152nd, Day of the 153rd, Pelote of the 149th, Stephens of the 150th and Bordeaux of the 151st:
A resolution recognizing and honoring the Chairman, the Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:
HR 1090. By Representatives Byrd of the 170th, Reaves of the 178th, Hudson of the 156th and Purcell of the 147th: A resolution commending the charter members of the Georgia Agricultural Education Hall of Fame.
HR 1093. By Representatives Day of the 153rd, Stephens of the 150th, Smith of the 19th and Birdsong of the 123rd: A resolution honoring Brigadier General Walter C. Corish, Jr.
HR 1094. By Representatives Benefield of the 96th, Murphy of the 18th, Snow of the 2nd, Channell of the lllth, Parrish of the 144th and others: A resolution recognizing and expressing appreciation to Steven L. Parks.
HR 1095. By Representatives Crawford of the 129th, Hanner of the 159th and Murphy of the 18th: A resolution expressing regret at the loss of Conservation Corporal Rocky Wainwright.
HR 1096. 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 expressing regret at the passing of Honorable Aldine McCrary Pickard.
HR 1097. By Representative Rogers of the 20th: A resolution commending the Junior League of Gainesville-Hall County and recognizing the past presidents.
HR 1098. By Representatives Randall of the 127th, Reichert of the 126th, Lucas of the 124th, Graves of the 125th, Ray of the 128th and others: A resolution commending Youth Leadership Bibb County, Inc.
HR 1099. By Representative Smith of the 109th: A resolution commending Mr. and Mrs. Victor Brown.
HR 1100. By Representative Ponder of the 160th: A resolution recognizing and honoring Daniel Evans Ponder, Sr., on the occasion of his seventieth birthday.

1158

JOURNAL OF THE HOUSE

HR 1101. By Representatives Smith of the 109th and Jenkins of the 110th: A resolution commending Henry Wisebram.

HR 1102. By Representative Shaw of the 176th: A resolution commending Helen Lanier Strickland.

HR 1103. By Representatives Crawford of the 129th, Murphy of the 18th, Walker of the 141st and Coleman of the 142nd:
A resolution recognizing and commending Judy Stokes Thompson.

HR 1104. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Delia Louise Boykin.

HR 1105. By Representative Pelote of the 149th:
A resolution expressing regret at the passing of Mattie L. Campbell-Jordan and for other purposes.

HR 1106. By Representative Pelote of the 149th:
A resolution honoring the life of Theodore Montgomery, Sr., and expressing regret at his passing.

HR 1107. By Representative Pelote of the 149th:
A resolution commending Mr. Jeffery Jenkins and wishing him well in his position as the new facilities manager of the Chatham-Effingham-Liberty Library System.

HR 1108. By Representative Pelote of the 149th: A resolution expressing regret at the passing of George Sawyer.

HR 1109. By Representative McClinton of the 68th: A resolution commending Investigator Clarence W. Favors.

HR 1110. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Jonah Bryant TV.

HR 1111. By Representatives Smyre of the 136th, Buck of the 135th, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A resolution honoring the memory of Richard W. Williams.

HR 1112. By Representatives Smyre of the 136th, Buck of the 135th, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A resolution commending the Women's Softball Team of the New Testament Missionary Baptist Church Inc.

HR 1113. By Representative Coleman of the 80th: A resolution commending Glenn Preble.

TUESDAY, FEBRUARY 22, 2000

1159

HR 1114. By Representative Coleman of the 80th:
A resolution commending the coaches and players of the Duluth High School Lady Wildcats softball team.

HR 1115. By Representative Stanley of the 50th: A resolution commending Deacon Johnny L. Burden, Sr.

HR 1116. By Representative Coleman of the 80th: A resolution commending Parks Reese.

HR 1117. By Representative Clark of the 3rd: A resolution expressing regret at the passing of Barry Dill.

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1396 Do Pass, by Substitute HR 935 Do Pass HR 1008 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1306 Do Pass
Respectfully submitted, /s/ Jamieson of the 22nd
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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 703 Do Pass, by Substitute
Respectfully submitted, lei Martin of the 47th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1086 Do Pass
Respectfully submitted, Isl Smyre of the 136th
Chairman

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

Mr. Speaker:

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

HB 801 Do Pass, by Substitute HB 1291 Do Pass, by Substitute HB 1296 Do Pass, by Substitute HB 1417 Do Pass HB 1452 Do Pass

HB 1509 Do Pass HB 1510 Do Pass HB 1531 Do Pass HB 1532 Do Pass HR 1010 Do Pass

Respectfully submitted, lal Buck of the 135th
Chairman

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

WEDNESDAY, FEBRUARY 23, 2000

1161

Representative Hall, Atlanta, Georgia
Wednesday, February 23, 2000
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 Barnard Barnes Benefield Birdsong Bohannon Bridges Brooks Brown Buck Bulloch
Bunn Byrd Callaway Channell Childers Clark Coleman, B Connell Cox Crawford Cummings

Davis, M Davis, T Day
Dean DeLoach, B DeLoach, G Dixon
Dodson Ehrhart Evans Everett Felton Floyd Franklin
Golick Graves Greene Grindley Hammontree Harbin
E Harrell Heard Hegstrom Hembree
Henson

Holland
Houston
Howard Hudgens Hudson, H Hugley Jackson, B Jackson, L James Jennings Joyce Kaye Lane Lewis Lord Mann Martin, J.L McBee McKinney Millar Mills
Morris Mosley Mueller

O'Neal Parsons Pelote Ponder Purcell Randall Ray Reaves Reece Richardson Roberts Royal Sanders E Sauder Scarlett Scheid Scott Shanahan Sholar Sims Skipper Smith, C Smith, C.W Smith, L

E Smith, L.R Smith, P Smith, V Snelling
Snow Stancil Stanley-Turner Stephens E Stokes Taylor Tillman Tolbert Turnquest Twiggs Unterman Walker, L Watson West Whitaker Wiles Williams, R Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Mobley of the 69th, Pinholster of the 15th, Borders of the 177th, Shaw of the 176th, Walker of the 87th, Reese of the 85th, Smith of the 169th, Teper of the 61st, Reichert of the 126th, Stallings of the 100th, Heckstall of the 55th, Jones of the 71st, Parrish of the 144th, Ashe of the 46th, Stuckey of the 67th, Reed of the 52nd, Poag of the 6th, Dukes of the 161st, Coleman of the 142nd, Powell of the 23rd, Smith of the 91st, Bordeaux of the 151st, Porter of the 143rd, Trense of the 44th, Shipp of the 38th, Orrock of the 56th, Lucas of the 124th, Sinkfield of the 57th, McClinton of the 68th, Hudson of the 156th, Westmoreland of the 104th, Rice of the 79th, Cash of the 108th, Martin of the 47th, Ragas of the 64th, Squires of the 78th, Dix of the 76th, Massey of the 86th, Coan of the 82nd, Irvin of the 45th, Cooper of the 31st, Williams of the 83rd, Jamieson of the 22nd, Maddox of the 72nd, Buckner of the 95th, Teague of the 58th and Smyre of the 136th.
They wish to be recorded as present.
Prayer was offered by Dr. Ken Ray, Pastor, Dallas First Methodist Church, Dallas, Georgia.

1162

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 1575. By Representative Purcell of the 147th: A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitor-general of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1576. By Representatives Stokes of the 92nd, Manning of the 32nd, Wix of the 33rd, Stuckey of the 67th, Golick of the 30th and others: A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to change certain provisions relating to interception of wire, oral, and electronic communications.
Referred to the Committee on Judiciary.
HB 1577. By Representatives Buck of the 135th, Royal of the 164th and Smith of the 175th: A bill to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to authorize the state revenue commissioner to allow certain access to certain confidential materials, documents, and information for certain research purposes.

WEDNESDAY, FEBRUARY 23, 2000

1163

Referred to the Committee on Ways & Means.

HB 1578. By Representative Stuckey of the 67th:
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 chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances.
Referred to the Committee on Motor Vehicles.

HB 1579. By Representative Brown of the 130th:
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 that individual retirement accounts, individual retirement annuities, accounts established as part of a trust, and certain pension or retirement funds benefits shall be exempt from garnishment.
Referred to the Committee on Judiciary.

HB 1580. By Representative Barnard of the 154th:
A bill to amend an Act creating a new charter for the City of Reidsville, so as to provide that the mayor and councilmen shall be elected by a plurality of the voters voting in the respective elections for mayor and each member of the council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1581. By Representative Campbell of the 42nd: A bill to amend Code Section 48-4-5 of the Official Code of Georgia Annotated, relating to the payment of excess funds after a tax sale, so as to provide for the accrual of interest at the legal rate on such excess funds.
Referred to the Committee on Ways & Means.

HB 1582. By Representatives Scarlett of the 174th and Buck of the 135th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen.

February 23, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1582. This notice is made prior to or upon reading the bill the first time.

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JOURNAL OF THE HOUSE

/s/ Stephen G. Scarlett Representative 174th District
Referred to the Committee on Ways & Means.
HB 1583. By Representatives Kaye of the 37th, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Parham of the 122nd and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from state sales and use tax with respect to the sale of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics.

February 23, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1583. This notice is made prior to or upon reading the bill the first time.

/s/ Mitchell Kaye Representative 37th District
Referred to the Committee on Ways & Means.
HR 1091. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution designating the Charles Frederick Warnell, Sr, Highway.
Referred to the Committee on Transportation.
HR 1092. By Representatives Bannister of the 77th, Unterman of the 84th, Coan of the 82nd, Coleman of the 80th, Squires of the 78th and others: A resolution urging cooperation between the Gwinnett County board of commissioners and board of education and recommending expansion of the membership of the Municipal-Gwinnett County Planning Commission.
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 1561 HB 1562 HB 1563 HB 1564 HB 1565 HB 1566 HB 1567

HB 1568 HB 1569 HB 1570 HB 1571 HB 1572 HB 1573 HB 1574

WEDNESDAY, FEBRUARY 23, 2000

1165

HR 1083 HR 1084 SB 336 SB 352 SB 400

SB 435 SR 483 SR 484 SR 490

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1441 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1412 Do Pass, by Substitute HR 1081 Do Pass SR 502 Do Pass

SR 503 Do Pass SR 516 Do Pass

Respectfully submitted, Is/ Lucas of the 124th
Chairman

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

Mr. Speaker:

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

HB 1350 Do Pass HB 1527 Do Pass

HB 1555 Do Pass HB 1557 Do Pass

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Respectfully submitted, Is/ Royal of the 164th
Chairman

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

Mr. Speaker:

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

HB 1302 Do Pass HB 1324 Do Pass HR 436 Do Pass HR 898 Do Pass HR 979 Do Pass

HR 1016 Do Pass HR 1045 Do Pass HR 1046 Do Pass HR 1059 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 23, 2000

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

HB 853 HB 1178 HB 1186 HB 1205 HB 1411 HB 1458 HB 1486 HB 1500

County law libraries; certain counties; certain court cost Ad valorem tax deferral; senior citizens; municipalities Hotel-motel tax; definitions; procedures; penalties Development authorities; dissolution; devolution of assets Teaching hospitals; funding through Department of Community Health Driver's license; suspension and revocation; amend provisions Sheriff's services; fees and disposition; cert municipal courts High schools; public and private; interscholastic competition

HR 847 Wilson, Ellen Louise Axson; place portrait in Capitol HR 895 Federal Watershed Nutrient Task Force; urge certain action plan

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

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

WEDNESDAY, FEBRUARY 23, 2000

1167

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1350. By Representatives West of the 101st and Stallings of the 100th: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Carroll County; to create the office of chairperson and a board of commissioners for Carroll County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into election districts.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HB 1527. By Representatives Ehrhart of the 36th, Wiles of the 34th, Grindley of the 35th, Parsons of the 40th, Sauder of the 29th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the supplement to be paid to each of the judges of the superior court of said circuit.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HB 1555. By Representative Anderson of the 116th: A bill to amend an Act providing for the election of members of the Board of Education of Burke County, so as to change the provisions relating to the filling of vacancies on 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 91, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HB 1557. By Representative Houston of the 166th: A bill to amend an Act creating the office of tax commissioner of Berrien County, so as to change the provisions relating to the compensation of the tax commissioner.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 6.
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 hy the requisite constitutional majority the following bills of the Senate and House:
SB 364. By Senators Guhl of the 45th and Crotts of the 17th:
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 certain personal information of persons or entities obtained by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems.
SB 368. By Senator Thompson of the 33rd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, so as to provide that license plates, revalidation decals, and county name decals shall not be issued to certain persons who have failed to pay parking tickets; to provide for issuance of license plates, revalidation decals, and county name decals upon payment of outstanding parking fines and an administrative fee in addition to other requirements of law; to provide an effective date.
SB 398. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Hill of the 4th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the OneGeorgia Authority; to provide a short title; to provide for legislative findings and declaration of necessity; to provide definitions; to provide for the composition of the authority; to provide for the appointment of an executive director; to provide for limitation on the authority's liability; to provide for the powers of the authority; to provide for the powers to issue bonds and incur indebtedness; to provide for obligations not subject to the "Georgia Securities Act of 1973"; to provide for bonds as securities; to provide for the payment of bond proceeds; to provide for other matters relative to the foregoing.
SB 403. By Senators Ray of the 48th, Kemp of the 3rd and Lee of the 29th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the riling of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by

WEDNESDAY, FEBRUARY 23, 2000

1169

electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date.

SB 436. By Senators Johnson of the 1st and Egan of the 40th:
A bill to amend Code Section 1-3-3 of the O.C.G.A., relating to definitions of terms in the O.C.G.A., so as to define the term "statutory overnight delivery"; to amend Code Section 9-10-12 of the O.C.G.A., relating to delivery of notices by certified or registered mail, so as to provide for delivery of notices by overnight delivery through the postal service or a commercial delivery service; to define and authorize delivery by "statutory overnight delivery"; to provide for references in laws, statutes, Code sections, ordinances, rules, and regulations; to amend numerous provisions of the O.C.G.A. so as to authorize delivery in such manner of notices previously required to be delivered by registered or certified mail.

HB 840. By Representatives Royal of the 164th, Jamieson of the 22nd, Coleman of the 142nd and others:
A bill to amend Part 2 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to funding, donations, property, and scholarships regarding Georgia Military College, so as to provide for the appropriation of funds designated for Georgia Military College through the Department of Technical and Adult Education and for the oversight of such funds by the Board of Technical and Adult Education.

HB 1112. By Representative Squires of the 78th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated in Articles 1, 2, and 4, relating respectively to juvenile proceedings, parental rights, and procedures and policies relative to juveniles who may be mentally incompetent, so as to reorganize such articles.

HB 1138. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Chapter 5 of Title 4 of the Official Code of Georgia Annotated, known as the "Dead Animal Disposal Act," so as to authorize additional methods for the disposal of dead animals; to repeal certain provisions relating to carcasses which are burned.

HB 1149. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to change the specific date by which certain conference and convention center facilities or similar facilities must be substantially completed and in operation.

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

SR 480. By Senators Hill of the 4th, Jackson of the 50th and Marable of the 52nd:
A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply.

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

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 364. By Senators Guhl of the 45th and Crotts of the 17th:
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 certain personal information of persons or entities obtained by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems.
Referred to the Committee on Judiciary.
SB 368. By Senator Thompson of the 33rd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle registration and licensing generally, so as to provide that license plates, revalidation decals, and county name decals shall not be issued to certain persons who have failed to pay parking tickets; to provide for issuance of license plates, revalidation decals, and county name decals upon payment of outstanding parking fines and an administrative fee in addition to other requirements of law; to provide an effective date.
Referred to the Committee on Motor Vehicles.
SB 398. 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 create the OneGeorgia Authority; to provide a short title; to provide for legislative findings and declaration of necessity; to provide definitions; to provide for the composition of the authority; to pro-

WEDNESDAY, FEBRUARY 23, 2000

1171

vide for the appointment of an executive director; to provide for limitation on the authority's liability; to provide for the powers of the authority; to provide for the powers to issue bonds and incur indebtedness; to provide for obligations not subject to the "Georgia Securities Act of 1973"; to provide for bonds as securities; to provide for the payment of bond proceeds; to provide for other matters relative to the foregoing.
Referred to the Committee on Appropriations.

SB 403. By Senators Ray of the 48th, Kemp of the 3rd and Lee of the 29th:
A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the filing of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date.
Referred to the Committee on Judiciary.

SB 436. By Senators Johnson of the 1st and Egan of the 40th:
A bill to amend Code Section 1-3-3 of the O.C.G.A., relating to definitions of terms in the O.C.G.A., so as to define the term "statutory overnight delivery"; to amend Code Section 9-10-12 of the O.C.G.A., relating to delivery of notices by certified or registered mail, so as to provide for delivery of notices by overnight delivery through the postal service or a commercial delivery service; to define and authorize delivery by "statutory overnight delivery"; to provide for references in laws, statutes, Code sections, ordinances, rules, and regulations; to amend numerous provisions of the O.C.G.A. so as to authorize delivery in such manner of notices previously required to be delivered by registered or certified mail.
Referred to the Committee on Judiciary.

SR 480. By Senators Hill of the 4th, Jackson of the 50th and Marable of the 52nd: A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply.
Referred to the Committee on Children and Youth.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1086. By Representatives Sanders of the 107th and Yates of the 106th: A resolution commending the Griffin High School JROTC Marching Rifles and inviting them to appear before the House of Representatives.

The Speaker Pro Tern assumed the Chair.

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JOURNAL OF THE HOUSE

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

HB 1205. By Representative Murphy of the 18th:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to provide that development authorities may be dissolved by action of the parent governments so long as the authority to be dissolved does not have any outstanding unpaid bonds or bond anticipation notes.

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

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway
Campbell Cash Y Channell Y Childers Clark Y Coan 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
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
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce 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 Y Randall Y Ray
Reaves Y Reece Y Reed Y Keese Y Reichert E 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 E 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 TVlvlor Teague Y Teper Y Tillman Y Tblbert Y Trense Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Westmoreland Whitaker Y Wiles Williams, J Y Williams, R Wix Yates Murphy, Spin-

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Wix of the 33rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, FEBRUARY 23, 2000

1173

HB 1500. By Representatives Murphy of the 18th, Hudson of the 156th, Powell of the 23rd, Mosley of the 171st, Purcell of the 147th and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs under the "Quality Basic Education Act," so as to state legislative findings; to define terms; to provide that no public high school which receives funds under said Act shall participate in or sponsor interscholastic competition administered by a high school association unless the high school association meets certain criteria.

Representative Pinholster of the 15th moved that HB 1500 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe
N Bailey N Bannister Y Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders
Bridges N Brooks Y Brown N Buck N Buckner N Bulloch N Bunn
Burkhalter N Byrd Y Callaway
Campbell N Cash N Channell Y Childers Y Clark Y Coan N Coleman, B N Coleman, T
Connell Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T N Day N Dean N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett
Felton N Floyd Y Franklin N Golick Y Graves N Greene N Grindley N Hammontree N Manner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland
Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones N Joyce N Kaye N Lane N Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L E Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley N Mueller N O"Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder
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 Y Smith, P N Smith, T N Smith, V N Smyre N Snelhng N Snow N Squires N Stallings Y Stancil N Stanley, P
Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor
Teague N Tepei N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates N Murphy, Spkr

On the motion, the ayes were 29, nays 140. The motion was lost. The following amendment was read and adopted: Representative Walker of the 141st, et al. move to amend HB 1500 as follows:

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By adding a new Section 2 to read as follows: Section 2.
"Nothing herein shall be construed to affect private high schools that do not compete athletically with public schools."
And by renumbering Section 2 as Section 3.

The following amendment was read:
Representative Walker of the 87th moves to amend HB 1500 by adding after the word "interscholastic" the word "athletic" on lines 6 and 22 of page 1 and lines 16 and 26 of page 2.
By striking lines 8 through 12 of page 2 and inserting in its place the following:
"private high school in which the parents or guardians of 50 percent or more of its student athletes legally reside outside a 20 mile radius of the school or in which the parents or guardians of 10 percent or more of the student athletes legally reside outside the State of Georgia.".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe N Bailey Y Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders N Bridges N Brooks N Brown N Buck N Buckner N Bulloch Y Bunn
Burkhalter N Byrd Y Callaway
Campbell Y Cash N Channel! Y Childers Y Clark Y Coan N Coleman, B N Coleman, T
Connell Cooper Y Cox N Crawford N Cummings Y Davis, M

N Davis, T N Day N Dean
DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett
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 N 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
Jones Y Joyce N Kaye N Lane N Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley N Mueller N O'Neal
Orrock N Parham N Fairish 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 N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R Y Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P
Stanley-Turner Stephens N Stokes Y Stuckey N Taylor Teague N Teper N Tillman N Tolbert Y Trense Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates N Murphy, Spkr

WEDNESDAY, FEBRUARY 23, 2000

1175

On the adoption of the amendment, the ayes were 44, nays 124. 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 N Ashe Y Bailey N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter YByrd N Callaway
Campbell Y Cash Y Channel! N Childers N Clark N Coan Y Coleman, B Y Coleman, T
Connell Cooper N Cox Y Crawford Y Cummings N Davis, M

Y Davis, T N Day Y Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans Y Everett
Felton Y Floyd N Franklin N Golick Y Graves Y Greene N Grindley N Hammontree Y Hanner Y Harbin N Harrell N 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

Y Hugley N 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 N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey N McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTJeal N Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell YRagas Y Randall Y Ray Y Heaves Y Reece Y Reed N Reese Y Reichert N Rice Y Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R N 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 N Stuckey Y Taylor
league Y Teper Y TiUman Y Iblbert N Trense
Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmorland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates Y Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 129, nays 45.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker assumed the Chair.
SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others: A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assem-

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bly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection.

The following substitute, offered by Representative Walker of the 141st et al. was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for selection of a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article II, Section III, Paragraph II of the Constitution is amended by striking the Paragraph in its entirety and inserting in its place a new Paragraph to read as follows:
"Paragraph II. Suspension upon felony conviction. Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he or she shall not be entitled to receive the compensation from his or her office. If, during the remainder of the elected official's term of office, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he or she was suspended and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the public officer under suspension is a member of the Senate, then a replacement member for the duration of the suspension under this Paragraph shall be appointed by the Governor subject to confirmation by the Senate. If the public officer under suspension is a member of the House of Representatives, then a replacement member for the duration of the suspension shall be elected as now or hereafter provided by law, in a manner the same as or similar to the election of a member to fill a vacancy in the House of Representatives but to serve only for the duration of the suspension. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

WEDNESDAY, FEBRUARY 23, 2000

1177

"( ) YES Shall the Constitution be amended so as to provide for selection of a replacement for any member of the General Assembly who has
( ) NO been initially convicted of a felony?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read:

Representative Irvin of the 45th moves to amend the Floor substitute to SR 411 as follows:
Pg 2, Section 2 line 22:
"Shall the constitution be amended so as to provide for selection of a replacement for any member of the Senate who has been initially convicted of a felony by appointment instead of by a vote of the people," and that a vacancy in the House should be filled by a special election?

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 Y Bridges Y Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

Y Davis, T YDay N Dean Y DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson
Dukes Y Ehrhart N Epps Y Evans Y Everett
Felton N Ployd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes 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 Y Massey N McBee N McCall N McCHnton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N CWea! N Orrock N Parham N Parrish Y Parsons

N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell N Ragas N Randall N Hay N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid 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 N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, H N Wix Y Yates
Murphy, Spkr

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On the adoption of the amendment, the ayes were 77, nays 99. The amendment was lost.

The following amendment was read:

Representative Irvin of the 45th et al. move to amend the Floor substitute to SR 411 as follows:
Strike all language starting with "if on line 32, page 1, through "suspension," on line 6, page 2, and insert the following:
If the public officer under suspension is a member of the General Assembly, then a replacement member for the duration of the suspension shall be elected as now or hereafter provided by law, in a manner the same as or similar to the election of a member to fill a vacancy in the General Assembly but to serve only for the duration of the suspension.

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 Beneneld N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

N Davis, T YDay N Dean Y DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson
Dukes Y Ehrhart N Epps Y Evans Y Everett
Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Banner Y Harbin N Harrell N Heard 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
Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis
Lord N Lucas Y Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley
Morris N Mosley Y Mueller N OTSIeal N Orrock N Parham N Parrish Y Parsons

N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sander 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 N Snow
N Squires
N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Tfcylor N Teague N Teper N Tillman Y Tolbert Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

WEDNESDAY, FEBRUARY 23, 2000

1179

On the adoption of the amendment, the ayes were 76, nays 97. The amendment was lost.

Representative Morris of the 155th 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 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 Men Y Anderson N Ashe Y Bailey Y Bannister N Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux Y Borders N Bridges N Brooks N Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter Y Byrd N Callaway N Campbell N Cash Y Channel! Y Childers N Clark N Coan N 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 N Dix Y Dixon Y Dodson
Dukes N Ehrhart Y Epps N Evans Y Everett
Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J N Martin, J.L N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller
(Weal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster Y Poag N Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N 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

N Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor N Teague Y Teper Y Tillman N Tblbert N Trense Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 113, nays 62. The Bill, having failed to receive the requisite constitutional majority, was lost.

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Rep. Mills SR411
I believe those convicted of felons should be removed from office, but this bill allows the Governor to appoint a replacement. It takes away from the people of Georgia the right to vote for their own Senator. I believe this is a valuable right for citizens to vote and elect their own Senator.
/s/ James Mills

Representative Walker of the 141st gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to SR 411.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

WEDNESDAY, FEBRUARY 23, 2000

1181

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 1118. By Representative Childers of the 13th: A resolution recognizing and commending Mrs. Betty Lyons for her extraordinary efforts while working at the Capitol.
HR 1123. By Representatives Hanner of the 159th, Bailey of the 93rd and Rogers of the 20th: A resolution commemorating the Keep Georgia Beautiful Program and its 59 local affiliates who serve 80 percent of the population of the State of Georgia.
HR 1124. By Representatives Stallings of the 100th and West of the 101st: A resolution expressing regret at the passing of Charles Henry Almon.
HR 1125. By Representatives Jones of the 71st, Dodson of the 94th, Benefield of the 96th, Bailey of the 93rd, Smyre of the 136th and others: A resolution proclaiming March 15 through March 21, 2000, as "Census Awareness Week".
HR 1126. By Representatives Lane of the 146th and Martin of the 145th: A resolution expressing regret at the passing of Elder T. Roe Scott.
HR 1127. By Representatives Brooks of the 54th, McKinney of the 51st, Dean of the 48th and Parham of the 122nd: A resolution honoring Mr. Oscar Davis, Sr., and expressing regret at his passing.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1122. By Representative Tolhert of the 25th: A resolution recognizing and commending the Commerce High School Competitive Cheerleading Team and inviting the team members 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:

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HB 814. By Representatives Orrock of the 56th, Hegstrom of the 66th and West of the 101st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practitioners of acupuncture.

The following Committee substitute was read: A BILL
To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the licensing of persons to practice acupuncture and provide for powers of the Composite State Board of Medical Examiners with respect to such licensing; to provide for a short title, legislative findings, and definitions; to provide for an advisory committee and its composition, compensation, and duties; to provide for requirements for licensure; to provide for applications, licenses, and their renewal; to provide for inactive status; to provide for informed consent; to prohibit certain conduct and provide sanctions therefor; to prohibit certain practices and representations and provide for exceptions and penalties 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.
Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding a new Article 3 to read follows:
"ARTICLE 3
43-34-60.
This article shall be known and may be cited as the 'Acupuncture Act of Georgia.'
43-34-61.
The General Assembly finds and declares that the practice of acupuncture in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.
43-34-62.
As used in this article, the term:
(1) 'Acupuncture' means a form of therapy developed from traditional and modern Oriental concepts for health care that employs Oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease.
(2) 'Auricular (ear) detoxification therapy' means the insertion of disposable acupuncture needles into the five auricular acupuncture points stipulated by the National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency.
(3) 'Board' means the Composite State Board of Medical Examiners created by Code Section 43-34-21.

WEDNESDAY, FEBRUARY 23, 2000

1183

(4) 'Practice of acupuncture' means the insertion of disposable acupuncture needles and the application of moxibustion to specific areas of the human body based upon Oriental medical principles as a therapeutic modality. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, herbal, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and therapeutic exercise based on concepts of traditional Oriental medicine.
43-34-63.
The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure;
(2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article;
(3) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of acupuncture applicants and licensed acupuncturists under this article and conduct hearings in connection with these actions;
(4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations;
(5) Establish application, examination, and licensure fees;
(6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and
(7) Establish continuing education requirements.
43-34-64.
(a) Each applicant for a license to practice acupuncture shall meet the following requirements:
(1) Be at least 18 years of age;
(2) Submit a completed application required by the board;
(3) Submit any fees required by the board;
(4) Be certified in acupuncture by a national certification agency accredited by the National Organization of Competency Assurance and approved by the board;
(5) Have successfully completed a nationally recognized clean needle technique course approved by the board; and
(6) Have obtained professional liability insurance in the amount of at least $100,000.00/$300,000.00.

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(b) Before any person licensed to practice acupuncture, who has less than one year of postgraduate clinical experience, may practice on his or her own, such person must engage in one year of active practice under the supervision of a licensed acupuncturist with a minimum of five years active licensed clinical practice. Such supervising acupuncturist may be licensed in Georgia or any other state or country with licensing requirements substantially equal to Georgia's licensing requirements and may accumulate the required five years of active licensed clinical practice in any combination of states so long as the licensing requirements of such other states or countries are substantially equal to Georgia's licensing requirements.
(c) Each applicant for a license to perform auricular (ear) detoxification therapy shall meet the following requirements:
(1) Be at least 18 years of age;
(2) Submit a completed application required by the board;
(3) Submit any fees required by the board;
(4) Have successfully completed a nationally recognized training program in auricular (ear) detoxification therapy for the treatment of chemical dependency as approved by the board; and
(5) Have successfully completed a nationally recognized clean needle technique course approved by the board.
(d) The practice of auricular (ear) detoxification therapy may take place in a city, county, state, federal, or private chemical dependency program approved by the board under the direct supervision of a licensed acupuncturist or a person authorized to practice acupuncture by the board who is also authorized to practice medicine under Article 2 of this chapter.
43-34-65.
After evaluation of an application and other evidence submitted by an applicant, the board shall notify such applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state the reasons for rejection.
43-34-66.
(a) Any document evidencing licensure issued by the board is the property of the board and must be surrendered on demand.
(b) Every person who holds a license issued by the board in accordance with this article and who is engaged in the active practice of acupuncture shall display the document evidencing licensure in an appropriate and public manner.
(c) Every person who holds a license issued by the board shall inform the board of any change of address.
43-34-67.
(a) A license issued under this article shall be renewed biennially if the person holding such license is not in violation of this article at the time of application for renewal and if the application fulfills current requirements of continuing education as established by the board.

WEDNESDAY, FEBRUARY 23, 2000

1185

(b) Each person licensed under this article is responsible for renewing his or her license before the expiration date.
(c) Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions set
43-34-68.
(a) Any person who undergoes acupuncture must consent to such procedure and shall be informed in general terms of the following:
(1) That the practice of acupuncture is based upon the Oriental arts and is completely distinct and different from traditional western medicine;
(2) That the acupuncturist cannot practice medicine, is not making a medical diagnosis of the person's disease or condition, and that such person should see a physician if he or she wants to obtain a medical diagnosis; and
(3) The nature and the purpose of the acupuncture treatment.
(b) The board shall develop a standard informed consent form to be used by persons licensed under this article. Such informed consent form shall include the information set forth in subsection (a) of this Code section as well as any other and additional information the board deems appropriate. The information set forth in the informed consent form shall be in language which is easy to read and readily understandable to the consuming public.
43-34-69.
The board, in consultation with the advisory committee, may impose any sanction authorized under subsection (d) of Code Section 43-1-19 upon a finding of any conduct specified in subsection (a) of Code Section 43-1-19 or a finding that such conduct involved dividing or agreeing to divide a fee for acupuncture services with any person who refers a patient, notwithstanding that such board is not a state examining board.
43-34-70.
The board shall appoint an acupuncture advisory committee. The committee shall be composed of persons licensed to practice of acupuncture, persons licensed to practice medicine under Article 2 of this chapter who are acupuncturists, and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine.
43-34-71.
(a) Unless licensed under this article or exempted under subsection (b) of this Code section, no person shall:
(1) Practice acupuncture or auricular (ear) detoxification therapy; or
(2) Represent himself or herself to be an acupuncturist or auricular (ear) detoxification specialist who is licensed under this article.
(b) The prohibition in subsection (a) of this Code section does not apply to:

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(1) Any person licensed to practice medicine under Article 2 of this chapter;
(2) The practice of acupuncture which is an integral part of the program of study of students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience;
(3) The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction where such person is doing so in the course of regular instruction in an approved educational program of acupuncture or in an educational seminar of an approved professional organization of acupuncture, provided that in the latter case the practice is supervised directly by a person licensed to practice acupuncture pursuant to this article or an acupuncturist who is licensed to practice medicine under Article 2 of this chapter.
(c) Any person violating subsection (a) of this Code section or Code Section 43-34-73 shall, upon conviction thereof, be guilty of a misdemeanor.
43-34-72.
(a) The titles 'Licensed Acupuncturist' (L. Ac.) and 'Acupuncturist' may only be used by persons licensed under this article.
(b) The title 'Auricular Detoxification Specialist' (ADS) may only be used by persons licensed to practice auricular (ear) detoxification therapy under this article. Possession of a license as an ADS does not by itself entitle a person to identify himself or herself as an acupuncturist. An auricular (ear) detoxification specialist is strictly limited to five ear points' treatment for detoxification for substance abuse, chemical dependency, or both.
(c) No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under Article 2 of this chapter."
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 amendment was read and adopted:
Representatives Reichert of the 126th, Orrock of the 56th and Childers of the 13th move to amend the Committee substitute to HB 814 by adding on line 14 of page 1, after "thereto;", the following:
"to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractic, so as to authorize certain chiropractors to use acupuncture;".
By adding between lines 23 and 24 of page 7 the following:

WEDNESDAY, FEBRUARY 23, 2000

1187

"SECTION 1.1.
Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractic, is amended by striking subsection (f) thereof and inserting in its place the following:
'(f) Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonies. Nothing in this subsection shall be construed to prohibit a chiropractor who is licensed to perform acupuncture under Article 3 of this chapter from engaging in the practice of acupuncture.'"

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 Y Ashe Y Bailey Y Bannister Barnard Y Barnes Y Benefield Birdsong Y Bohannon Y Bordeaux Y Borders Bridges Brooks Brown Y Buck Buckner Y Bulloch Y Bunn 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 Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Day Dean
Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans
Everett Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Harbin Y Harrell Y Heard Y Heckstall Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y 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 Y Joyce
Kaye Lane Y Lewis Lord Y Lucas Maddox Y Mann Y Manning E Martin, J Y Martin, J.L Y Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills Mobley Y Morris Y Mosley 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 Eandall Y Ray Y Reaves
Reece Reed Y Reese Reichert Y Rice Richardson Y Roberts Y Rogers E Royal Y Sanders Y Sauder Scarlett Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Sims Sinkfield Y Skipper Y Smith, B Smith, C Smith, C.W Y Smith, L

Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Snow Y Squires E Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper
Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles
Williams, J Williams, R Y Wix Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 121, nays 0.

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JOURNAL OP THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Skipper of the 137th assumed the Chair.
HB 1186. By Representatives Channell of the lllth, Jamieson of the 22nd, Parrish of the 144th and Scarlett of the 174th:
A hill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes.

The following Committee substitute was read and adopted: A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, is amended by adding a new Code Section 48-13-50.2 to read as follows:
"48-13-50.2.
As used in this article, the term:
(1) 'Innkeeper' means any person who is subject to taxation under this article for furnishing for value to the public any rooms, lodging, or accommodations.
(2) 'Promoting tourism, conventions, and trade shows' means planning, conducting, or participating in programs of information and publicity designed to attract or advertise tourism, conventions, or trade shows."
SECTION 2.
Said article is further amended by striking Code Section 48-13-53, relating to procedures relative to excise taxes on rooms, lodgings, and accommodations, and inserting in lieu thereof the following:
"48-13-53.
Except as otherwise specifically provided in Code Section 48 13-61 this article, the rate of taxation, the manner of imposition, payment, and collection of the tax, and all other procedures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article."

WEDNESDAY, FEBRUARY 23, 2000

1189

SECTION 3.
Said article is further amended by adding new Code Sections 48-13-53.1 through 48-1353.6 to read as follows:
"48-13-53.1.

If any innkeeper liable for any tax, interest, or penalty imposed by this article sells his business or quits the business, he shall make a final return and payment within 15 days after the date of selling or quitting the business. The innkeeper's successor or assigns, if any, shall withhold a sufficient amount of the purchase money to cover the amount of the taxes, interest, and penalties due under this article and unpaid until the former owner produces either a receipt from the governing authority imposing the tax showing that the taxes, interest, and penalties due under this article have been paid or a certificate from the governing authority imposing the tax stating that no tax, interest, or penalty is due under this article. If the purchaser of a business fails to withhold the purchase money as required by this Code section, he shall be personally liable for the payment of any taxes, interest, and penalties accruing under this article and unpaid by any former owner or assignor. The personal liability of the purchaser in such a case shall not exceed the amount of the total purchase money, but the property being transferred shall in all cases be subject to the full amount of the tax lien arising from the delinquencies of the former owner. Paid executions may be transferred and enforced as otherwise provided by law.

48-13-53.2.
(a) Each innkeeper, on or before the twentieth day of each month, shall transmit returns and remit taxes due to any applicable governing authority imposing a tax under this article showing the gross charges taxable under this article during the preceding calendar month. The governing authority imposing the tax may provide by resolution or ordinance for quarterly or annual returns. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the governing authority imposing the tax.
(b) As used in this subsection, the term 'estimated tax liability" means an innkeeper's tax liability under this article, adjusted to account for any subsequent change in the rate of tax imposed under this article or any substantial change in circumstances due to damage to the premises, based on his or her average monthly payments for the last fiscal year. If the estimated tax liability of an innkeeper for any taxable period exceeds $2,500.00, the innkeeper shall file a return and remit to the governing authority imposing the tax not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any innkeeper unless during the previous fiscal year the innkeeper's monthly payments exceeded $2,500.00 per month for three consecutive months or more.
48-13-53.3.
(a)(l) The governing authority imposing a tax under this article may, for good cause, extend the time for making any returns required under this article for not more than 30 days.

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(2) No extension granted pursuant to paragraph (1) of this subsection shall be valid unless granted in writing upon written application, and then the extension shall only be valid for a period, as appropriate, of not more than 12 consecutive months or four consecutive calendar quarters.

(3) Upon the grant of any extension authorized by this subsection, the innkeeper shall remit to the governing authority imposing a tax under this article on or before the date the tax would otherwise become due without the grant of the extension an amount which equals not less than 100 percent of the innkeeper's payment for the corresponding period of the preceding tax year.

(4) No interest or penalty shall be charged by reason of the granting of an extension pursuant to this subsection during the first ten days of each extension period. Thereafter, interest shall be collected upon the unpaid balance of the innkeeper's liability at the rate specified in Code Section 48-2-40.

(b) In the event any innkeeper fails to make a return and pay the tax as provided by this article or makes a grossly incorrect return or a return that is false or fraudulent, the governing authority imposing a tax under this article shall make an estimate for the taxable period of taxable charges of the innkeeper. Based upon its estimate, the governing authority shall assess and collect the taxes, interest, and penalties, as accrued, on the basis of the assessments.

48-13-53.4.

(a) Each innkeeper required to make a return and pay any tax under this article shall keep and preserve:

(1) Suitable records of the charges taxable under this article; and

(2) Other books of account which are necessary to determine the amount of tax due.

(b) All books, invoices, and other records required by this Code section to be kept shall be open to examination at all reasonable hours by the governing authority imposing a tax under this article.

(c) Any examination by a governing authority imposing a tax under this article of the records of an innkeeper for purposes of this Code section shall be based primarily upon the most recent sales tax audit report on the innkeeper as may be furnished by the commissioner pursuant to Code Section 48-2-16. Information secured by the local governing authority incident to any such examination shall be confidential and privileged to the same extent as provided by Code Section 48-2-15 for tax information secured by the commissioner.

48-13-53.5.
Any assessment of an innkeeper pursuant to this article by the governing authority imposing a tax under this article shall be deemed prima facie correct.
48-13-53.6.
The tax imposed by this article shall become delinquent for each month after the twentieth day of each succeeding month during which it remains unpaid."

WEDNESDAY, FEBRUAEY 23, 2000

1191

SECTION 4.
Said article is further amended by adding new Code Sections 48-13-57 through 48-13-63 to read as follows:
"48-13-57.

The provisions of Code Section 48-2-41, relating to authority to waive interest on unpaid taxes; Code Section 48-2-43, relating to authority to waive penalties; and Code Section 48-2-49, relating to periods of limitation for assessment of taxes imposed by this title shall apply to taxes imposed by any local governing authority pursuant to this article, provided that the local governing authority shall stand in lieu of the commissioner, and the county or municipality shall stand in lieu of the state for purposes of this Code section.
48-13-58.
When any innkeeper fails to make any return or to pay the full amount of the tax required by this article, there shall be imposed, in addition to other penalties provided by law, a penalty to be added to the tax in the amount of 5 percent or $5.00, whichever is greater, if the failure is for not more than 30 days and an additional 5 percent or $5.00, whichever is greater, for each additional 30 days or fraction of 30 days during which the failure continues. The penalty for any single violation shall not exceed 25 percent or $25.00 in the aggregate, whichever is greater. If the failure is due to providential cause shown to the satisfaction of the governing authority imposing a tax under this article in affidavit form attached to the return and remittance is made within ten days of due date, the return may be accepted exclusive of penalties and interest. In the case of a false or fraudulent return or of a failure to file a return where willful intent exists to defraud the governing authority of any tax due under this article, a penalty of 50 percent of the tax due shall be assessed.
48-13-59.
(a) It shall be unlawful for any innkeeper to fail, neglect, or refuse to collect the tax provided in this article, either by himself or through his agents or employees.
(b) In addition to the penalty of being liable for and paying the tax himself, any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100.00 or imprisonment in the county jail for not more than three months, or both.
48-13-60.
(a) It shall be unlawful for any innkeeper required by this article to make, render, sign, or verify any return to make a false or fraudulent return with intent to evade the tax levied by this article.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $300.00 or confinement in the county jail for not less than 30 days nor more than three months, or both fine and confinement.

1192

JOURNAL OF THE HOUSE

48-13-61.
(a) It shall be unlawful for any innkeeper subject to this article to fail or refuse to furnish any return required to be made by this article or to fail or refuse to furnish a supplemental return or other data required by the governing authority imposing a tax under this article.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
48-13-62.
(a) It shall be unlawful for any innkeeper subject to this article to fail to keep records or to fail to open the records to inspection as required by law.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.
48-13-63.
(a) It shall be unlawful for any innkeeper to violate any other provision of this article for which punishment is not otherwise provided.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
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 Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Bridges Y Brooks Brown Y Buck Buckner Y Bulloch Y Bunn Burkhalter Y Byrd 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
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton

Y Floyd Y Franklin Y Golkk 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
Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Kaye Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning E Martin, J Y Martin, J.L Y Massey Y McBee Y McCall McClinton McKinney Y Millar Y Mills Y Mobley

Y Morris Y Mosley
Mueller Y O'Neal Y Orrock Y Parham
Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Eagas Y Handall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert Y Rice
Richardson

Y Roberts Y Rogers E Royal Y Sanders Y Sauder
Scarlett Y Scheid
Y Scott Y Shanahan Y Shaw Y Shipp

WEDNESDAY, FEBRUARY 23, 2000

Y Sholar Sims 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
Y Snelling Y Snow Y Squires E 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

1193
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 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Parrish of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 853. By Representatives Ehrhart of the 36th, Sauder of the 29th, Franklin of the 39th, Wiles of the 34th, Cooper of the 31st and others:
A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change a certain population reference; to thereby update and specify the counties in which certain special provisions shall apply to the collection and use of certain court costs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Alien
Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders Bridges
Y Brooks Brown
Y Buck
Buckner Y Bulloch Y Bunn
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
Dukes Y Ehrhart Y Epps
Evans
Y Everett 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 Y Howard Y Hudgens
Hudson, H Y Hudson, N
Y Hugley Irvin
Y Jackson, B Y Jackson, L
Y James Jamieson
Y Jenkins Y Jennings Y Jones
Y Joyce Kaye Lane

Y Lewis
Y Lord Y Lucas Y Maddox Y Mann Y Manning
E 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
Parrish Y Parsons
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 Richardson
Y Roberts Y Rogers E Royal
Y Sanders Y Sauder
Scarlett Y Scheid
Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Sinkfield Skipper

1194
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

Smyre Y Snelling Y Snow Y Squires E Stallings Y Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
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 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 847. By Representatives Childers of the 13th, Smith of the 12th, McClinton of the 68th, Manning of the 32nd, Smith of the 103rd and others: A resolution directing the acceptance and placing in the State Capitol of a portrait of Ellen Louise Axson Wilson, the first First Lady from Georgia.

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 Bames Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges Y Brooks
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
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps
Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce
Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann
Manning E 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 Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice
Richardson Y Roberts Y Rogers E Royal Y Sanders Y Sauder
Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires E Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
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

WEDNESDAY, FEBRUARY 23, 2000

1195

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1411. By Representatives Porter of the 143rd, Smyre of the 136th and Channell of the lllth:
A bill to amend Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, so as to provide for such funding through the Department of Community Health; to amend Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce membership, so as to change the manner of employing administrative staff.

The following Committee substitute was read and adopted:
A BILL
To amend Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, so as to provide for such funding through the Department of Community Health and change the provisions regarding payment amounts; to amend Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce membership, so as to change the manner of employing administrative staff; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, is amended by striking subsections (c) and (d) thereof and inserting in their place the following:
"(c) For each resident receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital, the Board of Rcgcnta of the Univcraity System of Georgia Department of Community Health shall pay no more than $10,000.00 per annum to the hospital authority or designated teaching hospital. Such payments shall be made based upon certifications by the hospital authorities or designated teaching hospitals to the board of regents Department of Community Health. The board of regents Department of Community Health is authorized to designate the Georgia Board for Physician Workforce to promulgate rules and regulations specifying procedures for making the certifications provided for in this Code section and to establish a procedure for making payments to hospital authorities and designated teaching hospitals as provided in this Code section.
(d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the board of rcgcnto Department of Community Health. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teaching hospitals under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The board of regents Department of Community Health shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals."

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JOURNAL OF THE HOUSE

SECTION 2.
Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to Georgia Board for Physician Workforce membership, is amended by striking subsection (d) thereof and inserting in its place the following:
"(d) The Department of Community health, with the concurrence of the board, shall have the authority to employ such administrative staff as is necessary to carry out the functions of the board. Such staff members shall be employed within the limits of the appropriations made to the board."
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 Beneneld Y Birdsong Y Bohannon Y Bordeaux Y Borders
Y Bridges Y Brooks
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 Crmnell
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 Y Ehrhart
Y Epps Evans
Y Everett 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 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
Kaye Y Lane
Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning E Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell
Y Purcell Y Ragas Y Randall
Y Ray Y Reaves
Y Reece Y Reed Y Reese Y Reichert
Y Rice Y Richardson
Y Roberts Y Rogers E Royal Y Sanders
Y Sauder 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 E Stallings Y Stancil
Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes
Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert
Y Trense Y Turnquest Y Twiggs Y Untennan Y Walker, L Y Walker, R.L
Y Watson 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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, FEBRUAEY 23, 2000

1197

HB 1458. By Representatives Parham of the 122nd and Powell of the 23rd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers' licenses, so as to change certain provisions relating to revocation of licenses of persons under age 21 for certain offenses and issuance of new license following revocation; to amend Chapter 8 of Title 42, relating to probation, so as to change certain provisions relating to use of a motor vehicle ignition interlock device as a probation condition.

The report of the Committee, which was favorable to the 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
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 E 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 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
Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning E 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 CWea! 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 Hay Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers E Royal Y Sanders Y Sauder E Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Y Smyre Y Snelling Y Snow Y Squires E Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Tfeylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland
Whitaker Y Wiles
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.
HB 1178. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th and Everett of the 163rd: A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, the "Tax Deferral for the Elderly Act," so as to

1198

JOURNAL OF THE HOUSE

authorize such tax deferral with respect to certain municipal 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 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
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 E Crawford
Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton 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 Jemu'ngs Y Jones Y Joyce
Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning E 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
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 E Royal Y Sanders Y Sauder E Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires E 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 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 159, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Cummings of the 27th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 895. By Representatives Ray of the 128th, Royal of the 164th, Hudson of the 156th, James of the 140th, Jenkins of the 110th and others: A resolution urging the Federal Watershed Nutrient Task Force to write an action plan based on the many voluntary, incentive based measures successfully initiated by farmers.

WEDNESDAY, FEBRUARY 23, 2000

1199

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
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 E 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 Y Epps Y Evans Y Everett
Y Felton Y Floyd Y Franklin
YGolick 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 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
Have Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning E 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
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 E Royal Y Sanders Y Sauder
E Scarlett Y Scheid Y Scott Y Shanahan Y Shaw
Y Shipp Y Sholar
Y Sims Sinkfield Skipper
Y Smith, B
Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Y Smith, P Y Smith, T
Y Smith, V Y Smyre Y Snelling
Y Snow Y Squires B Stallings
Stancil
Y Stanley, P Y 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
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 adoption of the Resolution, the ayes were 158, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1486. By Representatives Buck of the 135th, Taylor of the 134th, Davis of the 132nd, Hugley of the 133rd and Smyre of the 136th: A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for the sheriff's services, so as to provide for application of alternate fees and the disposition of such alternate fees with respect to services performed regarding certain municipal courts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe

Y Bailey Bannister
Y Barnard

Y Barnes Y Benefield Y Birdsong

Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks
Brown

1200
Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox E Crawford Y Cummings Y Davis, M Y Davis, T
Day Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Ehrhart Y Epps Y Evans

JOURNAL OF THE HOUSE

Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard 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 Kaye
Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning E Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O-Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell

Y Purcell Y Ragas Y Randall YRay Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T

Y Smith, V Y Smyre Y Snelling Y Snow Y Squires E Stallings
Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 157, 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 Senate amendments or substitute thereto:
HB 1235. By Representatives Childers of the 13th, McClinton of the 68th, Epps of the 131st, Smith of the 103rd, Smyre of the 136th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create the Commission on Men's Health and provide for its assignment for administrative purposes and for its staff.
The following Senate amendment was read:
Amend HB 1235 by adding immediately after "Senate" on line 24 of page 3 the following:
", one of whom shall be the chairperson of the Senate Health and Human Services Committee or his or her designee".
By adding immediately after "House" on line 26 of page 3 the following:
", one of whom shall be the chairperson of the House Committee on Health and Ecology or his or her designee".

WEDNESDAY, FEBRUARY 23, 2000

1201

Representative Childers of the 15th moved that the House agree to the Senate amendment to HB 1235.

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
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 E 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 N 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 E 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 OTSIeal 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
Sims Y Sinkfield
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 E Snelling Y Snow Y Squires E Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper
Y Tillman Y Tolbert
Trense
Y Turnquest Y Twiggs Y Untennan 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 154, nays 1.
The motion prevailed.
HB 1264. By Representative Bordeaux of the 151st: A bill to amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections; to provide for penalties.
The following Senate substitute was read: A BILL
To amend Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, so as to require reports of collections and disbursements; to repeal conflicting laws; and for other purposes.

1202

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 8 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to funding local victim assistance programs, is amended by adding after subsection (a) of Code Section 15-21-132, relating to assessment of additional sums, a new subsection to read as follows:
"(a.l) The court officer charged with the duty of collecting moneys arising from fines pursuant to this Code section and Code Section 15-21-133 is required to submit to the Criminal Justice Coordinating Council a monthly financial report which states the amount collected and the agencies, organizations, or programs which directly received funds in that same period from said officer in order to allow coordination of local, state, and federal funding sources for similar services."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

Representative Bordeaux of the 151st moved that the House agree to the Senate substitute to HB 1264.

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
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 E 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
YEpps
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 E 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 (XNeal 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 YRay 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
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
E Snelling Y Snow Y Squires E 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

WEDNESDAY, FEBRUARY 23, 2000

1203

On the motion, the ayes were 160, nays 0. The motion prevailed.

HB 1124. By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and DeLoach of the 172nd:
A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net.

The following Senate amendment was read:
Amend HB 1124 by adding "knowingly" immediately following "unlawful to" on line 32 of page 1.

The following amendment was read and adopted:
Representative Lane of the 146th moves to amend the Senate amendment to HB 1124 by inserting at the end thereof the following:
"By striking line 4 of page 1 and inserting in lieu thereof the following:
'to land in this state certain'.
By striking lines 32 through 34 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the following:
'(b) Except for sturgeon taken in accordance with subsection (d) of Code Section 27-491, it shall be unlawful to land in this state any of the species of fish enumerated in Code Section 27-4-130.1 which were taken by means of a gill net. For purposes of this subsection, "to land" fish means to bring the fish to shore in this state in the boat or vessel utilized in taking the fish by means of a gill net, regardless of the jurisdiction from which the fish were taken.'"

Representative Morris of the 155th moved that the House agree to the Senate amendment, as amended by the House, to HB 1124.

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
Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox E 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 Y Epps Y Evans

Y Everett 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 Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

1204
Y Jones Y Joyce
Kaye Y Lane Y Lewis YLord Y Lucas Y Maddox Y Mann Y Manning E Martin, J Y Martin, J.L Y Massey YMcBee Y McCall Y McClinton Y McRinney Y Millar Y Mills Y Mobley

JOURNAL OF THE HOUSE

Y Morris Y Mosley Y Mueller Y CVNeal Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece

Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper

Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre E Snelling Y Snow Y Squires E Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Teague YTteper Y Tillman Y Tblbert YTrense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 163, nays 0.
The motion prevailed.
Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1406 Do Pass, by Substitute
Respectfully submitted, Isl Sinkfield of the 57th
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1448 Do Pass, as Amended SB 334 Do Pass
Respectfully submitted, Is/ Childers of the 13th
Chairman

WEDNESDAY, FEBRUARY 23, 2000

1205

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 887 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
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.

1206

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Thursday, February 24, 2000

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

The roll was called and the following Representatives answered to their names:

Anderson Bailey Barnard Benefield
Birdsong Bohannon Borders Bridges Brooks
Brown Buck Bulloch Bunn Burkhalter Byrd
Callaway Campbell Channell Childers Clark Coan
Coleman, B Connell Cox Crawford

Cummings Davis, M Davis, T DeLoach, B DeLoach, G Dixon Dodson Dukes Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Harbin Heard Heckstall
Hegstrom Hembree Henson

Holland Howard Hudgens E Hudson, H Hudson, N Hugley Jackson, B Jackson, L James Jennings Joyce Kaye Lewis Lord Maddox Manning Martin, J.L Massey McBee McClinton Millar Mills Mobley Mosley

O'Neal Parsons Pelote Pinholster Purcell Randall Ray Reece Reese Reichert Richardson Roberts Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Sholar Skipper Smith, C.W Smith, L

Smith, L.R Smith, P Smith, T Smith, V Snelling Stallings Stancil Stanley-Turner Stephens Taylor Teper Tillman Tolbert Trense Turnquest Twiggs Walker, L West Westmoreland Wiles Williams, R E Wix Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Powell of the 23rd, Houston of the 166th, Walker of the 87th, Parham of the 122nd, Porter of the 143rd, Ragas of the 64th, Unterman of the 84th, Jamieson of the 22nd, Rogers of the 20th, Whitaker of the 7th, Day of the 153rd, Mann of the 5th, Ashe of the 46th, Stokes of the 92nd, Parrish of the 144th, Morris of the 155th, Smith of the 91st, Bordeaux of the 151st, Poag of the 6th, Cash of the 108th, Lane of the 146th, Barnes of the 97th, Martin of the 47th, Smith of the 175th, Dean of the 48th, Watson of the 70th, Coleman of the 142nd, McCall of the 90th, Hanner of the 159th, Sims of the 167th, Rice of the 79th, Ponder of the 160th, Reed of the 52nd, Shipp of the 38th, Stuckey of the 67th, Snow of the 2nd, Jones of the 71st, Orrock of the 56th, Reaves of the 178th, Sinkfield of the 57th, Harrell of the 62nd, Stanley of the 49th, Dix of the 76th, Irvin of the 45th, Cooper of the 31st, Teague of the 58th and Smyre of the 136th.
They wish to be recorded as present.
Prayer was offered by Dr. James Ray, Baptist International Missions, Inc., Chattanooga, Tennessee.

THURSDAY, FEBRUARY 24, 2000

1207

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 1584. By Representatives Houston of the 166th, Jamieson of the 22nd, Walker of the 141st, Greene of the 158th and Ponder of the 160th: A bill to provide for timely notification to school officials of the arrest, taking into custody, conviction, or adjudication of delinquency for felony offenses of students enrolled in elementary and secondary schools; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding superior courts, so as to repeal requirements relating to the court's provision of notice of a student's felony conviction to the local school superintendent; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to repeal requirements relating to the provision of notice of certain convictions or adjudications of delinquency.
Referred to the Committee on Education.
HB 1585. By Representatives Shipp of the 38th, Golick of the 30th, Parsons of the 40th, Sauder of the 29th, Manning of the 32nd and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

1208

JOURNAL OF THE HOUSE

HB 1586. By Representatives Powell of the 23rd and Walker of the 141st:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to change certain provisions relating to insurable interests with reference to personal insurance.
Referred to the Committee on Insurance.

HB 1587. By Representatives Dean of the 48th, McKinney of the 51st, McClinton of the 68th, Reed of the 52nd, Brooks of the 54th and others:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to transfers of executions, so as to delay such transfers of executions of property located within urban redevelopment areas.
Referred to the Committee on Ways & Means.

HB 1588. By Representatives Burkhalter of the 41st and Trense of the 44th:
A bill to provide to certain senior citizens a homestead exemption from certain Fulton County 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 base value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1589. By Representative Reed of the 52nd:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal Chapter 41, known as the "Urban Residential Finance Authorities Act for Large Municipalities"; to enact the "Urban Residential Finance Authorities Act for Large Municipalities and Counties".
Referred to the Committee on State Planning & Community Affairs.

HB 1590. By Representatives Stuckey of the 67th, Bordeaux of the 151st, Alien of the 117th and Ehrhart of the 36th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to provide for a new article regarding the relocation of children subject to custody or visitation orders or agreements; to provide for definitions and applicability; to provide for notices of proposed relocations and changes of residence.
Referred to the Committee on Judiciary.

HB 1591. By Representative Shanahan of the 10th:
A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions eligibility for HOPE scholarships and grants.

THURSDAY, FEBRUARY 24, 2000

1209

February 23, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1591. This notice is made prior to or upon reading the bill the first time.

Referred to the Committee on Education.

/s/ Tom E. Shanahan Representative 10th District

HB 1592. By Representative Reichert of the 126th:
A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the regulation of alcoholic beverages generally, so as to provide for the delivery to consumers of malt beverages and wine by licensed retail grocers engaged in electronic commerce over the Internet.
Referred to the Committee on Regulated Beverages.

HB 1593. By Representatives Rice of the 79th, Trense of the 44th, Cox of the 105th, Watson of the 70th and Shanahan of the 10th:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflict of interest in zoning actions, so as to provide a short title; to change certain provisions relating to disclosure of campaign contributions; to provide for disqualification of local government officials from voting on rezoning actions in certain cases.
Referred to the Committee on Judiciary.

HB 1594. By Representatives Harbin of the 113th, Watson of the 70th, Tolbert of the 25th and Rice of the 79th:
A bill to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to change certain provisions relating to cash surrender benefits.
Referred to the Committee on Insurance.

HB 1595. By Representative Stuckey of the 67th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings, so as to repeal the "Uniform Child Custody Jurisdiction Act"; to enact the "Uniform Child Custody Jurisdiction Enforcement Act"; to provide a short title, definitions, and exemptions from the Act; to provide how courts of this state shall treat Indian tribes and foreign countries in child custody proceedings and enforcement of child custody determinations.
Referred to the Committee on Judiciary.

1210

JOURNAL OF THE HOUSE

HB 1596. By Representatives Bohannon of the 139th, Squires of the 78th, Coleman of the 80th, Houston of the 166th, DeLoach of the 172nd and others:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to provide for the allotment of funds by the State Board of Education to the Georgia National Guard for the operation of youth challenge academies.
Referred to the Committee on Education.

HB 1597. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th, Wix of the 33rd, Grindley of the 35th and others: A bill to create the Marietta Revitalization Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1598. By Representatives Snow of the 2nd, Westmoreland of the 104th, Smith of the 103rd, Hudson of the 120th, Wix of the 33rd and others:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to require the Public Service Commission to post on its website the number of complaints received from the public regarding each company under its supervision and each certificated natural gas marketer.
Referred to the Committee on Industry.

HB 1599. By Representatives Snow of the 2nd, Smith of the 103rd, Hudson of the 120th, Parsons of the 40th, Wix of the 33rd and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to define certain terms; to provide that no natural gas marketer or person or political action committee acting on behalf of a natural gas marketer shall make a campaign contribution to a person holding or seeking the office of member of the Public Service Commission or to a campaign committee of such person.
Referred to the Committee on Industry.

HB 1600. By Representative Reece of the llth: A bill to create a board of elections and registration for Chattooga County and provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1601. By Representative Connell of the 115th:
A bill 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 expressly prohibit accepting for filing, indexing, or recording any nonconforming lien; to provide procedures for expedited cancellation of nonconforming liens filed against government officials or employees based upon the performance or nonperformance of their official duties.

THURSDAY, FEBRUARY 24, 2000

1211

Referred to the Committee on Judiciary.

HR 1119. By Representative Lane of the 146th: A resolution commemorating the life of Mr. Horace V. Wells and designating the "Horace V. Wells Highway".
Referred to the Committee on Transportation.

HR 1120. By Representatives Sims of the 167th, Walker of the 141st, Coleman of the 142nd, Channell of the lllth, Skipper of the 137th and others: A resolution designating the Corporal Howell Cobb Dees, USMC, Bridge.
Referred to the Committee on Transportation.

HR 1121. By Representative Ponder of the 160th: A resolution designating the S. G. Maddox Highway.
Referred to the Committee on Transportation.

HR 1128. By Representative Hudson of the 156th: A resolution compensating certain individuals for damage resulting from surfacing of Bethlehem Church Road in Ben Hill County.
Referred to the Committee on Appropriations.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1575 HB 1576 HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 HB 1582
HB 1583

HR 1091 HR 1092 SB 364 SB 368 SB 398 SB 403 SB 436 SR 480

Pursuant to Rule 52, Representative Scarlett of the 174th moved that the following Bill of the House be engrossed:
HB 1582. By Representatives Scarlett of the 174th and Buck of the 135th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen.
The motion prevailed.

1212

JOURNAL OF THE HOUSE

Pursuant to Rule 52, Representative Kaye of the 37th moved that the following Bill of the House be engrossed:

HB 1583. By Representatives Kaye of the 37th, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Parham of the 122nd and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from state sales and use tax with respect to the sale of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics.
The motion prevailed.

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1426 Do Pass HB 1464 Do Pass

HB 1536 Do Pass, by Substitute SB 399 Do Pass, as Amended

Respectfully submitted, /a/ Hanner of the 159th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1511 Do Pass HB 1559 Do Pass HB 1563 Do Pass HB 1564 Do Pass

HB 1565 Do Pass HB 1567 Do Pass HB 1568 Do Pass HB 1572 Do Pass

Respectfully submitted, lal Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:

THURSDAY, FEBRUARY 24, 2000

1213

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 24, 2000

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS HR 1008 Howard T. Overby National Guard Armory; designate

DEBATE CALENDAR

HB 1118 HB 1224 HB 1231 HB 1255 HB 1294 HB 1303 HB 1326 HB 1361 HB 1396 HB 1404 HB 1405 HB 1430 HB 1452 HB 1509 HB 1510

Rehabilitated historic property; preferential assessment; cert trees Valuation of motor vehicles; amend provisions Financial institutions; amend provisions Hotel-motel tax; imposition; maximum period of occupancy Search warrants by video conference; provisions Special county 1% sales tax; certain transportation facilities Civil actions in magistrate courts; assignee; original obligee Political ads; photographic ID of purchaser; requirements Georgia Veterans Cemetery; provisions Co/mun; water, wastewater, storm-water, & sewer sys; privatization Juveniles; transfer jurisdiction to another court; lower age to 13 City and county service delivery strategies; mediation Income tax; corporations; depository financial institutions Income tax credits; less developed areas; amend provisions Sales tax; exempt cert mfrs; machinery, computer eq, clean rooms

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 1511. By Representatives Campbell of the 42nd, Burkhalter of the 41st and Trense of the 44th:
A bill to reincorporate the City of Roswell in the County of Fulton; to create a new charter for said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1214

JOURNAL OF THE HOUSE

HB 1559. By Representatives Royal of the 164th, Scott of the 165th and Houston of the 166th:
A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to change certain provisions regarding certain discretionary purchases by the county administrator.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1563. By Representatives Buck of the 135th, Davis of the 132nd, Taylor of the 134th, Hugley of the 133rd and Smyre of the 136th:
A bill to amend an Act creating the Muscogee County School District, so as to change the maximum amount for which the superintendent of the board of education may make contracts; to change the maximum amount for which a purchase may be made without affording free competition.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1564. By Representatives Yates of the 106th and Sanders of the 107th: A bill to amend an Act establishing the State Court of Spalding County, so as to change the provisions relating to the judge; to provide that the judge shall be full time; to provide for the election, compensation, powers, duties, authority, and vacancies of said judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1565. By Representative Channell of the lllth: A bill to provide a homestead exemption from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1567. By Representative Channell of the lllth: A bill to provide a homestead exemption from Putnam County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1568. By Representative Martin of the 145th: A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide for the oath of office and for bonds for members of

THURSDAY, FEBRUARY 24, 2000

1215

the board of commissioners; to change the provisions relating to the compensation of members of the board of commissioners; to provide for meetings of the board of commissioners and for a quorum; to change the powers and authority of the chairperson of the board of commissioners; to create the office of county administrator of Candler County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1572. By Representatives Sauder of the 29th, Wiles of the 34th, Golick of the 30th, 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 add an additional judge to the second division of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefieid
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 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 Ployd 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
Holmes Y Houston
Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal Y Orrock 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 Heed Y Reese Y Reichert Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
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 Y Williams, J Y Williams, R E Wix Y Yates
Murphy, Spkr

1216

JOURNAL OF THE HOUSE

On the passage of the Bills, the ayes were 159, 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:
HB 1395. By Representatives Ray of the 128th and James of the 140th: A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the corporate limits of the City of Fort Valley by annexing certain territory into the city.
SB 309. By Senator Polak of the 42nd: 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 change certain provisions regarding the assessment, evaluation, and revaluation of ad valorem taxes in 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; to change certain provisions regarding municipalities contracting with county tax commissioners to assess and collect municipal taxes.
SB 350. By Senators Walker of the 22nd, Johnson of the 1st and Polak of the 42nd: A bill to amend Chapter 4 of Title 43 of the O.C.G.A., relating to architects, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to provide for related matters.
SB 372. By Senators Johnson of the 1st, Cagle of the 49th, Lamutt of the 21st and others: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to prohibit the use of services of state officers and employees during their working hours in furtherance of a candidacy; to prohibit campaign contributions and pledges and the solicitation thereof in government owned buildings; to prohibit the use of state aircraft and vehicles solely for campaign purposes; to require reimburse-

THURSDAY, FEBRUARY 24, 2000

1217

ment when state aircraft or vehicles are used in part for official business and in part for campaign purposes; to provide for related matters; to provide an effective date.

SB 375. By Senators Ragan of the llth, Meyer von Bremen of 12th and Jackson of the 50th:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change definitions and inspection and enforcement provisions relating to food sales establishments and food service establishments; to change the powers and duties of the Commissioner of Agriculture, the Department of Human Resources, and county boards of health.

SB 387. By Senators Price of the 56th and Hecht of the 34th:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a child under the age of 18 years who has a good faith, objectively reasonable basis for concern that such child is the victim of the criminal conduct of another may consent on behalf of the child for recording and divulging a telephonic conversation or an electronic communication between the child and one or more persons; to provide that such recording shall be admissible into evidence.

HB 272. By Representatives Buck of the 135th, Royal of the 164th, Coleman of the 142nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain low-income housing; to exclude certain capital gains income from state taxable net income.

HB 684. By Representatives Birdsong of the 123rd, Roberts of the 162nd, Sims of the 167th and others:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to a certain homestead exemption for disabled veterans and certain surviving family members, so as to change certain references to federal law; to clarify the maximum amount of such exemption which may be granted to a disabled veteran or the unremarried surviving spouse or minor children of any such disabled veteran as of January 1, 1999.

HB 799. By Representative Jamieson of the 22nd:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to eliminate certain restrictions and limitations with respect to the reemployment of retired members.

HB 1137. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" end thereby to incorporate provisions of federal law into Georgia law.

1218

JOURNAL OF THE HOUSE

HB 1181. By Representatives Parham of the 122nd, Graves of the 125th, Twiggs of the 8th 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 1258. By Representatives Martin of the 47th 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.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 472. By Senator Thompson of the 33rd: A resolution designating the Dewey D. Vaughn Memorial Bridge.
SR 612. By Senator Price of the 56th: A resolution recognizing and celebrating March 1, 2000, as Saint David's Day in the State of Georgia.
The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor.
HB 1192. By Representatives Wix of the 33rd and Benefield of the 96th: A bill to amend Code Section 48-10-11 of the Official Code of Georgia Annotated, relating to the prohibition of the operation of two-axle trailers of four or more wheels without certain brakes, so as to provide for an exception for certain trailers and semitrailers.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 309. By Senator Polak of the 42nd: 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 change certain provisions regarding the assessment, evaluation, and revaluation of ad valorem taxes in any municipal corporation which lies in two or more coun-

THURSDAY, FEBRUARY 24, 2000

1219

ties 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; to change certain provisions regarding municipalities contracting with county tax commissioners to assess and collect municipal taxes.
Referred to the Committee on State Planning & Community Affairs.

SB 350. By Senators Walker of the 22nd, Johnson of the 1st and Polak of the 42nd:
A bill to amend Chapter 4 of Title 43 of the O.C.G.A., relating to architects, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to provide for related matters.
Referred to the Committee on Industry.

SB 372. By Senators Johnson of the 1st, Cagle of the 49th, Lamutt of the 21st and others:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to prohibit the use of services of state officers and employees during their working hours in furtherance of a candidacy; to prohibit campaign contributions and pledges and the solicitation thereof in government owned buildings; to prohibit the use of state aircraft and vehicles solely for campaign purposes; to require reimbursement when state aircraft or vehicles are used in part for official business and in part for campaign purposes; to provide for related matters; to provide an effective date.
Referred to the Committee on Rules.

SB 375. By Senators Ragan of the llth, Meyer von Bremen of the 12th and Jackson of the 50th:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change definitions and inspection and enforcement provisions relating to food sales establishments and food service establishments; to change the powers and duties of the Commissioner of Agriculture, the Department of Human Resources, and county boards of health.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 387. By Senators Price of the 56th and Hecht of the 34th:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a child under the age of 18 years who has a good faith, objectively reasonable basis for concern that such child is the victim

1220

JOURNAL OF THE HOUSE

of the criminal conduct of another may consent on behalf of the child for recording and divulging a telephonic conversation or an electronic communication between the child and one or more persons; to provide that such recording shall be admissible into evidence.

Referred to the Committee on Judiciary.

SR 472. By Senator Thompson of the 33rd: A resolution designating the Dewey D. Vaughn Memorial Bridge.
Referred to the Committee on Transportation.

Representative Walker of the 141st moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the Senate:
SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection.

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 N Bohannon
Y Bordeaux Y Borders N Bridges N Brooks
N Brown Y Buck Y Buckner Y Bulloch
N Bunn Burkhalter
Y Byrd N Callaway N Campbell Y Cash
Y Channell Y Childers N Clark N Coan N Coleman, B Y Coleman, T
Y Connell N Cooper N Cox

N Crawford
Y Cummings N Davis, M Y Davis, T Y Day
Y Dean Y DeLoach, B N DeLoach, G N Dix Y Dixon
Y Dodson Y Dukes N Ehrhart Y Epps
N Evans N Everett N Felton Y Floyd
N Franklin Y Golick Y Graves Y Greene N Grindley
N Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y HeckstaU
Y Hegstrom N Hembree Y Henson Y Holland

Y Holmes
Y Houston Y Howard N Hudgens E Hudson, H Y Hudson, N
Y Hugley N Irvin N Jackson, B Y Jackson, L
Y James Y Jamieson Y Jenkins N Jennings
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
McKinney N Millar N Mills

Y Mobley Y Morris
Mosley Mueller Y OTSTeal Orrock
Y Parham Y Parrish Y Parsons
Y Pelote N Pinholster Y Poag
Ponder Y Porter Y Powell
Y Purcell Y Ragas Y Randall
Ray Reaves Y Reece Y Reed N Reese Y Reichert
Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders
Y Sauder Y Scarlett Y Scheid

N Scott Y Shanahan
Y Shaw Y Shipp Y Sholar Y Sims
Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W
Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T
N Smith, V Y Smyre N Snelling Y Snow Y Squires
Y Stallings N Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tblbert
Y Trense

Turnquest Y Twiggs N Unterman

THURSDAY, FEBRUARY 24, 2000

Y Walker, L N Walker, R.L Y Watson

Y West N Westmoreland Y Whitaker

N Wiles N Williams, J Y Williams, R

1221
E Win N Yates
Murphy, Spin-

On the motion, the ayes were 111, nays 52. The motion prevailed.

Representative Mosley of the 171st 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 Trense of the 44th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Massey of the 86th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 1008. By Representatives Rogers of the 20th, Murphy of the 18th, Connell of the 115th, Twiggs of the 8th and Coleman of the 142nd: A resolution designating the Howard T. Overby Natinal Guard Armory in Gainesville.

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
Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks
Y Brown Y Buck
Buckner Y Bulloch
Y Bunn Burkhalter Byrd
Y Callaway

Campbell Y Cash
Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Y Connell Y Cooper Y Cox
Y Crawford Y Cummings Y Davis, M
Y Davis, T Y Day 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 Banner
Y Harbin E Harrell Y Heard Y Heckstall
Y Hegstrom Hembree
Y Henson Y Holland

Y Holmes Y Houston
Y Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley
Irvin
Y Jackson, B Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings
Y Jones Y Joyce Y Kaye Y Lane
Y Lewis Y Lord Y Lucas Y Maddox

Y Mann Y Manning
Y Martin, J 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 CWeal Y Orrock Y Parham
Y Parrish Y Parsons Y Pelote Y Pinholster

1222
YPoag 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

Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims

Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires

Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest

Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R E Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 162, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1452. By Representatives Parrish of the 144th, Buck of the 135th, Hanner of the 159th, Ehrhart of the 36th and Channell of the lllth:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions regarding income taxation of corporations; to provide for an income tax credit with respect to the amount of certain taxes paid by depository financial institutions; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to change certain provisions regarding local business license tax on depository financial institutions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd E Callaway
Campbell Y Cash Y Channell Y Childers Y Clark

E Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G
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 Grindley
Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom
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 Y McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley
Mueller Y OTSfeal 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
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

THURSDAY, FEBRUARY 24, 2000

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
Unterman Y Walker, L Y Walker, R.L Y Watson

1223
Y West Y Westmoreland Y Whitaker Y Wiles E Williams, J Y Williams, R E Wix Y Yates
Murphy, Spin-

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Coleman of the 142nd assumed the Chair.
HB 1430. By Representatives Royal of the 164th, Walker of the 141st, Stancil of the 16th, Shanahan of the 10th, Greene of the 158th and others:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change certain provisions regarding approval of local government service delivery strategies; to provide for comprehensive procedures regarding mediation and dispute resolution regarding city and county service delivery strategies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd E Callaway Y Campbell
Y Cash Y Channel! Y Childers Y Clark E Coan Y Coleman, B
Coleman, T Y Connell
Y Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Hammontree Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton

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
Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

1224
Y league 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 E Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1303. By Representative Benefield of the 96th: A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, so as to authorize use of tax proceeds for capital outlay projects consisting of certain transportation facilities.

The report of the Committee, which was favorable to the 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
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner
Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
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 YRay 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 Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman
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 E 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.

THURSDAY, FEBRUARY 24, 2000

1225

Representative Tolbert of the 25th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1224. By Representatives Stancil of the 16th and Royal of the 164th:
A bill to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioners's determination of the valuation of motor vehicles.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

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
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
Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes N Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
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 N McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

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
Shaw Y Shipp Y Sholar Y Sims Y SinkBeld 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 Tkylor
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 E Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 2. The Bill, having received the requisite constitutional majority, was passed.
Representative Houston of the 166th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

1226

JOURNAL OF THE HOUSE

HB 1294. By Representatives Teper of the 61st, Smith of the 12th and Shanahan of the 10th:
A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that a judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that a judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference; to provide that search warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony; to provide that the affiant participating in a search warrant application by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents; to provide that the judge participating in a search warrant application by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents; to provide that such applications shall be deemed to be written within the meaning of Code Section 17-5-21; to provide that such authorization shall be deemed to comply with the issuance requirements provided for in Code Section 17-5-22; to provide that a judge hearing matters pursuant to this Act shall administer an oath to any person testifying by means of a video conference; to provide that a video recording of the application hearing and any documents submitted in conjunction with the application shall be maintained as part of the record; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, is amended by adding between Code Sections 17-5-21 and 17-522 a new Code Section 17-5-21.1 to read as follows:
"17-5-21.1.
(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference.

THURSDAY, FEBRUARY 24, 2000

1227

(b) Search warrant applications heard by video conference shall be conducted in a manner to ensure that the judge conducting the hearing has visual and audible contact with all affiants and witnesses giving testimony.

(c) The affiant participating in a search warrant application by video conference shall sign the affidavit for a search warrant and any related documents by any reasonable means which identifies the affiant, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the person signing the affidavit and any related documents. The judge participating in a search warrant application by video conference shall sign the affidavit for a search warrant, the search warrant, and any related documents by any reasonable means which identifies the judge, including, but not limited to, his or her typewritten name, signature affixed by electronic stylus, or any other reasonable means which identifies the judicial officer signing the affidavit and warrant and any related documents. Such applications shall be deemed to be written within the meaning of Code Section 17-5-21. Such authorization shall be deemed to comply with the issuance requirements provided for in Code Section 17-5-22.

(d) A judge hearing matters pursuant to this Code section shall administer an oath to any person testifying by means of a video conference.

(e) A video recording of the application hearing and any documents submitted in conjunction with the application shall be maintained as part of the record."

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
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 YByrd Y Callaway
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 Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

Y Lewis Y Lord Y Lucas Y Maddox Y Mann
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 YHay 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

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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 Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y leper 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 E Wix Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative 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 1396. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Buck of the 135th and others:
A bill to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, so as to provide for the establishment of a Georgia Veterans Cemetery; to provide for eligibility for interment in the Georgia Veterans Cemetery; to provide that the Department of Veterans Service has the primary responsibility for verifying eligibility for interment in the Georgia Veterans Cemetery.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, so as to provide for the establishment of a Georgia Veterans Cemetery; to provide for eligibility for interment in the Georgia Veterans Cemetery; to provide that the Department of Veterans Service has the primary responsibility for verifying eligibility for interment in the Georgia Veterans Cemetery; to provide for control of the Georgia Veterans Cemetery and application for interment; to provide that the Department of Veterans Service is designated as the agency of this state to receive federal aid and other sources of income to assist the state in establishing, operating, and maintaining a veterans' cemetery; to provide that the Department of Veterans Service is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, is amended by striking in its entirety Part 3, relating to the establishment of a war veterans cemetery and eligibility for interment, and inserting in lieu thereof a new Part 3 to read as follows:

THURSDAY, FEBRUARY 24, 2000

1229

38-4-70.

"Part 3

(a) The Veterans Service Board Department of Veterans Service is authorized to establish, operate, and maintain a Georgia War Vctcrana Veterans Cemetery in this state.
(b) Only 'war veterans' aa defined in Code Section 38 1 60 and their unremarried apouac3 ahall be eligible for interment in the Georgia War Vctcrana Cemetery. The Department of Veterans Service has the primary responsibility for verifying eligibility for interment in the Georgia Veterans Cemetery. Eligibility criteria for interment in the Georgia Veterans Cemetery is the same as required for interment in a national cemetery as provided by federal law and rules and regulations applicable thereto; provided, however, that to be eligible for interment a veteran must have been a legal resident of Georgia for two years immediately prior to his or her death.
38-4-71.

(a) The Georgia War Vctcrana Veterans Cemetery shall be under the control and administration of the Vctcrana Service Board Department of Veterans Service.
(b) Applications for interment in the Georgia War Vctcrana Veterans Cemetery shall be processed in accordance with rules and regulations promulgated by the Vctcrana Service Board Department of Veterans Service.
38-4-72.
The Vctcrana Service Board Department of Veterans Service is designated as the agency of this state to receive federal aid under Title 38 U.S.C., as amended, and is authorized and directed to receive from the United States Department of Veterans Affairs or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating, and maintaining a veterans' cemetery. The Vctcrano Service Board Department of Veterans Service is authorized to receive gifts, contributions, bequests, and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the Vctcrana Service Board Department of Veterans Service pursuant to this Code section shall be expended to establish, operate, and maintain a veterans' cemetery in this state. The Veterans Service Board Department of Veterans Service is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this part."
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 Callaway Campbell
Y Cash Y Channel!

1230
Y Childers Y Clark
Coan Y Coleman, B
Coleman, T Cornell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T YDay 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

JOURNAL OF THE HOUSE

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 E Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas

Y Maddox Y Mann
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray

Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre

Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense 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 E 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 1255. By Representatives Dodson of the 94th, Buck of the 135th, O'Neal of the 75th, Wix of the 33rd, Benefield of the 96th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal taxation of hotel and motel and other rooms, lodgings, and accommodations, so as to change the maximum period of occupancy with respect to which such taxes may be imposed.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal taxation of hotel and motel and other rooms, lodgings, and accommodations, so as to change the maximum period of occupancy with respect to which such taxes may be imposed; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 24, 2000

1231

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal taxation of hotel and motel and other rooms, lodgings, and accommodations, is amended by striking subparagraph (a)(l)(C) and inserting in its place a new subparagraph to read as follows:
"(C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty.
(ii) The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten 30 days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter.
(iii) The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge.
(iv) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business."
SECTION 2.
This Act shall become effective July 1, 2000, and shall apply with respect to periods of continuous occupancy of rooms, lodgings, and accommodations commencing on or after that effective date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Alien Y Anderson Y Ashe Y Bailey N Bannister N Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux Y Borders
Bridges N Brooks N Brown

Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Byrd N Callaway Y Campbell N Cash
Channell N Childers N Clark N Coan Y Coleman, B
Coleman, T

Y Connell N Cooper N Cox N Crawford Y Cummings N Davis, M Y Davis, T Y Day
Dean N DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson
Dukes

N Ehrhart N 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 N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes Y Houston N Howard N Hudgens E Hudson, H Y Hudson, N N Hugley
Irvin N Jackson, B

1232
Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye N Lane N Lewis Y Lord Y Lucas N Maddox N Mann Y Manning
Martin, J N Martin, J.L N Massey Y McBee Y McCall N McClinton

JOURNAL OF THE HOUSE

McKinney N Millar N Mills N Mobley Y Morris Y Mosley Y Mueller Y O'Neal N Orrock Y Parham Y Parrish N Parsons N Pelote N Pinholster Y Poag N Ponder Y Porter Y Powell Y Purcell N Hagas Y Randall

N Ray Reaves
Y Reece N Reed N Reese Y Reichert N Rice N Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder
Scarlett N Scheid N Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims

N Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow N Squires Y Stallings N Stancil
Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey

N Taylor N league Y Teper Y Tillman Y Tolbert Y Trense N Turnquest N Twiggs Y Untennan Y Walker, L N Walker, R.L N Watson N West
Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R E Wix N Yates Y Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 81, nays 84.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Harbin of the 113th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Dodson of the 94th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1255.
HB 1231. By Representatives Parrish of the 144th, Stallings of the 100th, Ragas of the 64th, Floyd of the 138th and Howard of the 118th: A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to change certain definitions; to change certain notice requirements for a merger when a party is a failed or failing bank; to allow the Department of Banking and Finance to modify certain qualifying or limiting requirements imposed by this chapter; to expand certain operating powers of banks and trust companies.
The following amendment was read:
Representative Franklin of the 39th moves to amend HB 1231 by adding in the title on line 7 of page 1 between the semicolon and the word "to" the following:
"to require banks and trust companies to provide certain information relating to fingerprint requirements to the commissioner of banking and finance; to require the commissioner of banking and finance to certify certain information relating to banks and trust companies to the director of the Office of Treasury and Fiscal Services, the Georgia State Financing and Investment Commission, and the State Depository Board;".
By adding at the end of line 9 of page 2 the following:

THURSDAY, FEBRUARY 24, 2000

1233

"amend Article 1 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to state debt, investment, and depositories, so as to provide that the director of the Office of Treasury and Fiscal Services, the Georgia State Financing and Investment Commission, and the State Depository Board shall be prohibited from depositing any funds in, investing with, or contracting for financial services with any bank or trust company which has been certified by the commissioner of banking and finance as an institution which requires fingerprints from noncustomers in banking transactions pursuant to Code Section 7-1-61.1; to".
By adding between lines 2 and 3 on page 7 a new Section 3.1 to read as follows:
"SECTION 3.1.
Said chapter is further amended by adding between Code Sections 7-1-61 and 7-1-62 a new Code Section 7-1-61.1 to read as follows:
'7-1-61.1.

(a) Notwithstanding any other provision of this title, each bank and trust company operating in this state under the jurisdiction of the Department of Banking and Finance shall be required to notify the commissioner if such bank or trust company requires under any circumstances a fingerprint from a noncustomer in a banking transaction.
(b) The commissioner shall be required to certify to the director of the Office of Treasury and Fiscal Services, the Georgia State Financing and Investment Commission, and the State Depository Board the names of all banks and trust companies in this state which require under any circumstances a fingerprint from a noncustomer in a banking transaction.'"
By adding between lines 32 and 33 on page 41 a new Section 33.1 to read as follows:
"SECTION 33.1.
Article 1 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to state debt, investment, and depositories, is amended by adding at the end thereof a new Code Section 50-17-3 to read as follows:
'50-17-3.

The director of the Office of Treasury and Fiscal Services, the Georgia State Financing and Investment Commission, and the State Depository Board shall be prohibited from depositing any funds in, investing with, or contracting for financial services with any bank or trust company which has been certified by the commissioner of banking and finance as an institution which requires fingerprints from noncustomers in banking transactions pursuant to Code Section 7-1-61.1. The provisions of this Code section shall also apply to the investment and reinvestment of funds in the local government investment pool under the custody of the State Depository Board pursuant to Chapter 83 of Title 36.'"

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 Y Brooks Y Brown

N Buck N Buckner
N Bulloch Bunn
Y Burkhalter

Byrd Y Callaway
Y Campbell N Cash N Channell

1234
N Childers N Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T Y Day
Dean Y DeLoach, B N DeLoach, G N Dix
Dixon N Dodson N Dukes
Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene Y Grindley

JOURNAL OF THE HOUSE

N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens E Hudson, H N Hudson, N N Hugley
Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings Y Jones Y Joyce Y Kaye N Lane N Lewis N Lord N Lucas

N Maddox N Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N CWeal 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 N Reed Y Reese
N Reichert
N Rice Y Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid N Scott N Shanahan 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 N Smith, V N Smyre

N Snelling N Snow
N Squires
N Stallings Stancil Stanley, P
N Stanley-Turner
N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense
N Turnquest
N Twiggs N Unterman
N Walker, L Y Walker, R.L N Watson N West
Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R E Wix Y Yates
N Murphy, Spkr

On the adoption of the amendment, the ayes were 30, nays 136. 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
Byrd Y Callaway Y Campbell Y Cash Y Channell

Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton

Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee 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

THURSDAY, FEBRUARY 24, 2000

Y Sholar Y Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L
Y Smith, L.R Y Smith, P Y Smith, T

Y Smith, V Y Smyre
Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P
Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor
Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest
Y Twiggs Y Unterman Y Walker, L

1235
Y Walker, H.L Y Watson Y West
Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R E Wix Y Yates Y Murphy, Spkr

On the passage of the Bill, the ayes were 171, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House in recess until 1:45 o'clock this afternoon.

1236

JOURNAL OF THE HOUSE

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1129. By Representatives Henson of the 65th, Ragas of the 64th, Watson of the 70th, Brooks of the 54th, Jones of the 71st and others: A resolution recognizing the Stone Mountain Freedom Bell.
HR 1130. By Representative Greene of the 158th: A resolution recognizing and commending Louise Fellows Sealy.
HR 1131. By Representatives McBee of the 88th, Heard of the 89th and Hudgens of the 24th: A resolution recognizing and commending the Relay for Life sponsored by the University of Georgia chapter of the American Cancer Society.
HR 1132. By Representatives Wix of the 33rd, Murphy of the 18th and Hanner of the 159th: A resolution recognizing and commending James Herbert "Herb" Butler.
HR 1133. By Representative Coan of the 82nd: A resolution commending Timothy David Wade.
HR 1134. By Representatives Stuckey of the 67th, McClinton of the 68th and Mobley of the 69th: A resolution recognizing and commending Renfroe Middle School and the Professional Association of Georgia Educators (PAGE) Foundation and the Academic Bowl for Middle Grades.
HR 1135. By Representative Coan of the 82nd: A resolution commending J. Fulton Stone.
HR 1136. By Representative Coan of the 82nd: A resolution commending David George Quintero.
HR 1137. By Representatives Houston of the 166th, Smith of the 109th, Greene of the 158th, OTSIeal of the 75th, Stanley of the 50th and others: A resolution congratulating Honorable Sally Roettger Harrell and James Robert Harrell on the birth of their son.

THURSDAY, FEBRUARY 24, 2000

1237

HR 1138. By Representatives Houston of the 166th, Smith of the 109th, Greene of the 158th, OTSTeal of the 75th, Stanley of the 50th and others:
A resolution expressing congratulations to the family of Harlan Jennings Stokes.

HR 1139. By Representative Floyd of the 138th:
A resolution recognizing the state's forest products industry and commending the creation of the Sustainable Forestry Initiative.

HR 1140. By Representative Greene of the 158th: A resolution recognizing and commending Elizabeth King Stapleton.

HR 1141. By Representative Greene of the 158th: A resolution recognizing and commending Elizabeth Gay Estes.

HR 1142. By Representative Greene of the 158th: A resolution recognizing and commending Rebecca Proctor Bowen.

HR 1143. By Representative Greene of the 158th: A resolution recognizing and commending Ada Elizabeth Hall Ingram.

HR 1144. By Representative Greene of the 158th: A resolution recognizing and commending Mable Kate Foster.

HR 1145. By Representative Greene of the 158th:
A resolution recognizing and commending Emily Caraway Ferryman Tillman.

HR 1146. By Representatives Buck of the 135th, Davis of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smyre of the 136th and others:
A resolution expressing regret at the passing of Charles Robert Eason.

HR 1147. By Representative Jamieson of the 22nd: A resolution commending the Reverend William Henry Fields.

HR 1148. By Representative Skipper of the 137th:
A resolution recognizing and commending Joey Money, Lindy Williams, Kim Harmon, Grace Money, and Micah Money for winning the 4-H State Land Judging Contest.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Alien
Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes

Y Benefield
Y Birdsong Y Bohannon Y Bordeaux
Borders Bridges Brooks

Y Brown Y Buck
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 Crawford
Y Cummings

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Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G YDix
Dixon Y Dodson
Dukes Ehrhart Epps Y Evans Everett Y Felton Floyd Y Franklin Y Golkk Y Graves Y Greene Grindley Y Hammontree Y Banner Y Harbin Y Barrel! Beard Heckstall Y Begstrom Bembree

JOURNAL OF THE HOUSE

Henson Y Bolland
Bolmes Houston Y Howard Y Budgens Y Hudson, H Y Budson, N Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones Y Joyce YKaye Lane Lewis Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Martin, J.L Massey

Y McBee McCall McClinton McKinney Millar
Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal
Orrock Parham Y Parrish Y Parsons Pelote Y Pinholster Poag Ponder Porter Powell Purcell Y Ragas Randall Ray Reaves Reece Reed Y Reese

Y Reichert Y Rice Y Richardson
Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett Scheid Y Scott Y Shanahan Y Shaw Shipp Y Sholar Sims Sinkfield Y Skipper Y Smith, B Smith, C Smith, C.W Y Smith, L Smith, L.R Y Smith, P Y Smith, T Y Smith, V Smyre Y Snelling Y Snow

Squires Stallings Y Stancil Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Tillman Y Tolbert 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 Williams, R E Wix Y Yates Murphy, Spkr

On the adoption of the Resolutions, the ayes were 103, nays 0.
The Resolutions were adopted.
Representative Purcell of the 147th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Resolution of the Senate was read and adopted: SR 612. By Senator Price of the 56th
A RESOLUTION
Recognizing and celebrating March 1, 2000, as Saint David's Day in the State of Georgia; and for other purposes.
WHEREAS, Honorable Roy Barnes, Governor of the State of Georgia, has proclaimed March 1, 2000, as Saint David's Day in the State of Georgia; and
WHEREAS, since the founding of our nation, people of Welsh heritage have made their home in Georgia and have become leaders in government, education, business, and science; and
WHEREAS, in Wales and in other areas where Welsh women and men reside, March 1 has traditionally been observed as Saint David's Day as a tribute to the patron saint of Wales who died on that day in the year 589; and

THURSDAY, FEBRUARY 24, 2000

1239

WHEREAS, it is only fitting that the citizens of this state join with the Saint David's Welsh Society of Georgia in recognizing and celebrating the cultural heritage and contributions to our state of these proud Celtic people.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize and celebrate March 1, 2000, as Saint David's Day in the State of Georgia.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Saint David's Welsh Society of Georgia.

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1097 Do Pass, by Substitute
Respectfully submitted, /a/ Jenkins of the 110th
Chairman

Representative Coleman of the 142nd assumed the Chair.

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 1404. By Representatives Sauder of the 29th, Hanner of the 159th, Walker of the 141st, Smyre of the 136th, Irvin of the 45th and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private entitites for the operation and maintenance of its waste-water treatment system, storm-water system, water system, or sewer system, which leases or contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions.

The following Committee substitute was read and adopted: A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private entities for the operation and maintenance of its waste-water treatment system, storm-water

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system, water system, or sewer system, which leases or contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions; to provide for the acceptance of competitive sealed proposals for such leases and contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, is amended by striking in its entirety Code Section 36-60-15.1, relating to the operation and maintenance of water treatment systems by private entities, and inserting in its place a new Code section to read as follows:
"36-60-15.1.

Notwithstanding any other provision of law to the contrary, any county or municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 20 years to provide for the operation and maintenance of all or a portion of its waste-water treatment system, atormwatef storm-water system, water system, or sewer system, or any combination of such systems, which leases and contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions. If a contract or lease to be awarded pursuant to this Code section includes provisions for the construction of public works, the laws relating to the procurement of such contracts shall also apply; provided, however, that any bonding requirements shall apply only to the construction provisions of the contract or lease. Prior to entering into a lease or contract pursuant to this Code section, the governing authority shall solicit competitive sealed proposals. The governing authority shall first establish criteria for evaluation of any applicants bidding submitting proposals on such leases or contracts for the purpose of assisting the governing authority in making a review of such applicants' previous performance on projects of comparable magnitude, the environmental compliance record of such applicants, and any relevant civil or criminal penalties incurred by such applicants during the five years immediately preceding the execution of the lease or contract. The governing authority shall take into consideration such information to assist it in determining the eligibility of any applicant. The award of a lease or contract pursuant to this Code section shall be made to the responsible and responsive applicant whose proposal is determined in writing to be the most advantageous to the governmental entity, taking into consideration the evaluation factors set forth in the request for proposals. All information required by the county or municipality pursuant to this Code section shall be provided by the applicant under oath. For purposes of this Code section, 'applicant' means any individual, firm, association, or corporation submitting a proposal on such leases or contracts."
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.

THURSDAY, FEBRUARY 24, 2000

1241

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 Bailey E Bannister Y Barnard Y Barnes Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Y Cornell Y Cooper Y Cox Crawford Y 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 Y Everett Y Felton Floyd Y Franklin Y Golick Y Graves Y Greene Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Heard Heckstall Y Hegstrom Y Hembree Henson Y Holland Holmes Houston Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin Jackson, B Jackson, L James Jamieson Jenkins Jennings Jones
Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas Y Maddox
Mann Y Manning Y Martin, J
Martin, J.L Massey Y McBee McCall Y McClinton McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Mueller Y OTSTeal Y Orrock Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Ponder Porter Powell Y Purcell Y Ragas Randall Ray Reaves Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar 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 Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper 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 E Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1118. By Representatives Burkhalter of the 41st and Graves of the 125th: A bill to amend Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, so as to provide for the inclusion of expenditures incurred in preserving specimen trees.
The following Committee substitute was read and adopted:

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A BILL
To amend Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, so as to provide for the inclusion of expenditures incurred in preserving specimen trees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, is amended by striking subsection (e) thereof and inserting in its place the following:
"(e) Upon receipt of final certification from the Department of Natural Resources, a property owner desiring classification of any such historic property as rehabilitated historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include the order of final certification with such application. The county board of tax assessors shall determine if the value of the building or structure has been increased in accordance with the provisions of subparagraph (a)(l)(B) of this Code section; provided, however, that, if the property owner can document expenditures on rehabilitation of owner occupied property of not less than 50 percent of the fair market value of the building or structure at the time of the preliminary certification of the property, or, in the case of income-producing property, expenditures on rehabilitation of such property of not less than 100 percent of the fair market value of the building or structure at the time of preliminary certification of the property, or, in the case of real property used primarily as residential property but partially as income-producing property, expenditures on rehabilitation of such property of not less than 75 percent of the fair market value of the building or structure at the time of preliminary certification of the property, the county board of tax assessors shall be required to grant preferential assessment to such property. For the purposes of this subsection, the term 'fair market value' shall mean the fair market value of the building or structure, excluding the provisions of subparagraph (C) of paragraph (3) of Code Section 48-5-2; and such rehabilitation expenditures shall also include expenditures incurred in preserving specimen trees upon not more than two acres of real property surrounding the building or structure. As used in this Code section, the term 'specimen tree' means any tree having a trunk diameter of 30 inches or more. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311."
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:

THURSDAY, FEBRUARY 24, 2000

1243

Alien Anderson Y Ashe Bailey E Bannister Y Barnard Y Barnes Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Y Connell Y Cooper Y Cox Crawford Y Cummings Davis, M

Y Davis, T YDay
Dean Y DeLoach, B Y DeLoach, G YDix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Jackson, L James Jamieson 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
Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y Cmeal Y Orrock
Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Ponder Porter Powell Y Purcell Y Eagas Randall Hay 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 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
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Taylor Y Teague Y Teper Tillman Y Tolbert Y Trense 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 E Wix Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Henson of the 65th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 1405. By Representatives Connell of the 115th, Williams of the 114th and Harbin of the 113th: A bill to amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, so as to lower from 15 to 13 years the age at which a juvenile may be transferred to another court.
The following Committee substitute was read:

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A BILL
To amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, so as to provide that a juvenile may be transferred to another court at age 13 for alleged aggravated battery in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) After Except aa otherwise provided in aubacetion (b) of thia Code section, after a petition has been filed alleging delinquency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if:
(1) A hearing on whether the transfer should be made is held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31;
(2) Notice in writing of the time, place, and purpose of the hearing is given to the child and his or her parents, guardian, or other custodian at least three days before the hearing;
(3) The court in its discretion determines there are reasonable grounds to believe that:
(A) The child committed the delinquent act alleged;
(B) The child is not committable to an institution for the mentally retarded or mentally ill; and
(C) The interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and
(4) The child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in a penal institution or the child committed aggravated battery resulting in serious bodily injury to a victim."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read:
Representatives Connell of the 115th and Martin of the 47th move to amend the Committee substitute to HB 1405 by striking in its entirety line 5 of page 1 and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 24, 2000

1245

"another court at age 13 or 14 for trial regarding alleged aggravated battery in ".
By striking in their entirety lines 6 through 11 of page 2 and inserting in lieu thereof the following:
"(4) The child:
(A) was Was at least 15 years of age at the time of the alleged delinquent conduct; or
(B) the child waa Was 13 or 14 years of age and either committed an act for which the punishment is loss of life or confinement for life in a penal institution or committed aggravated battery resulting in serious bodily injury to a victim."

Representative Reichert of the 126th moves to amend the Connell amendment to the Committee substitute to HB 1405 as follows:
Page 1, line 16 after the word "battery" insert
"accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty, depravity of mind or a malignant heart," with said battery

Representative James of the 140th moved that HB 1405 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderaon N Ashe N Bailey E Bannister N Barnard N Barnes N Benefield Y Birdsong N Bohannon Y Bordeaux N Borders N Bridges Y Brooks N Brown Y Buck N Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Clark N Coan
Coleman, B Coleman, T
N Connell N Cooper N Cox N Crawford N Cummings N Davis, M

N Davis, T N Day N Dean
N DeLoach, B N DeLoach, G N Dix N Dixon
N Dodson Y Dukes
N Ehrhart Y Epps N Evans N Everett N Pelton
Floyd N Franklin N Golick N Graves
Y Greene N Grindley N Hammontree N Hanner N Harbin
N Harrell Y Heard Y Heckstall Y Hegstrom
N Hembree N Henson N Holland Y Holmes
Y Houston Y Howard N Hudgens
Hudson, H
N Hudson, N

Y Hugley N Irvin
N Jackson, B Y Jackson, L Y James N Jamieson
N Jenkins N Jennings
Jones
N Joyce N Kaye
N Lane N Lewis Y Lord
Lucas
Y Maddox N Mann N Manning N Martin, J N Martin, J.L
Massey Y McBee
McCall Y McClinton Y McKinney
N Millar N Mills Y Mobley N Morris
N Mosley N Mueller N O'Neai Y Orrock
N Parham N Parrish N Parsons

Y Pelote Pinholster
N Poag Ponder
N Porter N Powell N Purcell Y Ragas
Y Eandall
N Ray N Reaves Y Reece Y Reed Y Reese
N Reichert N Rice N Richardson Y Roberts
N Rogers N Royal
N Sanders N Sauder N Scarlett
Y Scheid N Scott N Shanahan
Shaw
N Shipp N Sholar N Sims
Sinkfield
N Skipper N Smith, B
Smith, C N Smith, C.W N Smith, L

N Smith, L.R N Smith, P
N Smith, T Y Smith, V Y Smyre N Snelling Y Snow
N Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner
N Stephens N Stokes Y Stuckey Y Taylor Y Teague
Y Teper Y Tillman N Tolbert N Trense
Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L
Y Watson N West N Westmoreland N Whitaker
N Wiles N Williams, J N Williams, R Y Wix
N Yates Murphy, Spkr

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JOURNAL OF THE HOUSE

On the motion, the ayes were 48, nays 116. The motion was lost.

On the adoption of the Reichert amendment to the Connell amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe Y Bailey E Bannister N Barnard Y Barnes Y Benefield N Birdsong N Bohannon Y Bordeaux N Borders N Bridges Y Brooks N Brown Y Buck N Buckner Y Bulloch Y Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash N Channel! N Childers N Clark N Coan N Coleman, B
Coleman, T Connell N Cooper N Cox N Crawford Y Cummings N Davis, M

N Davis, T
Y Day Y Dean N DeLoach, B N DeLoach, G N Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans N Everett N Felton N Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin E Harrell Y Heard Y Heckstall N Hegstrom N Hembree
Henson Y Holland Y Holmes Y Houston N Howard N Hudgens N Hudson, H E Hudson, N

Y Hugley N Irvin N Jackson, B N Jackson, L Y James N Jamieson N Jenkins N Jennings
Jones N Joyce N Kaye
Lane N Lewis Y Lord Y Lucas
Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey Y McBee N McCall Y McClinton Y McKinney
Millar N Mills Y Mobley Y Morris N Mosley N Mueller Y O'Neal Y Orrock N Parham N Parrish N Parsons

Y Pelote N Pinholster Y Poag
Ponder Y Porter
Powell Y Purcell Y Ragas Y Randall N Ray Y Reaves N Reece Y Reed
Y Reichert N Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scarlett N Scheid N Scott Y Shanahan
Shaw N Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B N Smith, C N Smith, C.W N Smith, L

N Smith, L.R Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling Y Snow N Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens N Stokes Y Stuckey Y Taylor N Teague Y Teper Y Tillman N Tolbert N Trense
Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Whitaker N Wiles N Williams, J N Williams, R Y Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 67, nays 97. The amendment was lost.
Representatives Connell of the 115th and Martin of the 47th 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.

THURSDAY, FEBRUARY 24, 2000

1247

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Borders Y Bridges N Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y 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 N Day N Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson N Dukes Y Ehrhart N 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 N Heckstall N Hegstrom Y Hembree Y Henson Y Holland N Holmes Y Houston N Howard Y Hudgens Y Hudson, H E Hudson, N

N Hugley Y Irvin Y Jackson, B N Jackson, L N James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord N Lucas N Maddox
Mann Y Manning Y Martin, J Y Martin, J.L Y Massey N McBee Y McCall Y McClinton N McKinney Y Millar Y Mills N Mobley Y Morris Y Mosley Y Mueller Y OTSreal N Orrock Y Parham Y Parrish Y Parsons

N Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell N Ragas N Randall Y Ray Y Reaves Y Reece N Reed
Heese N Reichert Y Rice Y Richardson N Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp N Sholar Y Sims N Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y 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 Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, H.L N 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 132, nays 39.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, HB 1405 was ordered immediately transmitted to the Senate.
HB 1361. By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and Lane of the 146th: A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements.
The following Committee substitute was read:

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A BILL
To amend Subpart 1 of Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the State Election Board, so as to require newspapers, television companies, radio companies, and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements; to provide for civil penalties to be imposed by the State Election Board for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Subpart 1 of Part 1 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the State Election Board, is amended by adding at its end a new Code Section 21-2-35 to read as follows:
"21-2-35.
(a) Every newspaper company, television company, radio company, and every other company which publishes, broadcasts, displays, or disseminates any paid political advertisement in a publication which it distributes shall comply with the requirements of this Code section. Any such company shall require the display of a driver's license or other valid photographic identification which provides the name and address of the person who pays such company for publication, broadcast, display, or dissemination of a political advertisement. Any such company shall photocopy such license or other identification and shall maintain for at least one year a photocopy or other equivalent record of the identification so displayed, together with a record of the advertisement so paid for. Any such company shall also maintain for at least one year a photocopy or other equivalent record of any check or other payment accepted by it in payment for publication, broadcast, display, or dissemination of a political advertisement, together with a record of the advertisement so paid for. Any such company shall upon request by the State Election Board make all records required by this subsection available to the State Election Board in the performance of its duties.
(b) Any company which violates any provision of subsection (a) of this Code section shall be subject to a civil penalty not to exceed $500.00 for the first such violation and not to exceed $1,000.00 for the second or subsequent such violation. Any such penalty shall be imposed and collected by the State Election Board pursuant to the provisions of this chapter."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Williams of the 114th moves to amend the Committee substitute to HB 1361 as follows:
By adding after the word "company" on line 18, page 1, the words "billboard company,"

THURSDAY, FEBRUARY 24, 2000

1249

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 E Bannister Y Barnard Y Barnes N Benefield Y Birdsong N Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter
Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Clark N Coan Y Coleman, B
Coleman, T Y Connell N Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T YDay Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon N Dodson Y Dukes Y Bhrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene N Grindley N 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 E 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 N Lewis Y Lord Y Lucas
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 Y (Weal 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 Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson Y Roberts N Rogers Y Royal N Sanders Y Sander Y Scarlett N Scheid N 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 N Snelling Y Snow
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 N Walker, R.L N Watson Y West Y Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 132, nays 36. The amendment was adopted.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey E Bannister N Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux

N Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch
Bunn N Burkhalter
Byrd N Callaway

Y Campbell N Cash Y Channell Y Childers N Clark N Coan Y Coleman, B
Coleman, T Y Connell N Cooper N Cox

N Crawford Y Cummings N Davis, M Y Davis, T N Day Y Dean N DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson

Y Dukes N Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin N Golick N Graves Y Greene

1250
N Grindley N Hammontree N Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston
Howard N Hudgens Y Hudson, H E Hudson, N Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings

JOURNAL OF THE HOUSE

Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas N Maddox N Mann Y Manning Y Martin, J N Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris N Mosley Y Mueller Y CWeal
Orrock

Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Hay Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice N Richardson Y 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 Y Sinkfield Y Skipper N Smith, B
Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow
Squires N Stallings N Stancil Y Stanley, P

Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson N 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, as amended, the ayes were 111, nays 57.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, HB 1361 was ordered immediately transmitted to the Senate.
The right of the people to speak out and express thoughts on political candidates and issues anonymously is protected by the Constitution of the United States. In 1995, the US Supreme Court ruled in Mclntyre vs. Ohio Elections Commission; cited at 514 U.S. 334, that the issues presented in HB 1361 were unconstitutional.
/s/ Warren Massey District 86
The right of the people to speak out and express thoughts on political candidates and issues anonymously is protected by the Constitution of the United States. In 1995, the US Supreme Court ruled in Mclntyre vs. Ohio Elections Commission; cited at 514 U.S. 334, that the issues presented in HB 1361 were unconstitutional.
/s/ Tom Rice District 79
HB 1326. By Representatives Holland of the 157th, Jenkins of the 110th, Crawford of the 129th and Teper of the 61st: A bill to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil actions in the magistrate's court, so as to provide that the assignee of an obligation may bring an action only on behalf of the original obligee.

THURSDAY, FEBRUARY 24, 2000

1251

The following Committee substitute was read and adopted: A BILL
To amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil actions in the magistrate's court, so as to provide that the assignee of an obligation may bring certain actions only on behalf of the original obligee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil actions in the magistrate's court, is amended by inserting at the end thereof the following:
"15-10-52.
The style of any action, other than a proceeding brought pursuant to Chapter 7 of Title 44, relating to landlord and tenant, brought in the magistrate court by the assignee of the obligee of any obligation shall show the action in the name of the original obligee by the assignee."
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 E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter YByrd 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 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
Howard Y Hudgens Y Hudson, H E Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson

Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar
Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal

Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
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 Hoyal Y Sanders Y Sauder

1252
Y Scarlet* 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 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

Y Teague Y Teper Y Tillman
Y Tolbert Y Trense
Y Turnquest N Twiggs
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, by substitute, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1510. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and Buck of the 135th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to clarify that the exemption regarding certain components of machinery used directly in the manufacture of tangible personal property extends only to machinery components purchased to upgrade such machinery; to provide for a phasedin exemption from sales and use tax for certain repair or replacement parts, molds or replacement molds, dies or replacement dies, and tooling or replacement tooling.

The report of the Committee, which was favorable to the 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 E Bannister Y Barnard Y Barnes Y Benefield
Y Birdsong Y Bohannon Y Bordeaux Y Borders
Y Bridges Y Brooks Y Brown Y Buck
Buckner
Y Bulloch Bunn
Y Burkhalter
Y Byrd 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 YDay
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 E Hudson, N
Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson Y Jenkins
Y Jennings Jones
Y Joyce Y Kaye
Y Lane Y Lewis Y Lord
Lucas
Y Maddox Y Mann Y Manning

Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
Y McKinney Y 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 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

THURSDAY, FEBRUARY 24, 2000

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 Y West
Westmoreland Y Whitaker

1253
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.
HB 1509. 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, and computation of state income taxes, so as to revise and change certain provisions regarding income tax credits for businesses located in certain counties designated as less developed areas; to provide for certain additional tax credits; to revise and change certain provisions regarding income tax credits and optional income tax credits for existing manufacturing and telecommunications facilities or manufacturing and telecommunications support facilities in tier 3 counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter YByrd 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 Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton
Ployd 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 E Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills

Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y 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 Teper Y Tillman Y Tolbert Y Trense

1254
Y Turnquest Y Twiggs
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
Williams, R

Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 25, 2000

1255

Representative Hall, Atlanta, Georgia Friday, February 25, 2000
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Ron Huggins, Pastor, Bowdon Baptist Church, Bowdon, 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 of the House were introduced, read the first time and referred to the committees:
HB 1602. By Representative Mills of the 21st: A bill to amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, so as to change the requirements for such educational entities and authorize home study programs to include instruction in certain private schools.
Referred to the Committee on Education.

1256

JOURNAL OF THE HOUSE

HB 1603. By Representatives Buck of the 135th, Skipper of the 137th and Royal of the 164th: A bill to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, so as to correct certain internal references.
Referred to the Committee on Ways & Means.
HB 1604. By Representative Jones of the 71st: A bill to amend Code Section 50-5-131 of the Official Code of Georgia Annotated, relating to definitions relative to minority business enterprise development, so as to redefine the term "minority".
Referred to the Committee on Industry.
HB 1605. By Representative Bordeaux of the 151st: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales by certain nonprofit associations.
February 24, 2000
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1605. This notice is made prior to or upon reading the bill the first time.
/s/ Tom Bordeaux Representative 151st District
Referred to the Committee on Ways & Means.
HB 1606. By Representatives Buck of the 135th, Skipper of the 137th and Royal of the 164th: A bill to amend Code Section 48-5-32.1 of the Official Code of Georgia Annotated, relating to required procedures regarding the setting of millage rates, so as to change certain provisions regarding digest review by the state revenue commissioner; to provide for costs of certain additional billings.
Referred to the Committee on Ways & Means.
HB 1607. By Representatives Jennings of the 63rd and Bulloch of the 180th: A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and graduated licensing and related restrictions, so as to provide that with respect to any resident of this state who has a Class M driver's license with a restriction applicable to either a two-wheel or three-wheel motorcycle and who makes application for a mo-

FRIDAY, FEBRUARY 25, 2000

1257

torcycle instruction permit and successfully passes all parts of the examination other than the driving test applicable to the type of motorcycle for which such person's Class M license evidences a restriction, the department shall issue to such person an instruction permit with limitations.

February 24, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1607. This notice is made prior to or upon reading the bill the first time.

/s/ E. P. Jennings Representative 63rd District
Referred to the Committee on Motor Vehicles.
HB 1608. By Representative Lane of the 146th: A bill to provide a new charter for the City of Rocky Ford.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1609. By Representatives Murphy of the 18th, Mosley of the 171st, Dixon of the 168th, Coleman of the 142nd, Hudson of the 156th and others: A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983".
Referred to the Committee on Industry.
HB 1610. By Representative Scott of the 165th: A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, the "Health Care Plan Act," so as to provide that the parent company of a provider sponsored health care corporation shall be subject to the same rules and regulations as the provider sponsored health care corporation.
Referred to the Committee on Insurance.
HB 1611. By Representatives Smith of the 91st, Skipper of the 137th, Burkhalter of the 41st, Jamieson of the 22nd, O'Neal of the 75th and others: A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools and in home study programs.
Referred to the Committee on Education.

1258

JOURNAL OF THE HOUSE

HB 1612. By Representative Birdsong of the 123rd: A bill to abolish the present mode of compensating the coroner and deputy coroner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide for annual cost-of-living increases in the salaries of such officers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1613. By Representatives Martin of the 47th, Stuckey of the 67th, Rogers of the 20th, Ashe of the 46th, Trense of the 44th and others:
A bill to revise extensively the criminal laws and criminal procedure laws relating to sexual offenses; to amend Titles 9, 15, 16, 17, 31, and 42 of the Official Code of Georgia Annotated, relating to civil practice, courts, crimes, criminal procedures, health, and penal institutions, respectively, so as to create the offense of aggravated sexual assault and provide for a penalty.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1584 HB 1585 HB 1586 HB 1587 HB 1588 HB 1589 HB 1590 HB 1591 HB 1592 HB 1593 HB 1594 HB 1595 HB 1596 HB 1597

HB 1598 HB 1599 HB 1600 HB 1601 HR 1119 HR 1120 HR 1121 HR 1128 SB 309 SB 350 SB 372 SB 375 SB 387 SR 472

Pursuant to Rule 52, Representative Shanahan of the 10th moved that the following Bill of the House be engrossed:
HB 1591. By Representative Shanahan of the 10th: A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions eligibility for HOPE scholarships and grants.

The motion prevailed.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

FRIDAY, FEBRUARY 25, 2000

1259

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 815 Do Pass, by Substitute HB 1335 Do Pass, as Amended HB 1413 Do Pass

HB 1470 Do Pass HR 424 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:
Your Committee on Higher Education 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 975 Do Pass
Respectfully submitted, /s/ Porter of the 143rd
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1365 Do Pass, by Substitute HB 1540 Do Pass

HB 1576 Do Pass, by Substitute SB 343 Do Pass, by Substitute

Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

1260

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 959 Do Pass HR 982 Do Pass

HR 1085 Do Pass HR 1089 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1575 Do Pass HB 1580 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 567 Do Pass HB 939 Do Pass, by Substitute HB 1583 Do Pass HB 1210 Do Pass

HB 1582 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, FEBRUARY 25, 2000

FRIDAY, FEBRUARY 25, 2000

1261

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 436 HR 1016 HR 1045 HR 1046 HR 1059

"John A. Trask Highway"; designate Claude Roscoe Nash Memorial Bridge; designate Ralph Morgan Parkway; designate Prater's Mill Parkway; designate "James T. Williams Intersection"; designate

DEBATE CALENDAR
HB 1031 Legislative Retirement; discretionary allowance increase HB 1346 Civil Litigation Improvement Act of 2000; enact HB 1423 Motor vehicle emissions; amend provisions
HR 1081 Emanuel, Floyd, and Gordon counties; convey property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, 1st 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 1575. By Representative Purcell of the 147th: A bill to amend an Act entitled "An Act creating the State Court of Effingham County," so as to change the salaries of the judge and solicitor-general of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1580. By Representative Barnard of the 154th:
A bill to amend an Act creating a new charter for the City of Reidsville, so as to provide that the mayor and councilmen shall be elected by a plurality of the voters voting in the respective elections for mayor and each member of the council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1262

JOURNAL OF THE HOUSE

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe Y Bailey E 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
Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
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 Y Dodson
Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner
Harbin Y Harrell Y Heard
Heckstall Y Hegstrom
Hembree E Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens E 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
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 O'Neal Y Orrock Y Parham Y Parrish Y Parsons

E Pelote Y Pinholster
Poag Y Ponder
Porter Y Powell Y Purcell
Ragas Y Randall Y Ray
Reaves Y Reece Y Reed
Reese Y Reichert
Rice Y Richardson
Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw 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 E Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires
Stallings Y Stancil Y Stanley, P Y Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Tumquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles Y Williams, J E Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 137, 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 substitute, by the requisite constitutional majority the following bills of the House:
HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others: A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level;

FRIDAY, FEBRUARY 25, 2000

1263

to provide for a short title; to amend Code Section 15-11-15 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.

HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.

Representative Dodson of the 94th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1255. By Representatives Dodson of the 94th, Buck of the 135th, OTSTeal of the 75th, Wix of the 33rd, Benefield of the 96th and others:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal taxation of hotel and motel and other rooms, lodgings, and accommodations, so as to change the maximum period of occupancy with respect to which such taxes may be imposed.

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 N Bohannon Y Bordeaux Y Borders N Bridges N Brooks N Brown Y Buck
Buckner N Bulloch Y Bunn N Burkhalter Y Byrd N Callaway
Campbell N Cash Y Channell Y Childers N Clark N Coan N Coleman, B
Coleman, T N Connell N Cooper N Cox N Crawford
Gummings N Davis, M

Y Davis, T Y Day N Dean N DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson N Dukes N Ehrhart
Epps Evans N Everett Felton Y Ployd N Franklin Y Golick Y Graves Y Greene N Grindley N Hammontree Y Manner N Harbin N Harrell Y Heard Heckstall N Hegstrom Y Hembree E Henson Y Holland N Holmes Y Houston N Howard N Hudgens E Hudson, H Y Hudson, N

N Hugley N Irvin Y Jackson, B N Jackson, L N James Y Jamieson Y Jenkins N Jennings N Jones
Joyce N Kaye N Lane N Lewis Y Lord Y Lucas
Maddox N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee
McCall N McClinton N McKinney Y Millar N Mills N Mobley Y Morris Y Mosley Y Mueller Y O'Neal N Orrock Y Parham Y Parrish Y Parsons

E Pelote N Pinholster Y Poag N Ponder Y Porter
Powell Y Purcell
Ragas N Randall Y Ray Y Reaves Y Reece N Reed N Reese Y Reichert N Rice N Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid N Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield Y Skipper N Smith, B
Smith, C N Smith, C.W Y Smith, L

N Smith, L.R Y Smith, P E Smith, T Y Smith, V
Smyre N Snelling Y Snow N Squires Y Stallings
Stancil Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor N Teague Y Teper N Tillman Y Tolbert N Trense N Tumquest Twiggs N Unterman Walker, L N Walker, R.L Watson N West N Westmoreland N Whitaker N Wiles N Williams, J E Williams, R Y Wix N Yates Murphy, Spkr

1264

JOURNAL OF THE HOUSE

On the motion, the ayes were 71, nays 81. The motion was lost.

Under the general order of business, established by the Committee on Rules, the following Resolutions of the House were taken up for consideration and read the third time:
HR 436. By Representatives James of the 140th and Walker of the 141st:
A resolution designating that portion of State Highway Route 49 in Macon County, Georgia, from the entrance of the Andersonville National Historic Site to the intersection of Highway 49 and Highway 26 as the "John A. Trask Highway".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1016. By Representatives Coleman of the 142nd and Parrish of the 144th: A resolution designating the Claude Roscoe Nash Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1045. By Representatives Hammontree of the 4th and Mann of the 5th: A resolution designating the Ralph Morgan Parkway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1046. By Representatives Hammontree of the 4th and Mann of the 5th: A resolution designating the Prater's Mill Parkway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1059. By Representatives Pinholster of the 15th and Stancil of the 16th: A resolution designating the three-way intersection of State Highway 53, Burnt Mountain Road, and Spring Street in Pickens County as the "James T. Williams Intersecton".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.

FRIDAY, FEBRUARY 25, 2000

1265

On the adoption of the Resolutions, 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
Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T YDay 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
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Jones
Joyce Kaye Y Lane Y Lewis Y Lord Y Lucas Maddox Y Mann Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal YOrrock Y Parham Y Parrish Y Parsons

E Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
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 E Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J E Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolutions, the ayes were 155, nays 0.
The Resolutions, having received the requisite constitutional majority, were adopted.

Representative Walker of the 87th moved that HB 1423 be postponed until Monday, February 28, 2000.

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 N Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown

N Buck N Buckner N Bulloch
Bunn N Burkhalter N Byrd Y Callaway
Campbell Y Cash N Channell N Childers N Clark Y Coan N Coleman, B
Coleman, T

N Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M N Davis, T Y Day N Dean
DeLoach, B Y DeLoach, G Y Dix Y Dixon N Dodson N Dukes

Y Ehrhart Epps Evans
N Everett Felton
N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell

N Heard Heckstall
N Hegstrom N Hembree E Henson N Holland N Holmes N Houston N Howard N Hudgens E Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B

1266
N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones
Joyce Y Kaye N Lane Y Lewis
Lord N Lucas
Maddox YMann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton

JOURNAL OF THE HOUSE

N McKinney Y Millar Y Mills
Mobley N Morris N Mosley N Mueller N O'Neal
Orrock N Parham N Parrish Y Parsons E Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall

Y Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice Y Richardson
Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw Y Shipp N Sholar N Sims

N SinkEeld N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey

N Taylor N Teague N Teper N Tillman
Tolbert N Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L
Watson N West N Westmoreland N Whitaker Y Wiles
Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 54, nays 101.
The motion was lost.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.
The following Senate substitute was read:
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", approved May 3, 1999 (Ga. L. 1999, p. 1071), so as to change certain appropriations for the State Fiscal Year 1999-2000; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1999-2000, as amended, known as the "General Appropriations Act" approved May 3, 1999 (Ga. L. 1999, p. 1071), is further amended by striking everything following the enacting clause through Section 62, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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

FRIDAY, FEBRUARY 25, 2000

1267

$12,516,275,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2000.

PART I. LEGISLATIVE BRANCH

Section 1. General Assembly.
Budget Unit: General Assembly.................... Personal Services - Staff............................ Personal Services - Elected Officials........ Regular Operating Expenses..................... Travel - Staff.............................................. Travel - Elected Officials........................... Capital Outlay............................................ Per Diem Differential................................. Equipment................................................... Computer Charges...................................... Real Estate Rentals ................................... Telecommunications ................................... Per Diem, Fees and Contracts - Staff...... Per Diem, Fees and Contracts - Elected Officials.................................................... Photography ................................................ Expense Reimbursement Account............. Total Funds Budgeted................................ State Funds Budgeted...............................

31,805,629 16,632,458 4,054,123 2,581,216
109,500 7,000 0 0
960,000 980,000
5,000 665,000 360,036
3,676,356 100,000
1,674,940 31,805,629 31,805,629

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

5,275,860 962,415
1,301,417 7,539,692

5,275,860 962,415
1,301,417 7,539,692

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

$

11,521,681

$

470,447

$

1,596,283

$

13,588,411

11,521,681 470,447
1,596,283 13,588,411

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight
Committee Total

3,214,038 2,328,999 1,158,951 3,541,464
434,074 10,677,526

3,214,038 2,328,999 1,158,951 3,541,464
434,074 10,677,526

1268

JOURNAL OF THE HOUSE

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
764,940 616,000 389,624 188,000 1,051,359 587,000 1,554,910 321,000 28,047,379 26,479,279

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch........................................................$ Personal Services........................................................................$ Other Operating .......................................................................$

115,427,142 15,601,484 96,449,954

FRIDAY, FEBRUARY 25, 2000

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

7,853,991 10,599,483 45,301,313 36,703,314 1,374,764
897,312 5,876,555
206,755 5,970,000
3,030,749
300,510 118,114,746

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ................................................. Personal Services.......................................................... Regular Operating Expenses....................................... Travel............................................................................. Motor Vehicle Purchases.............................................. Equipment..................................................................... Computer Charges........................................................ Real Estate Rentals ..................................................... Telecommunications ..................................................... Per Diem, Fees and Contracts.................................... Rents and Maintenance Expense ............................... Utilities.......................................................................... Payments to DOAS Fiscal Administration................ Direct Payments to Georgia Building Authority for Capital Outlay................................... Direct Payments to Georgia Building Authority for Operations.......................................... Telephone Billings........................................................ Radio Billings ............................................................... Materials for Resale..................................................... Public Safety Officers Indemnity Fund ..................... Health Planning Review Board Operations .............. Payments to Aviation Hall of Fame........................... Payments to Golf Hall of Fame .................................. Alternative Fuels Grant.............................................. State Self Insurance Fund.......................................... Total Funds Budgeted..................................................

1269
3,042,892 1,733,421
41,000 500,000 745,995 118,114,746 115,427,142
State Funds
7,135,803 10,549,483 45,301,313 35,162,701
1,323,064
897,312 5,773,285
206,755 5,970,000
2,806,916
300,510 115,427,142
118,470,967 62,574,333 13,051,749
504,767 819,086 2,301,668 1,154,487 4,230,693 378,031 2,646,960 11,207,112
0 0
0
2,097,419 58,080,300
433,484 17,939,840
522,500 44,900 48,500 75,000 382,900
75,034,595 253,528,324

1270

JOURNAL OF THE HOUSE

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

$

16,223,012

$

12,845,458

$

22,166,416

$ 117,210,089

$

78,459,037

$

646,329

$

1,638,409

$

4,339,574

$ 253,528,324

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

$

12,635,231

$

6,804,433

$

4,435,386

$

384,405

$

37,556,334

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...................

118,470,967
State Funds
4,662,922 4,106,583
0 29,167,621 75,557,095
646,329 262,271
4,068,146 118,470,967
0 20,803,654 15,108,193
42,000 200,000 313,000 325,000
15,071 269,416 480,000
0 0 0 0 37,556,334 0
State Funds
40,597,478 33,475,781 4,520,108
1,060,000 352,000 430,673 667,341 814,475 412,585
1,359,741

FRIDAY, FEBRUARY 25, 2000

1271

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 ...............................................................$

Departmental Functional Budgets

Total Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

9,076,270

$

16,399,249

$

6,776,728

$

7,539,581

$

3,725,614

$

8,229,091

$

696,171

$

52,442,704

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.....................................................$

1,003,240
3,127,000
3,200,470 275,000 50,000 175,000
829,290 0
650,000 0
40,000 0
52,442,704 40,597,478
State Funds
8,295,270 13,267,114 3,101,728 7,352,581 3,595,914 4,984,871
0 40,597,478
0 1,039,790
203,000 3,000 0 5,000 9,500 0 7,500 96,500
125,000 120,000 1,609,290
0
10,216,029 8,411,598
476,873

1272

JOURNAL OF THE HOUSE

Travel........................................................................ Motor Vehicle Purchases......................................... Equipment................................................................ Computer Charges................................................... Real Estate Rentals ................................................ Telecommunications ................................................ Per Diem, Pees 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 ................................................ Capital Outlay......................................................... 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........................................ Payment to State Housing Trust Fund................ Payments to Sports Hall of Fame ......................... Regional Economic Business Assistance GrantsState 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 ......................... Georgia Regional Transportation Authority......... Total Funds Budgeted............................................. State Funds Budgeted ............................................

Departmental Functional Budgets

Total Funds

Executive Division Planning and Management Division Business and Financial Assistance
Division

55,448,300 4,355,972
40,645,047

403,199 112,380 21,022 276,896 422,730 77,896
13,435 10,216,029 10,216,029
83,638,600 19,758,640 2,624,076
530,883 0
392,214 1,461,218 1,525,560
713,735 519,728
0
2,461,948 44,354,272
133,355
30,000,000
429,541 5,000,000 3,165,581
0 617,500 3,281,250 1,008,027 6,847,147
0 0 189,073 1,128,125 1,250,000 50,000,000 9,208,139 186,600,012 83,638,600
State Funds
55,083,441 4,119,560
9,116,501

FRIDAY, FEBRUARY 25, 2000

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

8,053,176
3,330,220 55,269,254
3,035,167
1,870,663 10,648,288 3,943,925 186,600,012

Section 8. Department of Community Health. 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 ..........................................................................$ Special Purpose Contracts.........................................................$ Purchase of Service Contracts ..................................................$ Grant in Aid to Counties...........................................................$ Health Insurance Payments......................................................$ Medical Fair................................................................................$ Loan Repayment Program.........................................................$ Medical Scholarships..................................................................$ Capitation Contracts for Family Practice Residency.................................................................................$ Residency Capitation Grants ....................................................$ Student Preceptorships..............................................................$ Mercer School of Medicine Grant.............................................$ Morehouse School of Medicine Grant.......................................$ SREB Payments..........................................................................$ Pediatric Residency Capitation .................................................$ Preventive Medicine Capitation................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Commissioner's Office Medicaid Benefits, Penalties and
Disallowances Program Management - Medicaid Systems Management - Medicaid General Administration Minority Health Women's Health Employee Health Benefits

1,973,697
3,401,236,764 33,031,410 48,232,173 51,593,548 185,742 430,519
1,280,826,826

1273
3,165,581
1,973,837 0
1,769,145
916,894 3,680,002 3,813,639 83,638,600
1,307,655,171 27,662,661 7,041,692 360,986 14,000 77,292
1,016,795,296 1,355,759 802,656
365,953,663 3,401,236,764
1,097,500 64,732 83,244 764,826 0 0 0
1,520,467
4,347,200 1,950,313
175,000 15,828,668 7,394,890 4,400,350
474,240 30,000 4,859,432,199 1,307,655,171

State Funds

$

920,831

$ 1,233,895,937

$

14,741,181

$

13,157,384

$

2,612,435

$

185,742

$

430,519

$

0

1274

JOURNAL OF THE HOUSE

Health Planning Georgia Board for Physician
Workforce Board of Medical Examiners Medical Education Board Primary and Rural Health Total

1,728,303
35,173,287 1,518,879 1,520,467 1,980,584
4,859,432,199

B. Budget Unit: Indigent Trust Fund ..........................................$ Per Diem, Fees and Contracts ..................................................$ Benefits........................................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

C. Budget Unit: PeachCare for Rids.............................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel....... ....................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ PeachCare Benefits, Penalties and Disallowances ..........................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 9. Department of Corrections. 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..............................................$

1,628,303
35,173,287 1,518,879 1,520,467 1,870,206
1,307,655,171
148,828,880 8,200,000
360,067,504 368,267,504 148,828,880
17,189,386 418,478 120,254 50,000 0 1,155 250,000 0 12,350
5,325,376
55,526,847 61,704,460 17,189,386
856,007,481 545,312,296
69,984,263 2,680,815 2,193,077 4,302,107 6,198,054 6,793,774 7,737,635
58,566,299 38,000
23,590,741 1,300,000
28,980,363 6,931,097 3,000,000 1,093,624 4,106,736
1,627,149 577,160
1,527,120 100,937,031
0
438,944

FRIDAY, FEBRUARY 25, 2000

1275

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

$

51,107,276

$

15,645,676

$ 126,224,833

$

66,880,989

$ 618,913,511

$ 878,772,285

Section 10. Department of Defense. Budget Unit: Department of Defense...........................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel..........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

$

2,197,481

$

6,132,268

$

17,102,706

$

25,432,455

Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education ..................................$ Operations: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications..................................................................^ Utilities........................................................................................$ Capital Outlay ............................................................................$ QBE Formula Grants:

856,000 878,772,285
450,000 0
856,007,481

State Funds

$

50,600,276

$

15,345,676

$ 117,760,624

$

66,400,989

$ 605,899,916

$ 856,007,481

6,785,907 11,699,117 11,828,197
45,375 58,000 22,000 68,625 31,400 419,973 584,768 675,000 25,432,455 6,785,907

State Funds

$

1,990,240

$

728,222

$

4,067,445

$

6,785,907

5,137,605,521
42,259,256 6,963,707 1,473,315
156,000 328,810 1,223,687 78,742,069 12,570,238 2,224,965 808,452
0

1276

JOURNAL OF THE HOUSE

KindergartenNGrades 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: Next Generation School Grants................................ Youth Apprenticeship Grants.................................... High School Program ................................................. Payment of Federal Funds to Board of
Technical and Adult Education............................. Vocational Research and Curriculum....................... Education of Children of Low-Income Families ...... Even Start................................................................... Instructional Services for the Handicapped............ Retirement (H.B. 272 and H.B. 1321)...................... Tuition for the Multi-Handicapped .......................... PSAT............................................................................ School Lunch (Federal) .............................................. Joint Evening Programs ............................................ Education of Homeless Children/Youth.................... Pay for Performance................................................... Remedial Summer School.......................................... Pre-School Handicapped Program............................ Mentor Teachers......................................................... Environmental Science Grants ................................. Advanced Placement Exams ..................................... Serve America Program............................................. Alternative Programs................................................. Drug Free School (Federal)....................................... School Lunch (State).................................................. Mentoring Program.................................................... Charter Schools .......................................................... Emergency Immigrant Education Program............. Chapter II - Block Grant Flow Through................. State and Local Education Improvement ................ Child Care Lunch Program (Federal)....................... Health Insurance - Non-Cert. Personnel and
Retired Teachers.....................................................

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 36,602,631 134,010,159 800,161,761 153,021,075 (869,432,749) 66,951,970
0
246,132,902 3,158,000
23,951,042 98,870,519 100,606,873
620,134 28,122,176
500,000 4,340,000 32,060,730
27,650,639 293,520
236,086,129 3,190,097 75,415,428 5,508,750 1,900,000 756,500
188,375,722 267,333 749,301
10,254,000 1,689,931
19,434,853 1,250,000
100,000 1,608,000 1,042,976 21,377,316 11,625,943 35,282,461
500,000 1,164,604 2,481,927 9,913,513 24,962,356 89,190,742
99,547,892

FRIDAY, FEBRUARY 25, 2000

Governor's Scholarships........................... Innovative Programs................................ Title II Math/Science Grant (Federal)..... Migrant Education.................................... Counselors.................................................. Regional Education Service Agencies...... Severely Emotionally Disturbed.............. Georgia Learning Resources System....... Special Education in State Institutions.. At Risk Summer School Program............ Robert C. Byrd Scholarship (Federal)..... Technology Specialist................................ Year 2000 Project Funding....................... Troops To Teachers ................................... Child Care Program.................................. Comprehensive School Reform................. Character Education................................. Standards of Care.................................... State Fund Reserve.................................. National Teacher Certification................ Student Information System................... Total Funds Budgeted.............................. Indirect DOAS Services Funding............ State Funds Budgeted..............................

Departmental Functional Budgets

Total Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School Readiness Total

$

13,338,391

$

65,955,102

$

1,315,708

$

9,539,310

$

8,103,843

$

53,926,195

$

0

$ 5,758,665,014

$

6,627,095

$

5,416,371

$

6,480,883

$

5,697,601

$ 5,935,065,513

B. Budget Unit: Lottery for Education........ Pre-Kindergarten - Grants....................... Pre-Kindergarten - Personal Service....... Pre-Kindergarten - Operations ................ Computers in the Classroom.................... Distance Learning - Satellite Dishes...... Post Secondary Options............................ Educational Technology Centers.............. Assistive Technology................................. Applied Technology Labs.......................... Financial and Management Equipment.. Alternative Programs................................ Fort Discovery National Science Center. Capital Outlay...........................................

1277
4,989,029 1,690,215 5,042,895
274,395 13,524,863 10,745,889 52,304,574 3,774,785 3,884,639 4,632,785 1,059,000 15,401,810 2,605,394
111,930 40,626,969
3,803,865 350,000 134,500
3,769,183 148,210
30,000,000 5,935,065,513
0 5,137,605,521

State Funds

$

9,609,173

$

54,171,030

$

1,238,119

$

6,071,799

$

509,849

$

51,011,689

$

0

$ 4,996,682,714

$

6,092,736

$

5,052,934

$

5,999,421

$

1,166,057

$ 5,137,605,521

375,083,083 217,971,579
2,051,953 5,148,630 42,741,317
936,000 5,210,000
858,000 5,000,000
0 0 0 0 75,165,604

1278

JOURNAL OF THE HOUSE

Learning Logic Sites.............................................. Student Information System................................. Total Funds Budgeted............................................ Lottery Funds Budgeted........................................

Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System.......... Personal Services.................................................... Regular Operating Expenses................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Computer Charges.................................................. Real Estate Rentals ............................................... Telecommunications ............................................... Per Diem, Fees and Contracts.............................. Benefits to Retirees................................................ Total Funds Budgeted............................................ State Funds Budgeted...........................................

Section 13. Forestry Commission. Budget Unit: Forestry Commission$ Personal Services.................................................... Regular Operating Expenses................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Computer Charges.................................................. Real Estate Rentals............................................... Telecommunications ............................................... Per Diem, Fees and Contracts.............................. Ware County Grant................................................ Ware County Grant for Southern Forest WorldWare County Grant for Road Maintenance......... Capital Outlay ........................................................ Total Funds Budgeted............................................ State Funds Budgeted ...........................................

Departmental Functional Budgets

Total Funds

Reforestation

$

2,017,895

Field Services

$

35,621,337

General Administration and Support

$

4,323,595

Total

$

41,962,827

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation............................ Personal Services........................................................................ Regular Operating Expenses..................................................... Travel........................................................................................... Motor Vehicle Purchases............................................................ Equipment................................................................................... Computer Charges...................................................................... Real Estate Rentals................................................................... Telecommunications ...................................................................

0 20,000,000 375,083,083 375,083,083
0 2,631,817
481,100 29,000 0 1,450
2,056,432 340,900 70,001
1,618,150 0
7,228,850 0
36,716,572 29,908,389
5,912,072 181,318
1,399,402 1,669,799
844,775 22,824
881,681 1,054,067
28,500 60,000
0 0 41,962,827 36,716,572
State Funds
19,684 32,541,448
4,155,440 36,716,572
61,418,237 44,194,440
6,194,456 465,379 387,220
3,271,595 677,600 391,419
1,022,479

FRIDAY, FEBRUARY 25, 2000

Per Diem, Fees and Contracts. Evidence Purchased .................. Capital Outlay........................... Total Funds Budgeted............... State Funds Budgeted..............

Departmental Functional Budgets

Total Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,825,405

$

25,200,983

$

10,259,352

$

21,132,497

$

61,418,237

Section 15. Office of the Governor. A. Budget Unit: Office of the Governor ............. Personal Services.............................................. Regular Operating Expenses........................... Travel................................................................. Motor Vehicle Purchases.................................. Equipment......................................................... Computer Charges............................................ Real Estate Rentals......................................... Telecommunications ......................................... Per Diem, Fees and Contracts........................ Cost of Operations............................................ Mansion Allowance........................................... Governor's Emergency Fund........................... Intern 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......................................... Year 2000 Project ............................................. Total Funds Budgeted...................................... State Funds Budgeted.....................................

Departmental Functional Budgets

Total Funds

Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs

7,518,568 1,093,263 12,786,225 5,689,036 4,090,313

1279
3,889,982 423,667 500,000
61,418,237 61,418,237
State Funds
4,825,405 25,200,983 10,259,352 21,132,497 61,418,237
38,952,545 18,720,021 1,783,853
324,759 38,070 187,639 529,724 1,174,007 579,758 8,922,612 3,845,501 40,000 3,165,000 148,913 4,000,000 274,194 470,000
0 250,000 2,183,750 100,000 684,400 1,085,000
0 57,000
0 0 2,808,800 51,373,001 38,952,545
State Funds
7,518,568 790,292
12,711,225 4,945,591 3,892,313

1280

JOURNAL OF THE HOUSE

Georgia Information Technology

Policy Council

$

Criminal Justice Coordinating

Council

$

Children and Youth Coordinating

Council

$

Human Relations Commission

$

Professional Standards Commission

$

Georgia Emergency Management Agency $

Governor's Commission for the

Privatization of Government Services $

Total

$

3,510,659
1,789,120
3,176,724 326,481
4,931,820 6,460,792
0 51,373,001

Section 16. 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 DCH - Medicaid Benefits....................................$ 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 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

1,016,387 4,101,512 11,884,965 8,489,307 47,813,157 1,332,206 100,471,758 5,590,784
887,565 3,398,648 11,273,899 6,612,805 8,493,770 2,395,989

701,859
354,684
587,361 326,481 4,931,820 2,192,351
0 38,952,545

1,244,977,714
78,074,423 3,173,647 1,935,789
0 206,957 4,671,430 14,906,213 51,682,170 15,562,317
28,500 47,813,157 66,059,073
123,714 824,452 25,513,290
0 0 310,575,132 3,982,840 174,412,823

State Funds

$

1,016,387

$

4,101,512

$

5,917,359

$

8,114,307

$

34,335,726

$

1,332,206

$

56,451,611

$

4,341,288

$

877,565

$

3,372,079

$

5,615,983

$

2,410,331

$

4,126,637

$

2,395,989

FRIDAY, FEBRUARY 25, 2000

Personnel Administration Transportation Services Indirect Cost Policy and Government Services Aging Services DD Council Total

I

7,002,396

!

12,081,291

!

0

I

1,295,371

i

74,823,174

!

1,610,148

!

310,575,132

2. Public Health Budget: Personal Services.................................... Regular Operating Expenses................. Travel....................................................... Motor Vehicle Purchases........................ Equipment............................................... Real Estate Rentals ............................... Per Diem, Fees and Contracts.............. Computer Charges.................................. Telecommunications ............................... Special Purpose Contracts..................... Purchase of Service Contracts .............. Grant-In-Aid to Counties....................... Major Maintenance and Construction.. Postage..................................................... Medical Benefits..................................... Total Funds Budgeted............................ Indirect DOAS Services Funding.......... State Funds Budgeted ..........................

Departmental Functional Budgets

Total Funds

District Health Administration Newborn Follow-Up Care Oral Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Sexually Transmitted Diseases Family Planning Women, Infants and Children
Nutrition Grant in Aid to Counties Children's Medical Services Emergency Health 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

13,055,719 1,383,859 1,773,114 2,148,234 4,704,248
4,959,151 3,180,709 11,092,949
84,166,474 70,108,664 13,272,151 3,684,786
1,949,932 1,614,511 5,799,550 1,386,617 1,085,812 2,827,258
225,746 159,019 4,312,449 2,039,075 452,430

1281
7,002,396 1,876,134 (14,703,451) 1,295,371 44,484,229
49,164 174,412,823
49,968,343 75,192,219
839,880 0
195,367 1,326,062 5,146,402
0 987,667 324,000 18,182,873 139,963,748
0 190,682 4,222,222 296,539,465 324,160 158,879,175
State Funds
12,928,784 1,170,028 1,447,939 1,035,622 3,937,429
4,959,151 1,071,146 5,914,421
0 69,122,805 6,297,075 2,309,073
1,373,534 0
4,323,360 888,072 682,415
1,222,894 225,746 159,019
4,312,449 1,762,714
309,792

1282

JOURNAL OF THE HOUSE

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

$

2,026,711

$

559,513

$

2,024,561

$

6,853,264

$

186,315

$

12,307,038

$

10,363,458

$

13,190,325

$

109,837

$

13,535,986

$

0

$ 296,539,465

3. Rehabilitation Services Budget: Personal Services.................................... Regular Operating Expenses................. Travel....................................................... Motor Vehicle Purchases........................ Equipment............................................... Real Estate Rentals............................... Per Diem, Fees and Contracts .............. Computer Charges.................................. Telecommunications .............................. Case Services.......................................... Special Purpose Contracts..................... Purchase of Services Contracts............. Major Maintenance and Construction.. Utilities.................................................... Postage..................................................... Total Funds Budgeted............................ Indirect DOAS Services Funding......... State Funds Budgeted...........................

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

$

65,508,127

$

848,949

$

511,903

$

10,471,695

$

1,998,718

$

744,540

$

53,477,653

$

12,023,096

$

28,223,910

$ 173,808,591

4. Family and Children Services Budget: Personal Services...................................................................... Regular Operating Expenses................................................... Travel......................................................................................... Motor Vehicle Purchases........................................................... Equipment................................................................................. Real Estate Rentals ................................................................. Per Diem, Fees and Contracts.................................................

1,765,712 559,513
1,512,688 6,583,264
186,315 7,759,475 2,640,380 2,942,458
92,340 11,108,461
(1,724,899) 158,879,175
86,240,987 12,217,485
1,764,296 50,582
1,616,277 5,225,022 11,230,188
383,041 2,477,637 37,940,291
735,245 11,963,883
255,000 959,650 749,007 173,808,591 100,000 25,249,247
State Funds
13,458,346 413,969 511,903
2,851,205 593,525 744,540 0 666,969
6,008,790 25,249,247
22,204,442 3,601,014
884,107 0
510,512 3,695,697 32,013,124

FRIDAY, FEBRUARY 25, 2000

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

$

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

$

676,518 4,479,502 2,684,052 3,873,812 15,390,717 1,787,260 2,522,234 21,869,244 45,747,979
155,201,195 1,422,012 2,795,420 7,223,130
124,077,197
103,349,456 3,190,752
8,895,675
72,333,381
23,476,986
26,755,956 61,675,562 4,290,503 33,166,733 18,577,389
7,749,161 33,213,311 11,886,390 185,140,622
5,489,588 4,750,439
0 993,692,176

1283
200,000 1,596,679 4,975,439 165,791,757 8,551,546 325,120,186 64,021,463 2,037,559 358,488,651 993,692,176
0 368,356,356
State Funds
676,518 3,467,461 2,404,749 3,873,812 1,468,234 1,787,260 1,516,443 3,739,244 5,896,604
48,247,444 1,122,012 0 0
60,900,727
40,330,107 0
2,776,636
36,306,261
9,021,901
10,209,597 15,861,742 2,520,990 21,546,880 13,212,885 4,781,324 20,413,693 8,218,081 50,186,937 3,871,923 4,250,439 (10,253,548) 368,356,356

1284

JOURNAL OF THE HOUSE

5. Community Mental Health/Mental Retardation and Institutions:
Personal Services........................................................................! Operating Expenses ...................................................................$ Motor Vehicle Equipment Purchases........................................$ Utilities........................................................................................$ Major Maintenance and Construction......................................$ Community Services...................................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at
Rome Georgia Regional Hospital at
Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School and
Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Substance Abuse Residential
Services Community Mental Health Services Community Mental Retardation
Services Community Substance Abuse Services State Administration Regional Administration Total

36,750,435 16,746,364
27,706,653
40,035,057 119,037,294
17,563,565
53,088,572 19,935,349 3,978,254
1,171,073
584,284 179,082,554
99,455,207 94,819,560 13,048,860
6,232,773 729,235,854

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........

292,661,721 54,213,803 200,000 9,483,250 1,962,161
370,714,919 729,235,854
1,673,274 518,080,113
State Funds
21,942,111 14,981,072
18,462,955
32,595,011 75,676,463
16,644,577
25,164,592 17,775,607 3,044,388
988,323
0 171,952,230
65,052,645 40,533,155
7,957,309 5,309,675 518,080,113
529,149,916 94,184,365 5,424,072 250,582 2,529,113 14,918,211 63,295,927 52,265,211 20,624,300 54,213,803
370,714,919 37,940,291 4,975,439 165,791,757 9,639,291
372,933,343

FRIDAY, FEBRUARY 25, 2000

1285

Purchase of Service Contracts ..................................................$ Grant-In-Aid to Counties...........................................................$ Major Maintenance and Construction......................................$ Utilities........................................................................................$ Postage.........................................................................................$ Payments to DCH - Medicaid Benefits ....................................$ Grants to County DFACS - Operations...................................$ Medical Benefits.........................................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

Section 17. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism..................................................................... $
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel............ ...............................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$ Local Welcome Center Contracts..............................................$ Marketing.. ..................................................................................$ Georgia Ports Authority Lease Rentals...................................$ Foreign Currency Reserve .........................................................$ Waterway Development in Georgia ..........................................$ Lanier Regional Watershed Commission.................................$ Georgia World Congress Center................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and Research Total

14,067,633 5,297,610 2,254,113 4,379,658
266,955 2,736,877 29,002,846

Section 18. Department of Insurance. Budget Unit: Department of Insurance........................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$

160,227,292 139,963,748
2,340,875 10,442,900 3,801,700 25,513,290 358,488,651 4,222,222 2,503,851,218 6,080,274 1,244,977,714

29,002,846 11,934,405
1,454,492 562,389 45,000 93,724 409,336 844,245 422,215
1,516,887 250,600
8,464,553 0 0
50,000 0
2,955,000 29,002,846 29,002,846

State Funds

$

14,067,633

$

5,297,610

$

2,254,113

$

4,379,658

$

266,955

$

2,736,877

$

29,002,846

15,456,662 14,233,146
683,241 421,713
95,000 34,275 200,088 796,091 317,912 144,658

1286

JOURNAL OF THE HOUSE

Health Care Utilization Review.. Total Funds Budgeted.................. State Funds Budgeted.................

Departmental Functional Budgets

Total Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud Fund Total

$

4,735,486

$

5,672,360

$

605,057

$

5,088,822

$

824,399

$

16,926,124

Section 19. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice............................. Personal Services........................................................................ Regular Operating Expenses..................................................... Travel........................................................................................... Motor Vehicle Purchases............................................................ Equipment................................................................................... Computer Charges...................................................................... Real Estate Rentals................................................................... Telecommunications ................................................................... Per Diem, Fees and Contracts.................................................. Utilities........................................................................................ Institutional Repairs and Maintenance................................... Grants to County-Owned Detention Centers .......................... Service Benefits for Children.................................................... Purchase of Service Contracts .................................................. Capital Outlay............................................................................ Juvenile Justice Reserve............................................................ Total Funds Budgeted................................................................ State Funds Budgeted...............................................................

Departmental Functional Budgets

Total Funds

Regional Youth Development Centers Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Eastman YDC Court Services Day Centers Group Homes CYS Purchased Services Sumter YDC Law Enforcement Office Assessment and Classification Multi-Service Centers

57,950,823 19,044,494 12,585,656 6,876,319 7,947,149 17,402,800 26,240,217 11,569,840 24,242,695
528,224 1,143,739 27,145,065
832,038 2,500,815
637,469 4,107,477

16,926,124 15,456,662
State Funds
4,735,486 5,672,360
605,057
3,619,360 824,399
15,456,662
237,707,264 140,105,017 14,371,406
1,975,130 373,576
1,220,034 3,301,765 2,095,730 2,097,744 16,485,581 3,368,520
950,885 0
28,338,686 29,759,391
0 0 244,443,465 237,707,264
State Funds
56,372,865 18,362,732 12,004,080 6,626,335 7,626,777 16,734,710 25,477,272 11,182,195 23,980,200
528,224 1,143,739 26,012,289
832,038 2,500,815
637,469 4,017,477

FRIDAY, FEBRUARY 25, 2000

Youth Services Administration Office of Training Total

21,400,297 2,288,348
244,443,465

Section 20. 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 21. Department of Law. Budget Unit: Department of Law.......................................... Personal Services................................................................. Regular Operating Expenses.............................................. Travel.................................................................................... Motor Vehicle Purchases..................................................... Equipment............................................................................ Computer Charges............................................................... Real Estate Rentals ............................................................ Telecommunications ............................................................ Per Diem, Fees and Contracts........................................... Books for State Library...................................................... Total Funds Budgeted......................................................... State Funds Budgeted........................................................

Section 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............................................................ Total Funds Budgeted......................................................... Federal Funds...................................................................... Other Agency Funds ........................................................... Agency Assessments............................................................ Employee and Employer Contributions ............................ Deferred Compensation ...................................................... State Funds Budgeted........................................................

1287
21,379,699 2,288,348 237,707,264
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 13,881,100
717,235 199,322 21,000
17,350 305,201 826,548 162,924 16,160,000 187,000 32,477,680 14,624,689
0 7,313,055
846,478 91,147 22,864 758,586
1,010,974 2,248,400
219,767 12,511,271
0 1,275,762 10,722,136
0 513,373
0

1288

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Total

1,336,640 4,316,771 1,994,370 4,863,490 12,511,271

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ............................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Authority Lease Rentals............................................................$ Advertising and Promotion........................................................$ Cost of Material for Resale .......................................................$ Capital Outlay: New Construction.......................................................................$ Repairs and Maintenance..........................................................$ Land Acquisition Support..........................................................$ Wildlife Management Area Land Acquisition.........................$ Shop Stock - Parks.....................................................................$ User Fee Enhancements............................................................$ Buoy Maintenance......................................................................$ Waterfowl Habitat......................................................................$ Paving at State Parks and Historic Sites................................$ Grants: Land and Water Conservation..................................................$ Georgia Heritage 2000 Grants..................................................$ Recreation.................................................................................... $ Chattahoochee River Basin Grants..........................................$ Contracts: Paralympic Games......................................................................$ Technical Assistance Contract ..................................................$ Corps of Engineers (Cold Water Creek State Park)....... .......................................................................$ Georgia State Games Commission ...........................................$ U. S. Geological Survey for Ground Water Resources .................................................................................$ U.S. Geological Survey for Topographic Mapping...................$ Payments to Civil War Commission.........................................$ Hazardous Waste Trust Fund...................................................$ Solid Waste Trust Fund.............................................................$ Payments to Georgia Agricultural Exposition Authority..................................................................................$ Payments to Mclntosh County..................................................$ Georgia Regional Transportation Authority............................$ Total Funds Budgeted................................................................$

State Funds
113,413,556 79,892,075 14,451,569
670,557 1,683,825 1,906,065 2,477,014 10,315,858
774,458 1,318,709
0 675,000 1,285,056
2,231,176 2,875,500
243,750 982,330 350,000 1,300,000
74,250 0
500,000
800,000 341,000
0 0
0 0
170,047 309,438
300,000 0
143,000 12,807,746 7,102,405
2,578,492 100,000 0
148,659,320

FRIDAY, FEBRUARY 25, 2000

1289

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 Environmental Protection Pollution Prevention Assistance Total

$

5,273,968

$

5,621,945

$

2,769,992

$

40,843,639

$

2,398,880

$

37,889,186

$

52,924,497

$

937,213

$ 148,659,320

B. Budget Unit: Georgia Agricultural Exposition Authority..........................................$
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications..................................................................^ Per Diem, Fees and Contracts..................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Georgia Agricultural Exposition Authority

$

6,376,576

Section 24. State Board of Pardons and Parole. Budget Unit: Board of Pardons and Paroles................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$

892,085
0
2,663,931
1,432,064 200,000
113,413,556

State Funds

$

5,258,968

$

5,621,945

$

2,279,992

$

21,334,891

$

2,228,018

$

32,613,215

$

43,139,314

$

937,213

$ 113,413,556

0 3,050,798 2,200,778
25,000 0
195,000 40,000
0 70,000 795,000
0 6,376,576
0

State Funds

$

0

48,076,666 37,791,380
1,697,625 555,000 230,000 190,000 591,200
3,038,958 1,165,000

1290

JOURNAL OF THE HOUSE

Per Diem, Fees and Contracts.......................... County Jail Subsidy........................................... Health Services Purchases................................ Total Funds Budgeted........................................ State Funds Budgeted.......................................

Section 25. 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............................................. Year 2000 ............................................................ Total Funds Budgeted........................................ Indirect DOAS Service Funding....................... State Funds Budgeted.......................................

2. Driver Services Budget: Personal Services................................................ Regular Operating Expenses............................. Travel................................................................... Motor Vehicle Purchases.................................... Equipment........................................................... Computer Charges.............................................. Real Estate Rentals........................................... Telecommunications ........................................... Per Diem, Fees and Contracts.......................... Capital Outlay.................................................... Conviction Reports............................................. State Patrol Posts Repairs and Maintenance.. Driver License Processing................................. Total Funds Budgeted........................................ Indirect DOAS Service Funding....................... State Funds Budgeted.......................................

Departmental Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

23,557,807

$

24,925,164

$

61,284,552

$ 109,767,523

B. Budget Unit: Units Attached for Administrative Purposes Only...................................
Attached Units Budget: Personal Services......................................................

2,062,003 735,500 20,000
48,076,666 48,076,666
107,904,583
64,997,358 7,721,357 104,095 4,311,500 288,190 3,156,710 28,962 2,744,147 1,132,000 145,100 0 0 212,940
84,842,359 1,650,000
82,979,419
20,226,420 1,112,113 61,941 0 62,343 0 47,262 273,300 69,000 0 303,651 34,900 2,734,234
24,925,164 0
24,925,164
State Funds
21,844,867 24,925,164 61,134,552 107,904,583
14,767,504
8,486,817

FRIDAY, FEBRUARY 25, 2000

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................

Departmental Functional Budgets

Total Funds

Office of Highway Safety Georgia Peace Officers Standards
and Training Police Academy Fire Academy Georgia Firenghters Standards
and Training Council Georgia Public Safety Training
Facility Total

3,173,294
1,538,510 1,185,709 1,159,178
460,750
11,186,834 18,704,275

Section 26. Public School Employees' Retirement
System. Budget Unit: Public School Employees' Retirement
System ......................................................................$ Payments to Employees' Retirement System..........................$ Employer Contributions.............................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 27. 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

2,801,932

1291
2,559,964 87,389 80,541 172,746 158,185 160,247 281,073 413,531
2,425,200 3,578,582
300,000 18,704,275 14,767,504
State Funds
386,523
1,538,510 1,095,709 1,049,178
460,750
10,236,834 14,767,504
18,602,000 575,000
18,027,000 18,602,000 18,602,000
9,456,109 8,650,722
599,588 255,400 350,124 58,306 378,286 327,795 220,072 1,546,291 12,386,584 9,456,109
State Funds
2,801,932

1292

JOURNAL OF THE HOUSE

Transportation Utilities Total

4,293,546 5,291,106 12,386,584

Section 28. Board of Regents, University System
of Georgia. A. Budget Unit: Resident Instruction...........................................$ Personal Services:
Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Special Funding Initiative.........................................................$ Office of Minority Business Enterprise....................................$ Student Education Enrichment Program ................................$ Forestry Research.......................................................................$ Research Consortium .................................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ Departmental Income.................................................................$ Sponsored Income.......................................................................$ Other Funds>..............................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

B. Budget Unit: Regents Central Office and Other Organized Activities .............................................................$
Personal Services: Educ., Gen., and Dept. Svcs.....................................................-.$ Sponsored Operations ................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Fire Ant and Environmental Toxicology Research .................$ Agricultural Research................................................................$ Advanced Technology Development Center/Economic Development Institute............................................................$ Seed Capital Fund - ATDC.......................................................$ Capital Outlay ............................................................................$ Center for Rehabilitation Technology.......................................$ SREB Payments..........................................................................$ 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 ...............................................................................$ Area Health Education Center Contracts................................$ Total Funds Budgeted................................................................$ Departmental Income.................................................................$ Sponsored Income.......................................................................$ Other Funds................................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

1,636,382 5,017,795 9,456,109
1,415,781,163
1,529,074,116 215,731,047
371,311,204 637,169,805
50,340,528 1,131,712 365,217 979,646 8,660,332 1,030,000
2,815,793,607 103,648,940 852,900,852 440,423,152 3,039,500
1,415,781,163
185,387,556
301,522,127 116,575,795
134,495,359 68,133,453
0 2,683,909
18,139,002 5,000,000
300,000 5,184,122
867,525 600,000
0 1,387,150
127,604
24,410,014 0
679,426,060 3,576,811
195,411,819 294,506,374
543,500 185,387,556

FRIDAY, FEBRUARY 25, 2000

1293

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 Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

2,411,940 5,247,450 1,857,769 111,217,128
23,139,002 72,115,038 57,863,173
354,452,883
3,334,563
5,282,120 3,625,810
3,458,128 35,421,056 679,426,060

1,548,915 1,747,781 1,091,077 10,169,762
13,652,293 44,156,403 35,364,986
38,356,117
3,334,563
547,294 0
104,158 35,314,207 185,387,556

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........................................ Research Consortium - Georgia Research Alliance. Capital Outlay............................................................. Georgia Military College - Computer Charges......... Total Funds Budgeted................................................. Lottery Funds Budgeted.............................................

92,790,980
30,000,000 3,015,000 1,500,000 18,466,000 24,200,000 15,469,980
140,000 92,790,980 92,790,980

Section 29. Department of Revenue. Budget Unit: Department Revenue ............................... Personal Services......................................................... Regular Operating Expenses...................................... Travel............................................................................ Motor Vehicle Purchases............................................. Equipment.................................................................... Computer Charges.......................................................
Real Estate Rentals ....................................................

216,107,558 68,114,477 5,897,544
1,137,518 209,605 313,114
16,643,346 2,914,564

1294

JOURNAL OF THE HOUSE

Telecommunications ........................................ Per Diem, Fees and Contracts....................... County Tax Officials/Retirement and PICA . Grants to Counties/Appraisal Staff............... Motor Vehicle Tags and Decals...................... Postage.............................................................. Investment for Modernization........................ Homeowner Tax Relief Grants....................... Total Funds Budgeted..................................... Indirect DOAS Services Funding................... State Funds Budgeted....................................

Departmental Functional Budgets

Total Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

46,161,657 8,918,336 12,116,330 17,643,052 8,913,730 19,044,280 8,613,241
87,815,302 4,955,574
20,000 4,601,401 2,683,110 221,486,013

Section 30. 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

4,387,012 5,136,308 2,594,443 2,056,834 4,523,184 1,351,977
389,165 9,424,325

3,341,779 1,933,600 3,422,795
0 2,404,350 4,175,880 27,977,441 83,000,000 221,486,013 3,845,000 216,107,558
State Funds
46,161,657 8,768,336 11,101,130 17,503,052 8,613,730 17,744,280 8,613,241
86,081,847 4,855,574
20,000 3,961,601 2,683,110 216,107,558
29,064,645 17,981,474 3,167,087
225,650 168,720 127,876 3,005,695 2,829,398 790,137 1,172,708 640,900 30,109,645 29,064,645
State Funds
4,357,012 5,061,308 1,874,443 2,006,834 4,503,184 1,351,977
389,165 9,274,325

FRIDAY, FEBRUARY 25, 2000

Holocaust Commission Total

246,397 30,109,645

B. Budget Unit: Real Estate Commission....................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

State Funds

Real Estate Commission

2,295,018

Section 31. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission ..............................................................$
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel............................................. ..............................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ County Conservation Grants.....................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 32. 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 .......................$

1295
246,397 29,064,645
2,295,018
'175^000 18,000 30,000 7,665
268,033 170,085 62,000 133,000 2,295,018 2,295,018
Cost of Operations
2,335,018
2,251,949
'389^285 39,850 28,914 13,253 10,300 122,258 26,926
426,907 86,000
2,612,199 2,251,949
33,921,783 532,701 22,680 18,600 0 5,500 25,233 59,589 18,691 52,653 0
4,610,455 27,372,520
0 81,700 320,625 65,075

1296

JOURNAL OF THE HOUSE

Osteopathic Medical Loans........................................................$ Georgia Military Scholarship Grants.......................................$ Paul Douglas Teacher Scholarship Loans................................$ Work Incentive for Students .....................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

33,186,136
735,647 33,921,783

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 33. 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............................................................... j

Section 34. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education .................................................$ Personal Services...................,....................................................$ Regular Operating Expenses..................................................... if Travel........................................................................................... j Motor Vehicle Purchases............................................................$
Equipment...................................................................................? Real Estate Rentals ................................................................... J

95,000 127,049
0 513,712 33,921,783 33,921,783
State Funds
33,186,136
735,647 33,921,783
210,951,363 111,497,102 31,981,035 27,567,229
0 34,117,000
563,422 225,575 3,500,000 975,000 525,000 210,951,363 210,951,363
3,515,000 7,322,760
397,300 20,500
0 23,950 1,061,717 622,335 284,987 389,300
0 3,300,000
215,000 0
13,637,849 3,515,000
265,174,356 7,365,399 574,232 177,380 24,658 184,271 870,529

FRIDAY, FEBRUARY 25, 2000

Per Diem, Fees and Contracts....................... Computer Charges........................................... Telecommunications ........................................ Salaries and Travel of Public Librarians ..... Public Library Materials ................................ Talking Book Centers ..................................... Public Library Maintenance and Operation. Capital Outlay ................................................. Personal Services-Institutions........................ Operating Expenses-Institutions.................... Area School Program...................................... Adult Literacy Grants..................................... Regents Program............................................. Quick Start Program....................................... Total Funds Budgeted..................................... State Funds Budgeted ....................................

Departmental Functional Budgets

Total Funds

Administration Institutional Programs Total

$

10,803,724

$ 332,626,957

$ 343,430,681

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 35. Department of Transportation. Budget Unit: Department of Transportation........... Personal Services.................................................... Regular Operating Expenses................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Computer Charges.................................................. Real Estate Rentals ............................................... Telecommunications ............................................... Per Diem, Fees and Contracts.............................. Capital Outlay........................................................ Capital Outlay - Airport Aid Program................. Mass Transit Grants.............................................. Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations............................. Contracts with the Georgia Rail Passenger Authority.............................................................. Total Funds Budgeted............................................ State Funds Budgeted...........................................

1297
450,787 1,009,682
146,786 16,251,603 6,045,458
1,104,526 8,025,736 2,352,500 198,816,237 59,469,464 6,218,967 19,420,938 3,600,628 11,320,900 343,430,681 265,174,356
State Funds
7,720,074 257,454,282 265,174,356
25,702,049
0 250,000
0 25,452,049
0 25,702,049 25,702,049
592,114,631 265,143,196
62,077,029 2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919 69,308,518 1,011,353,992 5,341,866 33,052,000
710,855
351,338 1,479,550,391
592,114,631

1298

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

1,141,955,134 237,575,931 17,859,379 34,571,796
1,431,962,240

General Funds Budget

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

85,000 0
2,985,502 43,806,794
710,855 47,588,151

Section 36. 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 .............................................................. Capital Outlay.......................................................... WWII Veterans Memorial........................................ Regular Operating Expenses for Projects and Insurance............................................................... Total Funds Budgeted.............................................. State Funds Budgeted.............................................

Departmental Functional Budgets

Total Funds

Veterans Assistance Education and Training Veterans Nursing Home-Augusta Total

$

22,316,359

$

0

$

8,072,029

$

30,388,388

Section 37. Workers' Compensation Board. Budget Unit: Workers' Compensation Board............................... Personal Services........................................................................ Regular Operating Expenses..................................................... Travel........................................................................................... Motor Vehicle Purchases............................................................ Equipment................................................................................... Computer Charges......................................................................

State Funds
295,689,552 225,093,946
17,299,379 33,788,121 571,870,998
85,000 0
2,507,391 16,940,387
710,855 20,243,633
21,648,772 5,401,527 253,108 92,245 53,000 492,660 27,080 269,784 82,020 14,389,340
7,724,029 783,095 128,000
692,500 30,388,388 21,648,772
State Funds
16,508,047 0
5,140,725 21,648,772
11,656,616 9,545,810
438,815 130,600
0 16,164 253,320

FRIDAY, FEBRUARY 25, 2000

1299

Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Payments to State Treasury .....................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

1,201,575 239,930 99,402 0
11,925,616 11,665,616

Section 38. 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) ................................................$
$

440,877,184 35,000,000
475,877,184

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) ......................................................$ Motor Fuel Tax Funds (New)....................................................$
$

54,310,233 0
54,310,233

Section 39. 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 40. Provisions Relative to Section 4, Department of Administrative Ser vices. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative
Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999.

1300

JOURNAL OF THE HOUSE

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 etseq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 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 41. 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:

Purpose

Amount

City of Acworth City of Acworth City of Adairsville City of Adel City of Alamo
City of Albany City of Albany City of Albany City of Alma
City of Alma
City of Americus City of Andersonville Appling County Appling County Board
of Education City of Aragon City of Arcade Athens/Clarke County

Purchase aluminum bleachers for city parks in Acworth
Purchase video cameras for patrol cars in Acworth
Replacement or renovation of police department building in Adairsville
Purchase/install emergency warning system in Adel
Operating funds for the Ocmulgee Regional Library System (Wheeler County Library) in Alamo
Operation of Slater King Adult Rehabilitation Day Center in Albany
Operation of after school tutorial program for students in East Albany
Lights for 8th Avenue ball field in City of Albany
Construction of law enforcement training center and firearms qualification range in City of Alma
Purchase computer and software, safety fence and install covered walkways at ABC Child Development Center in Alma
Renovate Rylander Theater in Americus Repairs of Holloway Building in
Andersonville Operating funds for the Welcome Center
in Appling County Purchase band uniforms and
instruments for Appling County Schools Operation of recreation facility
in the City of Aragon Install water line in City of Arcade Repairs to Rutland Psycho Educational
Services Center in Athens/Clarke County

$ 10,000

$ 10,000

$ 25,000

$

7,500

$ 25,000 $ 35,000 $ 20,000 $ 25,000

$

5,000

$

9,694

$ 100,000

$ 10,000

$

5,000

$ 20,000

$ 10,000 $ 25,000

$ 75,000

FRIDAY, FEBRUARY 25, 2000

Athens/Clarke County
Athens/Clarke County Athens/Clarke County Athens/Clarke County Atkinson County Board
of Education City of Atlanta City of Atlanta City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta Board
of Education City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta
City of Augusta City of Augusta City of Augusta
City of Augusta
City of Augusta City of Augusta

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 the NE Georgia Food Bank
in Athens/Clarke County Purchase band uniforms and lighting
at Atkinson County Schools Operate Atlanta Consultant Aftercare
Georgia Prison and Parole Task Force Operation of Georgia Soccer Foundation Operate Paradise Baptist Church after
school program in Atlanta Operating funds for the School of
Library and Information Programs at Clarke-Atlanta University 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 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 Operating funds for Community Care (Rids in Juvenile Care) in Fulton County Operation of child advocacy center in Augusta Promote tourism and development in the City of Augusta Construct fields and install additional lighting at Master City Little League Operation of the "Shirley Bladke Burn Retreat" at the Southeastern Firefighters Burn Foundation in Augusta Operation of the Augusta Clean and Beautiful Program Purchase equipment/install lighting at West Augusta Little League

1301
$ 10,000 $ 10,000 $ 10,000 $ 25,000 $ 20,000 $ 30,000 $ 30,000 $ 25,000
$ 500,000 $ 15,000 $ 25,000 $ 20,000 $ 50,000 $ 25,000
$ 50,000 $ 50,000
$ 50,000
$ 20,000 $ 40,000 $ 10,000,000
$ 15,000
$ 55,000 $ 20,000 $ 15,000

1302 Augusta/Richmond
County
Augusta/Richmond County Board of Education
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Bacon County
City of Baconton City of Bainbridge Baker County Baldwin County
Baldwin County Baldwin County Baldwin County Board
of Education Baldwin County Board
of Education
Baldwin County
Banks County City of Barnesville

JOURNAL OF THE HOUSE
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
Operation of Augusta-Richmond County Fire Rescue Safety House
Installation of a therapeutic whirlpool at Belle Terrace Swim CenterAugusta Recreation and Parks Department
Operating funds for Augusta Youth Center
Operate the Augusta/Richmond County Museum
Restoration and equipment in VFW Building and Masonic Lodge in Bacon County
Improvements to public water delivery service in Baconton
Construct the Southwest Georgia Welcome Center in Bainbridge
Provide funds for site preparation for Baker Elementary School
Develop master plan for Georgia College and State University campus in Baldwin County
Operation of Oconee Prevention Resource Council Inc. in Baldwin
Purchase fireboat for Baldwin County Fire Department
Operation of STAR program in Baldwin County Schools
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
Micro-filming of records in Banks County Purchase automated external
defibrillators and an air respiration system for City of Barnesville

$ 37,000

$ 30,000 $ 10,000

$

5,000

$ 25,000

$

5,000

$

5,000

$ 10,000

$ 1,554,600

$ 25,000

$ 10,000 $ 10,000 $ 35,000 $ 25,000

$ 25,000
$ 10,000 $ 20,000

$ 15,000

FRIDAY, FEBRUARY 25, 2000

Barrow County Barrow County Bartow County Bartow County Bartow County
Bartow County Ben Hill County
Ben Hill County City of Berlin Berrien County Berrien County Berrien County Board
of Education Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County City of Blackshear City of Blakely City of Blakely Bleckley County

Operation of Peace Place Inc. Shelter for battered women in Barrow County
Renovate Peace Place, Inc., a battered women's shelter in Barrow County
Operation of child advocacy center in Bartow County
Purchase equipment for Folsom Fire Station in Bartow County
Purchase equipment for Pine Log Volunteer Fire Department in Bartow County
Replace vehicle Bartow County transportation of retarded children
Restoration on e-wing of building and air conditioning for after school learning center in Ben Hill County
Improvements to Ben Hill County landing Roof repair on community center in
Berlin Purchase equipment for livestock
show barn in Berrien County Purchase computer system for the
Berrien County Sheriff Department Purchase band instruments for Berrien
County High School Operation of the Lighthouse Mission in
Bibb 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 Develop recreation property for
South Bibb County 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 band uniforms for Central High
School in Bibb County Purchase equipment and improvements to
Old Depot Building in Blackshear Renovation of gym in Blakely Replace water lines and fire hydrants
in the City of Blakely Operating funds for Bleckley
Fire Department

1303

$ 15,000 $ 10,000 $ 40,000 $ 25,000

$ 25,000 $ 75,000

$ 10,000 $ 15,000

$

5,000

$ 10,000

$ 25,000

$ 10,000

$ 100,000

$ 75,000

$ 15,000

$ 30,000

$ 50,000

$ 50,000

$ 40,000

$ 15,000

$ 25,000

$ 15,000

$ 15,000

$ 10,000

$

5,000

$ 15,000

$ 20,000

$ 15,000

1304

JOURNAL OF THE HOUSE

City of Bloomingdale

Repairs and equipment for softball

and baseball fields in

Bloomingdale

$ 10,000

City of Boston

Renovate library to be used as

multi-purpose community center in

Boston

$ 20,000

City of Bowersville

Enhancement to city infrastructure

in Bowersville

$ 10,000

Brantley County

Operating expenses for constituent

services program in Brantley County

$

5,000

City of Bremen

Operating expenses for Bremen Schools

$ 50,000

City of Bremen

Operating expenses for Bremen

recreation facility

$ 15,000

Brooks County

Renovate community center in Simmon

Hill, Brooks County

$ 10,000

Brooks County

Construct Tallokas Community Fire House

in Brooks County

$ 12,000

City of Broxton

Rehabilitation of city hall in Broxton

$

5,000

City of Brunswick

Replace recreation equipment in

Goodyear Park, City of Brunswick

$ 20,000

City of Brunswick

Replace recreation equipment in College

Park, City of Brunswick

$ 20,000

City of Brunswick

Construct a permanent location at City

Dock for area shrimpers in Brunswick

$ 10,000

Bryan County Baord

Purchase uniforms, equipment, and

of Education

supplies for Bryan County

athletic teams

$ 15,000

Bryan County Board

For school activities by Bryan High

of Education

School Booster Club and Hendrix Park

Expansion

$ 50,000

Bryan County

Purchase equipment for emergency fire

vehicle in Bryan County

$ 10,000

City of Buchanan

Operating expenses for Buchanan

recreation facility

$ 15,000

Bulloch County

Construct restroom building adjacent

to soccer complex at Mill Creek

Park, Statesboro in Bulloch County

$ 10,000

Butts County

Purchase equipment for the Butts

County Fire Department

$ 30,000

Butts County

Purchase equipment, renovate playground,

and repair tennis courts in Butts

County

$ 15,000

City of Byron

Develop downtown park in City of Byron

$ 50,000

City of Byron

Operation of a city park in Byron

$ 10,000

City of Byron

Purchase equipment and improvements

for Byron City Park

$

5,000

City of Cadwell

Operating funds for City of Cadwell

$ 10,000

Calhoun County Board Resurface track at Calhoun County High

of Education

School

$ 10,000

City of Cairo

Repairs to Roddenberry Memorial Library

in Cairo

$ 10,000

Camden County

Operation of Risk Watch Program at

the Camden County Fire Rescue Unit

$ 90,528

City of Camilla

Improvements to a recreational

complex in Camilla

$ 25,000

Candler County
City of Canon City of Carnesville City of Cartersville City of Cartersville City of Cave Spring City of Cave Springs City of Cecil City of Cedartown City of Centerville City of Centerville/
Houston County City of Chamblee City of Chamblee
Charlton County Charlton County Chatham County Chatham County Chatham County Chatham County Chatham County Chatham County Chatham County
Chatham County
Chatham County Chatham County Chattahoochee Board
of Education

FRIDAY, FEBRUARY 25, 2000

1305

Purchase equipment and supplies for the

communications center in Candler

County

$ 10,000

Operating funds and equipment at Canon

City Community Center

$ 15,000

Construction on Carnesville recreational

complex

$ 25,000

Operation of recreation facility in the

City of Cartersville

$ 25,000

Economic development in the City of

Cartersville

$ 240,000

Purchase water pump for water

system in Cave Spring

$ 25,000

Repair roof for Georgia School

for the Deaf

$ 25,000

Purchase fire fighting equipment for

volunteer fire department in Cecil

$

7,500

Operation of recreation facility in the

City of Cedartown

$ 25,000

Operating funds for the Senior Citizen

Building in Centerville

$ 25,000

Operating expenses for

Centerville/Houston County

Fire Department

$ 25,000

Improvements to computers at Elaine

Clarke Center in City of Chamblee

$ 15,000

Operation of a multi-use recreational

facility in the City

of Chamblee

$ 20,000

Repairs and maintenance of county

buildings in Charlton County

$

5,000

Purchase radio communication equipment

for Southern Charlton County

$ 25,000

Construct firing range at Armstrong

State University in Chatham County

$ 25,000

Operation of Historic Lucas Theater

in Chatham County

$ 50,000

Operating funds for the Roundhouse

Center Complex in Chatham County

$ 100,000

Operating funds for Bamboo Farm and

Coastal Gardens in Chatham County

$ 25,000

Outdoor Kiosk-Highway 21 to 1-95

in Chatham County

$ 10,000

Repairs for Cooper Center in Garden City

$

5,000

Repairs and improvements to the

Ogelthorpe Academy in City of Savannah/

Chatham County

$ 45,000

Operation of the Eighth Air Force Museum

"Women in Aviation" Exhibit in

Chatham County

$ 50,000

Operation of the Mighty Eighth Air Force

Museum in Chatham County

$ 100,000

Purchase van for Frank Callen Boys &

Girls Club in Chatham County

$ 30,000

Purchase equipment and supplies for the

Chattahoochee Board of Education

$ 50,000

1306

JOURNAL OF THE HOUSE

Chattooga County
Chattooga County Chattooga County Board
of Education City of Chester City of Chickamauga Clarke County Clay County Clay County Clay County Clayton County Board
of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County
Clayton County
Clayton County Board of Education
Clayton County
Clayton County

Improvements to the water line at Chattooga County Cloudland Water System
Purchase 'Jaws of Life' for Gore Fire Department in Chattooga County
Construct a computer technology shop for for Chattooga High School in Chattooga County
Establish a Chester City Police Department
Historic preservation and paving in Chickamauga
Operation of Strong Day Recovery Residence in Clarke County
Operation of the Clay County EMS/ ambulance services
Planning funds for the Clay County Airport
Operating expenses for EMS/ambulance services in Clay County
$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 for Pointe South Middle, North Clayton Middle, Riverdale Middle, and Riverdale High School
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 and projection device for Kemp Elementary in Clayton County
Calvary Refuge Center - operation of emergency shelter and refuge center for misplaced persons in Clayton County
Reynolds Nature preserve - park developmemVennancements in Clayton County
Purchase safety cameras for school buses in Clayton County
Forest Park Athletic Complex - remodel concession stand and purchase equipment in Clayton County
Construct child care center for Youth Empowerment Project in Clayton County

50,000 10,000
37,000 5,000 15,000 10,000
20,000 15,000 10,000

$ 75,000

$

7,500

$

7,500

$ 12,000

$ 10,000

$ 30,000 $ 60,000 $ 10,000 $ 25,000 $ 40,000

Clayton County
Clayton County
City of Climax
Clinch County
Clinch County
Cobb County
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County
Cobb County Board of Education
Cobb County
Cobb County Board of Education
Cobb County Board of Education
Cobb County Board of Education
Cobb County
City of Cobbtown City of Cochran Coffee County
Coffee County
Coffee County
Coffee County Board of Education

FRIDAY, FEBRUARY 25, 2000

Operation of the Arts Clayton, Inc.

in Clayton County

$

Operation of the Alzheimer's Support

Services in Clayton County

$

Purchase fire equipment in City of

Climax

$

Operation of Bridges of Hope in Clinch

County

$

Renovate/install canopy at Clinch County

Recreation Park

$

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 $

Purchase equipment and renovate North

Cobb High School stadium

$

Purchase of two sousaphones for North

Cobb High School

$

Brumby Elementary School- Provide

covered walkways and landscape in Cobb

County

$

Teasley Elementary School - Provide

wiring upgrades and covered walkways

in Cobb County

$

Expansion of the Cobb County Youth

Museum, Inc.

$

Sprayberry High School- build

field house in Cobb County

$

Purchase/install lights for Clarksdale

Village Baseball Fields (Southwest

Baseball Association, Inc.) in

Cobb County

$

Construction of multi-purpose outdoor

classroom at Pope High School in

Cobb County

$

Construct an athletic facility for

Campbell High School in Cobb County

$

Purchase musical instruments and

computer equipment for Autry Middle

School in Cobb County

$

Operation of the Cobb County

Collaborative

$

Upgrade softball field in Cobbtown

$

Operating funds for Cochran Arts Center

$

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

$

1307
25,000 50,000 5,000 10,000 5,000
20,000 25,000 15,000 10,000
5,000
10,000
10,000 25,000 35,000
15,000
50,000 20,000
3,000 20,000 5,000 10,000 5,000
5,000
10,000 10,000

1308

JOURNAL OF THE HOUSE

Coffee County Board of Education
City of Colquitt
Colquitt 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
Columbia County
Columbia County Board of Education
Columbia County Board of Education
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County

Purchase Coffee County High School PA System
Planning, design and renovation of historic building in City of Colquitt
Purchase turnout gear for the Colquitt County Volunteer Fire Department
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 Sheriff's Department
Purchase air packs and equipment for Appling Volunteer Fire Department in Columbia County
Purchase safety lighting for baseball field at Greenbriar High School in Columbia County
Landscape, erosion control and improvements to playground at Blue Ridge Elementary in Columbia County
Operation of foreign language program in Columbia County schools
Playground improvements at South Columbia Elementary
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
Operation of the "Veterans Life Action Center" in Muscogee
Operation of the Columbus Community Center Outreach Program in Columbus/ Muscogee County
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
Operate the Play and Learn Together Program in Columbus/Muscogee County

$

1,500

$ 10,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 10,000

$ 10,000

$ 25,000

$

5,000

$ 50,000

$

5,000

$

5,000

$

5,000

$ 20,000

$ 20,000

$ 25,000

$ 25,000

$ 25,000

$ 15,000 $ 35,000 $ 50,000

$ 100,000 $ 25,000 $ 15,000

FRIDAY, FEBRUARY 25, 2000

Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
City of Columbus City of Columbus
City of Columbus City of Columbus City of Columbus City of Commerce Board
of Education City of Concord City of Conyers Cook County Board
of Education Coweta County
Coweta County Crawford County Crisp County City of Cuthbert
City of Dallas City of Dalton City of Dalton City of Danville City of Darien
City of Darien City of Dawson

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
Columbus Youth Network outreach program for disadvantaged youth in Columbus/Muscogee 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
Operation of Easter Seals Program of West Georgia in Columbus
Operating funds for Outreach ProgramBoys Club of Columbus, Inc
Purchase/install heating and cooling unit for Commerce High School gym
Water system improvements in Concord Development of Big Haynes Creek
Nature Center Pave sidewalk at Cook County Middle
School along Elm Street Construct the Coweta Central Education
Center for a Governor's Education and Reform Study Commission (GERSC) pilot project Equip Senior Center rooms in Newnan/Coweta County Operation of Crawford County Recycling Center Operating funds for the Arts Alliance in Crisp County Cuthbert Housing Authority- Construct an assisted living and Alzheimer facility in Cuthbert Renovations to the Dallas Theater and Civic Complex Operation of the Northwest Georgia Girls Home Operation of Northwest Georgia Girl's Home in Dalton Repairs and equipment for the Danville Police Department Purchase computer equipment for Mclntosh County Sheriffs' Department in Darien Repairs to Fort King George Quarters Barrack in Darien Install central air and heating at Carnegie Library in Dawson

1309

$ 25,000 $ 20,000 $ 25,000
$ 15,000 $ 100,000
$ 25,000 $ 100,000 $ 40,000 $ 120,000 $ 20,000 $ 10,000 $ 50,000 $ 50,000

$ 6,750,000 $ 10,000 $ 15,000 $ 10,000

$ 10,000 $ 100,000 $ 20,000 $ 25,000 $ 50,000

$

5,000

$ 25,000

$ 30,000

1310
City of Dawson City of Dealing
City of Decatur DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County Board of Education
DeKalb County DeKalb County DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County Board of Education
DeKalb County DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education
DeKalb County

JOURNAL OF THE HOUSE

Renovation of downtown building by

Dawson Downtown Development Authority $

Operation of the Center for Applied

Nursery Research in the City of

Dealing

$

Repair of sidewalk in City of Decatur

$

Design and construction for DeKalb

County Children's Shelter for two

therapeutic group homes

$

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

$

Make improvements to the Briarwood

Recreation Center and grounds 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

$

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

$

Operation of the Senior Connection

in DeKalb County

$

Develop master plan for Dresden

Park in DeKalb County

$

Operation of Scottdale Child Development

& Family Resources Center of

Central DeKalb

$

Stone Mountain Middle School for

purchase of marquee in DeKalb 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 Changed Living Recovery

Residence, Inc. in DeKalb County

$

Operate Youth Vision Industry

Business Empowerment, Inc.

$

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

$

Beautification projects in DeKalb County

$

50,000
20,000 12,000
38,000
10,000 25,000
10,000
10,000
25,000 10,000
12,000 13,000 2,000 20,000
20,000 5,000
25,000
10,000 25,000 40,000
5,000
10,000 10,000

DeKalb County Board of Education
DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education DeKalb County
DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County
DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County

FRIDAY, FEBRUARY 25, 2000
Beautification project at Glenhaven Elementary in DeKalb County
Contract for services from Operation Dignity in DeKalb County
Operation of neighborhood after school programs in DeKalb County
Purchase school supplies for Decatur Arts Academy
Purchase of equipment and supplies for DeKalb County Sheriff Reserve
Clarkston Community Center Foundation for Old Clarkston High renovations in
DeKalb 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 Wilshire Condo Association-security lighting, replace street signs and playground improvements in DeKalb County Wade-Walker Park - repairs and operations in DeKalb 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 Operation of The Legacy Program in DeKalb County for the Decatur Chapter of 100 Black Women, Inc. Make improvements to and purchase program equipment and materials for Mark Trail Recreation Center 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 Operation of Safe Haven program in DeKalb County

1311

$

5,000

$ 15,000

$ 15,000

$

2,000

$

2,000

$ 25,000 $ 75,000 $ 25,000

$

6,000

$

8,000

$

7,500

$

7,500

$ 10,000 $ 30,000 $ 25,000
$ 75,000 $ 25,000 $ 10,000
$ 50,000
$ 25,000 $ 40,000 $ 35,000 $ 25,000 $ 50,000

1312
DeKalb County City of Dexter City of Dillard Dodge County Dodge County City of Donaldsville Dooly County Dougherty County
Dougherty County Dougherty County Dougherty County Dougherty County Douglas County Douglas County Douglas County Board
of Education Douglas County Board
of Education City of Douglas City of Douglas City of Dublin City of Dublin City of Dudley City of Duluth City of East Dublin City of East Point
City of East Point City of Eastman Echols County

JOURNAL OF THE HOUSE
Operation of the Legacy Program in DeKalb County
Upgrade of technology in Dexter Renovation of school building in Dillard Improvements to facilities at Eastman/
Dodge County Recreation Department Operating funds for Eastman Dodge
County Development Authority Purchase equipment for the Donaldsville
City Fire Department Purchase/install elevator at the
Dooly County Courthouse 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 Provide for a feasibility study for Dougherty County recreation facility Promote Flint River Tourism in Dougherty County Operation of Lithia Springs Library in Douglas County Purchase equipment for Lithia Springs Library in Douglas County Equipment for integrated info systems technology lab at Lithia Springs High School in Douglas County Purchase equipment for Lithia Springs High School in Douglas County Purchase HAZMAT Trailer for Douglas Fire Department Renovation and concession stand for Wheeler Park in Douglas Monument to public safety officers in Dublin Relocate utilities for road improvements in Dublin Water and sewer upgrades for Dudley Elementary School Construct a community center for Taylor Park in Duluth Relocate water and sewers in East Dublin Transportation for therapeutic recreation program participants in East Point Operation of project to identify behavioral problems in East Point Operating funds for Magnolia Theater in Eastman Renovate recreation building in Statenville, Echols County

10,000 15,000 35,000 5,000 25,000 10,000 100,000
10,000 25,000 10,000 90,000 150,000 25,000
5,000
25,000 10,000 5,000 5,000 10,000 10,000 15,000 60,000 15,000
50,000 30,000 10,000 40,000

FRIDAY, FEBRUARY 25, 2000

Effingham County Board of Education
Effingham County
City of Doerun
Effingham County
Elbert County Elbert County
Elbert County
Elbert County
Emanuel County
Emanuel County Board of Education
Emanuel County
Emanuel County
Emanuel County City of Emerson
City of Enigma
City of Euharlee
Fannin County
Fannin County
City of Fargo
City of Fargo
Fayette County Board of Education
City of Fitzgerald
Floyd County Board of Education
Floyd County Board of Education
City of Folkston City of Ft. Gaines
City of Fort Oglethorpe
City of Fort Valley

Renovation of Old Ebenezer One-Room School in Effingham County
Improve Jaycee Park in Rincon, Effingham County
Upgrade and maintenance at recreation facility in Doerun
Purchase fire fighting equipment for Sand Hill Fire Department in Effingham County
Elbert County Airport improvements Renovate Elberton Arts Theater in
Elbert County Construct facilities at William
Recreation Park in Elbert County Replace worn out band instruments -
Elbert County High School Purchase equipment for Emanuel
County Library Purchase band uniforms for Emanuel
County Institute Band Operation of the East Georgia
Health Cooperative in Emanuel County Repairs/renovation of Emanuel County
Arts Council facility Operating funds for Emanuel County Improvements to recreation facility in
the City of Emerson Purchase fire fighting equipment for
volunteer fire department in City of Enigma Operation of recreation facility in the City of Euharlee Renovation and repair of Fannin County Courthouse Renovation of the Epworth Community Center Partial re-roofing and renovation of school building in Fargo Renovate Old Fargo Elementary School building Purchase security fence for playground Kedron Elementary in Fayette County Construct an American Legion Memorial in City of Fitzgerald Operate Children Helping Children in elementary schools of Rome, Floyd County Purchase band uniforms for Pepperell High School in Floyd County Promotion of tourism in Folkston Renovation of senior citizen building in Fort Gaines Purchase fire department equipment and downtown development in Fort Oglethorpe Purchase of new streetlights for downtown area in Fort Valley

1313

$ 10,000

$

8,000

$ 10,000

$ 10,000 $ 32,000

$ 25,000

$ 50,000

$

3,000

$ 10,000

$ 10,000

$ 75,000

$ 15,000 $ 38,000

$ 15,000

$

7,500

$ 15,000

$

5,000

$ 10,000

$ 20,000

$ 100,000

$ 20,000

$ 10,000

$ 25,000

$ 25,000

$

2,500

$ 10,000

$ 10,000 $ 50,000

1314
City of Fort Valley
Franklin County Franklin County City of Franklin
Springs Fulton County Fulton County
Fulton County
Fulton County Board of Education
Fulton County Fulton County Fulton County Fulton County Fulton County
Fulton County Board of Education
Fulton County Fulton County Fulton County Fulton County
Fulton County Fulton County
Fulton County City of Funston City of Gainesville City of Gainesville City of Garden City

JOURNAL OF THE HOUSE

Repair roof for theater project

at the Fort Valley Downtown

Development Authority

$ 10,000

Purchase equipment for Gumlog Volunteer

Fire Department in Franklin County

$ 10,000

Construction of county recreation park

in Franklin County

$ 15,000

Emergency repair to city water/

sewer system in Franklin Springs

$ 15,000

Operating funds for Atlanta Fulton

Action Agency

$ 30,000

Operation of the Council on Minority

Health and Education of Metropolitan

Atlanta, Inc

$ 50,000

Renovation and purchase of equipment

for Autry Mill Nature Preserve in

Fulton County

$

5,000

Purchase novel sets for Centennial

High School in Fulton County

$ 10,000

Operation of the Promise Children's

Home, Inc. in Fulton County

$ 20,000

Operation of A.U.D.I.E.N.C.E.

in Fulton County

$ 75,000

Operation of Kidsgym USA,

Inc. in Fulton County

$ 50,000

Operate Project Prevent through Emory

University in Fulton County

$ 25,000

Operate My House emergency shelter

through Emory University in

Fulton County

$ 25,000

Construction and equip an arboretum

outdoor classroom at Dolvin

Elementary in Fulton County

$ 20,000

Operating funds for Atlanta Fulton

Action Agency

$ 50,000

Restoration and repairs to Williams-

Payne Museum building in Fulton County $ 40,000

Operating funds for the Southwest

Hospital in Fulton County

$ 100,000

St. Paul's Golden Age Center-for

equipment, operations and staff

training in Fulton County

$ 25,000

Operation of the Carrie Steele-Pitts

Home in Fulton County

$ 25,000

Renovations to the Southwest Community

Hospital to make ADA

compliant in Fulton County

$ 50,000

Operation of Georgia Coalition of

Black Women internship in Fulton

$ 30,000

Purchase office equipment and

computers for City of Funston

$

5,000

Purchase, plan and develop neighborhood

park in Gainesville

$ 40,000

Purchase playground equipment for south

side community in Gainesville

$ 10,000

Renovate gym to multipurpose

center in Garden City

$ 10,000

FRIDAY, FEBRUARY 25, 2000

Georgia Mountain RDC Operation of Boys and Girls Clubs

in Georgia Mountain RDC

$

Georgia Mountain RDC Construct a teaching facility for

Elachee Nature Science Center

for Georgia Mountain RDC

$

City of Gibson

Purchase of computer and software for

the Gibson Police Department

$

Gilmer County

Purchase a Class A fire truck

for Gilmer County

$

Glascock County

Construction of an auxiliary fire

station in Glascock County

$

Glascock County

Purchase a police car for the Glascock

Sheriff Department

$

City of Glennville

Glennville Recreation Department -

construct storage facility

addition and purchase playground

equipment

$

Glynn County

Improvements and repairs to Epworth

and Thalmann Parks in Glynn County

$

Glynn County

Renovate and purchase computer equipment

for St. Simons Island Library

in Glynn County

$

Glynn County Board

Purchase air conditioning at the

of Education

Glynn Academy High School

$

Glynn County

Operation of the Speech, Hearing

and Rehabilitation of Coastal Georgia,

Inc. in Glynn County

$

Grady County

Show barn and livestock facility

improvements in Grady County

$

City of Gray

Rebuild and repaint fire equipment

for Gray Fire Department

$

Greene County

Restoration of the historic Dr.

Calvin M. Baber House in Greene County $

Greene County

Restoration of historic Greensboro

Gymnasium in Greene County

$

Greene County

Repair and recarpet the Greene County

Library

$

Greene County

Purchase land to develop a

recreation complex in Greene County

$

City of Grovetown

Renovation of Grovetown Community Center $

City of Guyton

Purchase trailer mounted aerial

lift in Guyton

$

City of Guyton

Purchase playground equipment for

City of Guyton

$

Gwinnett County Board Construct a stadium facility at South

of Education

Gwinnett High School

$

Gwinnett County Board Stadium renovation for South Gwinnett

of Education

High School

$

Gwinnett County Board Purchase equipment for Berkmar Diamond

of Education

Booster Club at Berkmar High

School in Gwinnett County

$

Gwinnett County Board Improvements to athletic

of Education

facilities at Shiloh High School

in Gwinnett County

$

Gwinnett County Board Restoration of 1890 school house in

of Education

Gwinnett County

$

1315
10,000
5,000 7,500 10,000 10,000 10,000
10,000 20,000
20,000 25,000
25,000 25,000 15,000 2,500
7,500 20,000 30,000
5,000 10,000 10,000 75,000 15,000
25,000
25,000 25,000

1316

JOURNAL OF THE HOUSE

Gwinnett County

Norcross High School trip to

Washington DC (Gwinnett County)

$ 20,000

Gwinnett County Board Purchase educational materials and

of Education

equipment for Rockbridge Elementary

in Gwinnett County Schools

$ 25,000

Gwinnett County Board Playground repair, enhancement and

of Education

equipment and math intervention

program materials for Nesbit

Elementary School in Gwinnett County

$ 25,000

Gwinnett County Board Travel expenses for Norcross High School

of Education

Band in Gwinnett County

$ 10,000

Gwinnett County

Install lighting, renovate concessions

and other improvements to the Lilburn/

Greater Gwinnett Athletic Association/

Lions Club Park

$ 25,000

Gwinnett County Board Construct football stadium at Collins

of Education

Hill High School in Gwinnett County

$ 40,000

Gwinnett County Board Renovate football stadium at Dacula

of Education

High School

$ 50,000

Gwinnett County Board Purchase and install lights at Dacula

of Education

High School baseball field

$ 35,000

Gwinnett County Board Improvements to fields and equipment

of Education

at Berkmar High School in Gwinnett

County

$ 50,000

Hall County Board

Improvements to athletic field at

of Education

Johnson High School in Hall County

$ 20,000

Hall County Board

Construct an awning to bus loading area

of Education

at Flowery Branch Elementary School

in Hall County

$ 10,000

Hall County

Develop nature preserve programs at

Elachee Nature Science Center

$ 10,000

Hall County

Salvation Army Camp

$

5,000

City of Hampton

Renovation of Hampton City Hall

$ 10,000

City of Hapeville

Renovations to Hapeville city pool

$ 50,000

Haralson County

Operating expenses for Haralson

County Schools

$ 50,000

Haralson County

Operating expenses for Blooming Grove

Fire Department

15,000

City of Harrison

Completion of a park in City of Harrison

25,000

Hart County Board

Hart County High School - renovation

of Education

and construction at recreation complex

15,000

City of Hawkinsville

Maintenance and operation of M.E.

Roden Memorial Library in Hawkinsville

10,000

City of Hawkinsville

Feasibility study for river front

improvements in City of Hawkinsville

50,000

Heard County

Construct a solid waste convenience

center in Heard County

50,000

Heard County Board

Purchase field lights for baseball

of Education

field at Heard County High School

15,000

Heard County

Purchase lights for Riverside Park in

Franklin and create a new ballpark

and playground

$ 15,000

Heard County

Provide water and electricity to

Brush Creek Park in Heard County

$ 10,000

City of Hiawassee

Renovate and roof historic Hiawassee

City Hall

$ 25,000

FRIDAY, FEBRUARY 25, 2000

1317

Henry County

Purchase cameras for the Henry

County Police Department

$ 45,000

Henry County

Build entrance, drainage and

practice fields-Moseley Park,

Stockbridge in Henry County

$ 10,000

Henry County Board

Purchase/install lighting system for

of Education

women's softball field at Eagles

Landing High School in Henry County

$ 10,000

Henry County Board

Purchase/install lighting system

of Education

for women's softball field at

Henry County High School

$ 10,000

City of Hoboken

Construct a veterans memorial in Hoboken $

5,000

City of Hogansville

Purchase/construct sanitary sewage

pump station in Hogansville

$ 75,000

City of Homeland

Operating expenses and equipment for

the Homeland Police Department

$

2,500

Houston County

Operating funds for the Houston

County Arts Alliance

$ 25,000

Houston County Board Purchase equipment for vocation lab

of Education

in Houston County schools

$ 15,000

Irwin County

Repair and renovation work to

Irwin County Courthouse

$ 15,000

Irwin County

Repair and restoration of monument on

courthouse square in Irwin County

$

5,000

Irwin County Board

Purchase of equipment for Irwin County

of Education

High Marching Band

$

5,000

Irwin County Board

Purchase band uniforms for Irwin

of Education

County High School

$ 20,000

Jackson County

Construct a horticultural building

in Jackson County

$ 18,000

City of Jacksonville

Operating funds for Jacksonville

Fire Department

$

5,000

Jasper County

Improvements to Rose Bowl Field

for Jasper County

$ 10,000

Jeff Davis County

Operating funds for the recreation

facility in Jeff Davis County

$ 10,000

Jeff Davis County

Purchase high school ball field

Board of Education

lights in Jeff Davis County

Schools

$ 50,000

City of Jefferson

Construction of the City of

Jefferson Fire Station

$ 10,000

Jefferson County

Purchase equipment for Jefferson

County Sheriff Department

$ 20,000

Jefferson County

Completion of park project

in Jefferson County

$ 50,000

Jenkins County

Jenkins County Development Authority-

renovate train depot in Millen

$ 20,000

Jenkins County

Construct addition to Agriculture

Center in Jenkins County

$

5,000

Jenkins County

Repairs to depofmuseum chamber office

in Jenkins County

$

5,000

City of Jesup

Senior Citizen facility repairs in Jesup

$ 10,000

Johnson County Board Construct multi-purpose facility

of Education

in Johnson County Schools

$ 25,000

Johnson County

Repair pumper truck and equipment

for the Scott Volunteer Fire

Department in Johnson County

$

2,500

1318

JOURNAL OF THE HOUSE

Johnson County

Purchase well, pump and equipment

for the Buckeye Volunteer Fire

Department in Johnson County

$

2,500

Johnson County Board Construct multi-purpose facility for

of Education

Johnson County schools

$ 25,000

Jones County

Operation of Boys and Girls

Clubs in Jones County

$ 10,000

City of Kennesaw

Expansion and renovation of facility

at Kennesaw Civil War Museum

$ 25,000

City of Keysville

Complete the construction of the

Keysville Human Development Center

$ 35,750

City of Kingston

Sewage project in City of Kingston

$ 31,000

City of Kingsland

Construct/operate animal control

shelter in City of Kingsland

$ 25,000

City of Kite

Renovation and repair of community

center in City of Kite

$

5,000

City of LaFayette

Purchase police vehicle cameras

for LaFayette Police Department

$ 25,000

Lake City

Improvements to park in Lake City

$ 10,000

Lamar County

Equipment and improvements for Redbone

Volunteer Fire Department

in Lamar County

$

5,000

Lamar County

Lamar County Agricultural Authority-

Construct a show facility

$ 50,000

Lanier County Board

Construct press box and dressing

of Education

room for football stadium in

Lanier County

$ 25,000

Laurens County Board Planning for joint school auditorium

of Education

in Laurens County

$ 10,000

Laurens County

Operating funds for Cedar Grove

$ 10,000

City of Lavonia

Development of city park and playing

field in Lavonia

$ 15,000

Lee County

Install lighting at Lee County

Dixie Youth Baseball fields

$ 16,000

Lee County

Provide and improve lights at

Lee County Pee Wee and Pony

League Fields

$ 40,000

Lee County Board

Improvements to irrigation system

of Education

on athletic fields at Lee County

Schools

$ 25,000

Lee County

Promote economic development at Lake

Blackshear in Lee County

$ 40,000

Liberty County

Fleming Volunteer Fire Department

equipment purchase in Liberty County

$

5,000

Liberty County

Purchase equipment for Walthourville

Fire Department in Liberty County

$ 10,000

Liberty County Board Repair and renovation at alternative

of Education

school/psycho-ed center in

Hinesville, Liberty County

$ 25,000

Liberty County

Operation of the Alzheimer respite

care facility in Liberty County

$ 25,000

Liberty County

Purchase medical supplies for Coastal

Medical Clinic in Liberty County

$ 17,000

Liberty County

Install water and restrooms at

Seabrook Village Foundation in

Liberty County

$ 20,000

FRIDAY, FEBRUARY 25, 2000

1319

City of Lilburn
Lincoln County Lincoln County Lincoln County City of Locust Grove
Lowndes County Lowndes County Board
of Education Lowndes County
Lowndes County
Lowndes County Long County City of Ludowici Lumpkin County
City of Lyons
City of Lyons City of Macon City of Macon Macon County City of Macon City of Macon Madison County Board
of Education City of Madison City of Manchester City of Manchester
City of Marietta City of Marietta

Renovation and equipment Greater

Gwinnett Athletic Association

Lions Club Park in Lilburn

$

Purchase pagers and light turnout

gear for Lincoln County Rescue

$

Purchase equipment for Midway Volunteer

Fire Department in Lincoln County

$

Purchase equipment for Lincoln County

Office of Emergency Services

$

Purchase investigative equipment

for police department and recreation

improvements for City of Locust Grove

$

Construct North Lowndes County

Fire Station

$

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

$

Construct a facility at Southside

Community Center in Lowndes County

$

Operating expenses for Long County

$

Police and fire departments

upgrades in Ludowici

$

Purchase fencing and lighting

for public swimming pool in

City of Dahlonega, Lumpkin County

$

Recreation Department to retire

outstanding debt on community center

in City of Lyons

$

Operation of the recreation

department in Lyons

$

Purchase Police Athletic League

equipment in City of Macon

$

Purchase/construct a recreation/

sports facility in Macon

$

Increase seating capacity in

Macon County school stadium

$

Operate the Douglas Theater

in the City of Macon

$

Operation of the Tubman Museum in Macon $

Construct multipurpose recreation park

for Madison County Board of Education

$

Operation of the Madison Cultural Center $

Purchase/install street lights

for community building in Manchester

$

Transfer/removal of overhead

power lines in downtown Manchester

County

$

Operation of the Wellstar Hospice

Program in Cobb County

$

Repair of pre-Civil War cannon

through the Marietta Museum of History $

15,000 5,000 5,000 10,000
9,000 25,000 25,000
15,000
10,000 65,000 150,000 10,000
5,000
20,000 5,000 15,000 45,000 100,000 100,000 25,000 25,000 2,000 40,000
50,000 50,000 10,000

1320

JOURNAL OF THE HOUSE

City of Marietta
City of Marietta Board of Education
Marion County Board of Education
City of McCaysville
City of McCaysville City of McCaysville City of McCaysville McDuffie County Board
of Education
McDuffie County Board of Education
McDuffie County Board of Education
Mclntosh County
City of McRae
Meriwether County Board of Education
Meriwether County
City of Metter
City of Milledgeville
City of Millen
Miller County
City of Milner
Mitchell County
Monroe County
Monroe County
Monroe County
City of Montezuma
City of Monticello
City of Morrow City of Moultrie

Operating funds for the Marietta Museum of History
Playground enhancements at five elementary schools in Marietta
Construct track at football field for Marion County Schools
Build and furnish public restrooms in McCaysville
Renovate city park in McCaysville Study downtown parking in McCaysville Furnish new City Hall in McCaysville Restoration of Bowden-Johnson
Home McDuffie County Historical Society Purchase equipment for new band facility for the Thomson High School Band Purchase computer hardware, software and cable for the Thomson High School band room Construct multi-purpose facility in Mclntosh County Operating funds for McRae/Helena South Georgia Auditorium Operating funds for the recreation facility at Greenville High School in Meriwether County Construct solid waste compactor/ convenience center in Meriwether Purchase emergency generators for the City of Metter Operation of the Milledgeville Local Welcome Center Correct water drainage problem at recreation complex in Millen Construct fire station #4 in Miller County Renovate, enhance and equip City Park of Milner Operating funds and equipment for volunteer fire departments in Mitchell County Construction of bleachers for Monroe County Horse/Livestock Arena Construction of a building at multi-purpose field in Monroe County Construction of dugouts at softball fields in Monroe County Provide downtown parking spaces for City of Montezuma Municipal park construction/ improvements at Funderburg Park in Monticello Improvements to park in City of Morrow Repair facilities in the City of Moultrie

$ 15,000
$ 25,000
$ 30,000
$ 10,000 $ 10,000 $ 10,000 $ 10,000

$ 10,000

$ 10,000

$

6,500

$ 35,000

$ 10,000

$ 25,000

$ 75,000

$ 15,000

$ 10,000

$

5,000

$ 15,000

$ 10,000

$ 25,000 $ 20,000

$ 10,000 $ 25,000 $ 45,000

$ 15,000 $ 15,000
$ 20,000

FRIDAY, FEBRUARY 25, 2000

1321

City of Moultrie

Upgrade kitchen facilities at

SOWEGA Community Action Council

$ 20,000

City of Mt. Vernon

Construct park in City of Mt. Vernon

$

5,000

City of Mountain City Construct sewer extension in

Mountain City

$ 25,000

City of Mountain Park Engineering study on Garrett Lake

in City of Mountain Park

$ 25,000

Murray County

Purchase walk-in refrigerator and

freezer for Senior Citizen Center

$ 10,000

Murray County

Grounds work at the Chief Van

House in Murray County

$ 10,000

City of Nahunta

Construction of fire department

building in Nahunta

$

5,000

City of Nashville

Construct a walking track in Nashville

$ 10,000

City of Newnan

Operating funds for Achievers

International in Newnan

$ 20,000

Newton County Board Purchase and install lights for

of Education

football practice field for Newton

High School

$ 45,000

Newton County

Purchase cameras for the Newton County

Sheriffs Department

$ 30,000

Northeast Georgia RDC Economic development along US 441

in the Northeast Georgia RDC region

$ 50,000

Oconee County Board Operation of the Agriscience facility

of Education

at Oconee County High School

$ 10,000

City of Odum

Purchase equipment storage facility in

Odum

$

5,000

City of Odum

Repairs to City Hall and Fire

Department in Odum

$

5,000

City of Offerman

Purchase truck for Offerman/Big

Creek Volunteer Fire Department

$

5,000

Oglethorpe County

Bryan Park- Purchase of playground

equipment and site construction

in Oglethorpe County

$ 20,000

City of Patterson

Operating funds for Heritage Fund

to establish and promote historical

sites in Patterson

$

5,000

Paulding County Board Operation of Paulding County Board

of Education

of Education recreation facility

$ 25,000

Peach County

Develop countywide water/sewer

system in Peach County

$ 50,000

Peach County

Refurbish courthouse facade in Peach

County

$ 25,000

Peach County

Refurbish courthouse facade in Peach

County

$ 25,000

City of Pearson

Purchase of mulchers for City of Pearson

$

5,000

City of Pelham

Upgrade and install lighting at

two sports complexes in Pelham

$ 25,000

City of Perry

Purchase land for the Genesis House

for the Homeless Center in Perry

$ 25,000

Pierce County

Operating funds for Pierce County

Lee Street Resource Center

$ 25,000

Pierce County

Improvements to Lakeview Community

Center in Pierce County

$ 25,000

Pierce County

Operating expenses for Pierce County

$ 50,000

Pierce County

Purchase computer equipment for

the Pierce County Chamber of Commerce $

5,000

1322

JOURNAL OF THE HOUSE

Pierce County
City of Pinehurst City of Plainville City of Port Wentworth City of Portal City of Poulan Pulaski County Putnam County
Putnam County Quitman County Board
of Education Quitman County Quitman County Board
of Education Quitman County
Quitman County Rabun County Rabun County Rabun County Rabun County Randolph County
Randolph County Town of Rebecca City of Reidsville City of Remerton City of Remerton Richmond County

Renovate building to use as a resource center and meeting facility at the Pierce County Consolidated Men's Club
Construction of utility maintenance barn in Pinehurst
Equipment for City of Plainville Fire Department
Construct recreational facilities in Port Wentworth
Purchase trash truck for City of Portal Purchase truck for trash removal in
Poulan Consolidate city/county governments
in Pulaski County Purchase/install lights for ballpark
at Jimmy Davis facility in Putnam County Purchase van for Uncle Remus Regional Library system Restoration to the Kaigler Training School Building in Georgetown for the Quitman Board of Education Feasibility study for Bio Conversion Plant in Quitman 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 Feasibility study for Quitman Welcome Center Purchase equipment for Rabun County Volunteer Fire Department Operate Fight Abuse in the Home in Rabun County Purchase of fireboat at Lake Seed in Rabun County Purchase rescue equipment in Rabun County Correct erosion problems for the Flint River Girl Scout Council Camp in Randolph County Feasibility study for an airport in Randolph County Purchase fire station and equipment for City of Rebecca Construct shelter for playground at Reidsville Headstart Renovation of downtown area in City of Remerton Purchase police equipment for City of Remerton Repair roof on the Imperial Theater in Richmond County

10,000 25,000 10,000 25,000 10,000 10,000 25,000
25,000 8,000
55,000 5,000
10,000
25,000 25,000
5,000 10,000 10,000 15,000
15,000 20,000 10,000 5,000 75,000 20,000 50,000

FRIDAY, FEBRUARY 25, 2000

Richmond County
Richmond County
Richmond County Richmond County Richmond County Board
of Education Richmond County Board
of Education
Richmond County Consolidated Govern-
ment Richmond County Richmond County Richmond County Board
of Education Richmond County Richmond County Richmond County
Richmond County
Richmond County Richmond County Richmond County Richmond County
Richmond County
Richmond County
Richmond County

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
Purchase of the final tract of land adjacent to Ezekiel Harris House
in Richmond County 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 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 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

1323

$

5,000

$ 40,000 $ 10,000 $ 10,000

$

5,000

$ 15,000

$ 50,000 $ 15,000 $ 15,000

$ 50,000 $ 20,000 $ 10,000

$

5,000

$ 40,000

$ 10,000

$ 25,000

$

8,000

$

7,000

$ 15,000

$ 25,000

$ 10,000

1324 Richmond County
Richmond County
Richmond County
Richmond County
Richmond County Richmond County Richmond County City of Riverdale City of Rochelle City of Rockmart Rockdale County City of Rockmart City of Rome City of Rome City of Sale City City of Savannah City of Savannah City of Savannah
City of Savannah City of Savannah City of Savannah City of Savannah City of Screven
Screven County City of Screven Seminole County Seminole County

JOURNAL OF THE HOUSE
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
River Race Funding in Richmond County Improvement funds for city park in
Riverdale Expand Rochelle City Hall Equipment for the Rockmart
Fire Department Purchase equipment for the Rockdale
County Fire Department Operation of recreation facility
in the City of Rockmart Operation of Camp Good Times Purchase sprinkler system for Rome
History Museum Improvements to local recreation complex
in Sale City 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 Promote tourism and development in the City of Savannah Operation of Project Success in Savannah Retire debt on EOA Austin House Center in Savannah Purchase of building for Cultural Affairs Commission in Savannah Improvements to the water tower electronics board in City of Screven Renovation of Screven County Agricultural Center Community Center repairs in City of Screven Pave parking lot of Senior Citizens Center in Seminole County Purchase equipment for volunteer rescue squads in Seminole County

$

5,000

$ 20,000

$

5,000

$ 15,000

$ 10,000

$ 40,000 $ 25,000

$ 10,000

$

5,000

$

5,600

$ 30,000

$ 30,000 $ 25,000

$ 25,000

$

5,000

$ 10,000

$ 10,000

$

5,000

$ 8,955,000 $ 25,000

$ 25,000

$ 10,000

$

5,000

$ 50,000

$ 10,000

$

7,300

$ 10,000

FRIDAY, FEBRUARY 25, 2000

City of Smyrna
City of Social Circle City of Soperton Spalding County Board
of Education City of Sparks City of Springfield City of St. George City of St. Marys Stephens County
Stephens County Stephens County City of Stone Mountain City of Stone Mountain City of Summertown Sumter County
City of Swainsboro City of Sycamore City of Sylvania Talbot County Taliaferro County City of Tallapoosa Tattnall County Board
of Education Tattnall County Board
of Education Tattnall County Board
of Education Tattnall County Tattnall County

Restoration/preservation of markers and headstones at Smyrna Memorial Cemetery
Construction of city park and parking area in Social Circle
Operation of recreation facility in the City of Soperton
Operation of a program to reduce high school drop-out rates in the Spalding Board of Education
Purchase equipment for Sparks Police Department
Match downtown improvement grants in City of Springfield
Purchase a fire brush truck for the City of St. George
Renovation of Waterfront Theater in St. Mary's
Purchase equipment for Tates Creek VFD and renovate Games Creek VFD facilities in Stephens County
Install roof and renovate ToccoaStephens County Historical Society
Purchase field fencing for Toccoa Little League in Stephens County
Operating expenses for ART Station in Stone Mountain
ART Station renovation/repair in Stone Mountain
Renovation and repair of community center in Summertown
Purchase/install outfield fences and related improvements at Little League field for Sumter County Board of Commissioners
Purchase of computer equipment for City of Swainsboro
Purchase recreation and playground equipment for new park in Sycamore
Purchase playground equipment for City of Sylvania
Improvements to Central High School football stadium in Talbot County
Taliaferro County Volunteer Fire Department - purchase rescue equipment
Operating expenses for Tallapoosa recreation facility
Operation of the STARR Program in Tattnall County Schools
Purchase band uniforms and instruments in Tattnall County Schools
Instructor for Tattnall County STAR program
Purchase echo-cardiogram unit for Tattnall Memorial Hospital
Operation of Tattnall Memorial Hospital

1325

$ 20,000 $ 50,000 $ 10,000

$ 50,000

$ 10,000

$

5,000

$ 48,000

$ 25,000

$ 20,000

$

4,000

$ 10,000

$ 25,000

$ 50,000

$

5,000

$ 50,000 $ 10,000 $ 10,000 $ 25,000 $ 65,000 $ 10,000 $ 15,000 $ 10,000 $ 10,000 $ 10,000 $ 50,000 $ 100,000

1326
Tattnall County Board of Education
Taylor County
Telfair County Telfair County
Telfair County Board of Education
Terrell County
Thomas County Board of Education
Thomas County Board of Education
Town of Thunderbolt
Town of Thunderbolt
Tift County Board of Education
City of Tifton
Toombs County
City of Toomsboro
Treutlen County
Turner County
City of Tybee Island City of Tyrone
City of Tyrone
City of Tyrone City of TyTy City of Unadilla
Uncle Remus Regional Library System
Union County
Union County
City of Vidalia
City of Vidalia

JOURNAL OF THE HOUSE
Sidewalks from band room to football field in Tattnall County Schools
Purchase property for a parking lot in Taylor County
Operating funds for Telfair County Operating funds for Horse Creek
Volunteer Fire Department in Telfair County Pave parking lot and other improvements at Telfair County High School Repair to clock and steeple at courthouse in Terrell County Refurbish track at Thomasville High School Replace carpet in Central High School Gym in Thomas County 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 Purchase band uniforms for Tift County Band Equipment for communications center for City of Tifton Fire Department Construct restrooms for community center at Cedar Crossing Area in Toombs County Equip and repair fire truck in Toomsboro Operation and repair of the Treutlen Welcome Center on 1-16 Construct horse competition and rodeo arena in Turner County Tybee Island Lighthouse restoration Construct a sidewalk/path in the City of Tyrone Construct a concession/restroom facility at the Redwine Community Park in the City of Tyrone Operation of the Tyrone Library Improvement of recreation areas in TyTy Purchase of jet sewer machine for City of Unadilla Purchase van for Uncle Remus Regional Library System Purchase equipment for Union County Hospital Construct a recreation facility for Union County Parks and Recreation Operation of the recreation department in Vidalia Replace playground equipment and renovate Ganelle Davis Park facility in Vidalia

$

5,000

$ 40,000 $ 10,000

$

5,000

$ 25,000

$ 15,000

$ 15,000

$ 15,000

$

5,000

$ 10,000 $ 10,000 $ 20,000

$

5,000

$ 10,000

$ 10,000

$ 10,000 $ 75,000

$ 40,000

$ 40,000

$ 20,000

$

5,000

$ 25,000

$ 17,500

$ 248,000

$ 10,000

$

5,000

$ 30,000

FRIDAY, FEBRUARY 25, 2000

City of Vidalia Walker County
Walton County Board of Education
Walton County Board of Education
Ware County Ware County Board
of Education City of Warner Robins
City of Warner Robins City of Warner Robins Warren County Warren County Warren County City of Warrenton City of Warrenton City of Warwick Washington County City of Waycross Board
of Education Wayne County Wayne County City of Waynesboro
Webster County Board of Education
Webster County Wheeler County
City of Whigham City of Whigham

Operation of the Vidalia Boys and Girls Club
Construct a multi-purpose building at Walker County West Armuchee Community Center
Purchase band uniforms for Loganville High School in Walton County
Purchase band uniforms for Loganville High School in Walton County
Purchase recreational equipment for Ware County
Purchase equipment for Ware County ROTC
Purchase/install lights and fences for Warner Robins National Little League Program
Operating funds for the Salvation Army Safehouse in Warner Robins
Operating expenses for the Museum of Aviation in Warner Robins
Purchase rescue equipment for Warren County
Operation of the recreation department in Warren County
Purchase of rescue equipment for northern Warren County
Renovation of the City of Warrenton Cultural Art Center
Restoration of historic gymnasium in City of Warrenton
Purchase new police vehicle for City of Warwick
Refurbish T.J. Elder Community Center in Washington County
Waycross-Blackshear Tourist promotion
Lighting for girls softball field in Wayne County
ADA improvement to Jaycee public landing area in Wayne County
Liberty Square Historic Association beautification and improvement to historic commercial district in Waynesboro
Infrastructure for computers and technical equipment for Webster County school buildings
Repair of courthouse in Webster County Purchase equipment for baseball and
midget football at Glenwood and Alamo Facilities in Wheeler County Purchase equipment for City of Whigham Improvements to city properties in City of Whigham

1327

$

5,000

$ 40,000

$ 15,000

$ 10,000 $ 25,000 $ 25,000

$ 10,000

$ 50,000

$ 90,000

$ 12,300

$

5,000

$ 12,000

$ 20,000

$ 10,000

$ 10,000

$ 25,000

$ 15,000

$ 15,000

$ 15,000

$ 65,000
$ 15,000 $ 10,000
$ 10,000 $ 10,000 $ 15,000

1328 Whitfield County
White County
White County White County Board
of Education Wilcox County Wilcox County Wilcox County Wilcox County Wilcox County
Wilcox County
Wilkes County
Wilkinson County Worth County

JOURNAL OF THE HOUSE
Purchase of Hamilton House and museum for the Whitfield/Murray Historial Society
Road and Bridge, restroom White County Recreation Department playground in Sautee Nachoochie Community
Renovations to a recreation facility at White County Recreation Department
Operation of Pioneer RESA in White County 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 Expansion of existing building to
accommodate expansion of City Hall in Wilcox County Purchase building for Cedar Creek Volunteer Fire Department in Wilcox County Purchase equipment for fire station for Newtown Community in Wilkes County Repairs to city-county library in Wilkinson County Improvements to youth football program area buildings and grounds in Worth County

$ 50,000

$ 35,000

$ 20,000

$

8,000

$

5,000

$

5,000

$ 10,000

$

5,000

$

5,000

$

5,000

$ 15,000 $ 15,000

$ 15,000

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 42. Provisions Relative to Section 8, Department of Community Health. There is hereby appropriated to the Department of Community Health 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.

FRIDAY, FEBRUARY 25, 2000

1329

Section 43. Provisions Relative to Section 11, State Board of Education - De partment 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 44. Provisions Relative to Section 12, Employees' Retirement System. It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 45. Provisions Relative to Section 16, 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
1 2 3 4 5 6 7 8 9 10 11

Standards of Need
$ 235 356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such 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 46. Provisions Relative to Section 22, Merit System of Personnel Admin istration. The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.

1330

JOURNAL OF THE HOUSE

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 47. 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 48. Provisions Relative to Section 29, 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.
Section 49. Provisions Relative to Section 33, 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 50. Provisions Relative to Section 35, 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

FRIDAY, FEBRUARY 25, 2000

1331

less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section DC, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 51. In addition to all other appropriations for the State fiscal year ending June 30, 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 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

1332

JOURNAL OF THE HOUSE

A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56. In accordance with the requirements of Article 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 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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.

FRIDAY, FEBRUARY 25, 2000

1333

(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 58. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 59. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act

Section 60. Provisions Relative to Section 37, State of Georgia General Obliga tion Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.

Principal Amount

Debt Service

A.) Maturities not to exceed two hundred forty months.

Department of Education regular entitlements, regular advanced funding and low-wealth funding
Learning Center at Clayton College and State University
Technology and Commerce Center at Columbus State University
Science and Nursing Building at Georgia Southern University
Camden Center Facility at Coastal Georgia
Russell Library and Information Center at Georgia College and State University

$ 93,335,000 $ 22,300,000 14,930,000 22,890,000 16,700,000 18,460,000

8,306,815 1,984,700 1,328,770 2,037,210 1,486,300 1,642,940

1334

JOURNAL OF THE HOUSE

Housing Residence Hall at Savannah State
University Housing Residence Hall at Savannah State
University (payback project) Construct and equip a shipping/receiving
warehousing facility for the
Herty Foundation Complete broadcast infrastructure
upgrades to digital for 3 Georgia Public Telecommunications Commission
stations Department of Technical and Adult
Education projects: Technology building at Griffin Tech Multipurpose building at Atlanta Tech Phase I of Moultrie Tech's new campus Computer technology building for
Albany Tech Occupational technology building
for Savannah Tech HR/IT child development building for
Macon Tech Classroom/student services building
Augusta Tech Liberty County campus for
Savannah Tech Hancock County center for Sandersville
Tech Contingencies for Technical and Adult
Education projects Renovations and improvements to Geeslin,
Haynes and Hicks at South Georgia Tech and the economic development and Quick Start building at Southeastern Tech Property acquisitions for the Department of Technical and Adult Education Provide 50% match for priority repairs and renovations at public libraries Construct a third auto dock at Colonel's
Island Purchase land and develop a port site
for a poultry cold storage Complete construction of the phase IV
expansion of the World Congress Center Develop parking facilities to replace
parking lost to phase IV expansion site of the World Congress Center Purchase the Georgia Power site on
Northside Drive ($3,000,000) Construct 10 additional cabins at
Richard Russell State Park ($1,200,000) and for the Sweetwater Creek Interpretive Center ($1,500,000) Purchase 500 acres of land along the Alatamaha River in Appling County for
a new state park

6,470,000 7,500,000
620,000
2,800,000
9,775,178 7,044,220 16,942,134 7,418,258 8,965,680 9,353,555 9,015,312 5,026,480
692,500 766,683
6,660,000 500,000
2,875,000 9,000,000 9,000,000 4,400,000
7,000,000 3,000,000
2,700,000
600,000

575,830 667,500
55,180
249,200
869,991 626,936 1,507,850 660,225 797,946 832,466 802,379 447,357
61,633 68,217
592,740 44,500 255,875 801,000 801,000 391,600
623,000 267,000
240,300
53,400

FRIDAY, FEBRUARY 25, 2000

Construct a new public fishing pier on the St. Mary's River in Camden County
Construct a clubhouse, cart barn, parking lot, maintenance driving range and putting green for phase II of the Victoria Golf Course improvements
Construct a seawall at Florence Marina State Park in Stewart
Land acquisition in the Chattahoochee River Corridor
Land acquisition at Pigeon Mountain Governor's Road Improvement Program Begin construction of the Atlanta
Multi-Modal Transfer Facility passenger terminal Construction to raise dikes in area 14B in the Savannah Harbor Phase II of erosion protection at Jones/Oyster Bed Island Installation of underdrain pipes at Savannah Harbor disposal Purchase emergency generators, a fire alarm system and re-roof building at Augusta YDC Expand educational and medical space at Pelham YDC Dining hall expansion at Eastman YDC Installation of modular classrooms at Macon YDC Various repairs and maintenance projects at RYDCs Construct additional educational, mental health, medical and supervisory space at the Clayton, DeKalb and Marietta RYDCs Construction of the remaining 80-bed replacement for the Macon YDC Match a federal grant for construction of an 80-bed replacement the Augusta RYDC Replace the roof of the Russell Building ($340,000) and for improvements at Milledgeville Veterans Nursing Home Replace the laboratory building and morgue at the GBI Macon office Construct a morgue and toxicology lab adjacent to the GBI facility Construct a new GBI region 6 Investigative Office in Milledgeville Expand the City of Morgan wastewater system to accommodate the Calhoun State Prison Upgrades at Department of Corrections' facilities

275,000
1,800,000 300,000
20,000,000 3,750,000 120,000,00
2,000,000 3,000,000 5,500,000
200,000
745,000 940,000 515,000 565,000 1,500,000
7,600,000 3,125,000
825,000
550,000 4,250,000 2,295,000
680,000 200,000 4,465,000

1335
24,475
160,200 26,700 1,780,000 333,750 10,680,000
178,000 267,000 489,500
17,800
66,305 83,660 45,835 50,285 133,500
676,400 278,125
73,425
48,950 378,250 204,255 60,520
17,800 397,385

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25-bed expansion of diversion centers at Rouse, Helms, Athens, Griffin and Columbus and a 50-bed expansion at Augusta; 50-bed diversion centers in Rome and Cobb with 100-bed construct two 192-bed probation detention centers in Long and Murray County; construct two 192-bed parole revocation centers in Jeff Davis County and Stephens County
Repairs and renovations at Seasonal Farmers' Markets statewide, including $368,000 for the Cordele Farmers' Market
Exterior renovations at the State Capitol Removal and remediation of state-owned
underground and above ground tanks that have been closed to meet federal regulations Design funds for Regent's major capital outlay priority list Construction of the North Campus chilled water plant at Georgia Tech Design of a classroom and wellness center/dorms at Middle College Replacement of underground electrical distribution system at Gainesville College Planning and design funds for the renovation of the classroom/ gymnasium facility at South Georgia College Planning and design of the Tift Area Satellite Expansion at Technical Institute Rehabilitation of railroads for the Department of Transportation Purchase adjoining property and improve existing property at the Georgia National Fairgrounds and Agricultural Center Purchase land in Muscogee County Renovations at Middle Georgia College -
1,200,000 Design and construction of additional nine
holes at Gordonia Alatamaha State Park Golf Course Math/science building at Kennesaw State University Total Twenty Year Projects (New) B.) Maturities not to exceed sixty months. Design a Nursing/Health Sciences and Outreach Complex at Macon College ($650,000) and an Agricultural Sciences building at Abraham Baldwin Agricultural College ($285,000) Renovate the Classroom Building E at the Clarkston Campus of Georgia Perimeter College

5,105,000 1,190,000 5,000,000
3,000,000 4,500,000 4,800,000
590,000 1,300,000
252,000 300,000 600,000
1,600,000 500,000 106,800
2,250,000 4,000,000 548,007,00
935,000 2,900,000

454,345 105,910 445,000
267,000 400,500 427,200
52,510 115,700 22,428 26,700 53,400
142,400 44,500
200,250 356,000 48,772,623
218,790 678,600

FRIDAY, FEBRUARY 25, 2000

1337

Repair dams at John Tanner State Park in Carroll County
Implement a circulation plan and other improvements within the historic district of Jekyll Island
Purchase equipment to support industry-driven research
Renovations of cottages outside Bill E. Irland YDC and in Atlanta for use as non-secure detention and emergency shelters
Safety and regulatory improvements, major construction, HVAC system replacements at Department of Human Resources
Various equipment purchases for the Department of Corrections
Study and design the replacement of the steam system at DCP
Minor construction projects ($5,734,400) and maintenance ($695,600) at Various Department of Corrections' facilities
Repairs and renovations to National Guard armories and other Department of of Defense facilities
Total Five Year Projects (New)

250,000
2,500,000 1,500,000
350,000 4,965,000
720,000
115,000
6,430,000
3,000,000 23,665,000

58,500
585,000 351,000
81,900
1,161,810 168,480 26,910
1,504,620
702,000 5,537,610

Section 61. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2000

$ 13,939,922,701

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House disagree to the Senate substitute to HB 1162.
The motion prevailed.
HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th, Jamieson of the 22nd, Porter of the 143rd and others:
A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 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.

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The following Senate substitute was read:
A BILL
To enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-15 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 regional offices of the Department of Education; to provide for certain reports and actions to be taken in response to a finding of accounting irregularities or budget deficits of a local school system or school; 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 repeal Article 4 of said chapter, relating to local school trustees; to provide for the establishment of school councils and for their composition and duties; to make certain findings with respect to the Quality Basic Education Program; to provide for goals for the "Quality Basic Education Act"; to change provisions relating to high school programs authorized for funding under the "Quality Basic Education Act"; to provide for an early intervention program for students in grades kindergarten through three who are performing below grade level; to change provisions relating to the grade level of students served in the remedial education program; to repeal provisions regarding the in-school suspension program administered by the State Board of Education; to change provisions relating to the funding of the program for limited-English-proficient students; to provide for an extended day program for students in grades nine through 12; to repeal certain provisions relating to the allotment of state funds to local school systems based on full-time equivalent student program counts; to change the program weights for the instructional programs funded under the "Quality Basic Education Act," provide for additional instructional programs, and provide for teacher-student ratios for each such program; to change provisions relating to state funds provided to pay the salaries of certificated professional personnel of local school systems; to require the Governor to appoint a task force to review the program weights used in the Quality Basic Education Formula; to change provisions relating to the midterm adjustment of the amount of state funds provided under the Quality Basic Education Formula; to change provisions relating to local fair share funds; to change provisions relating to equalization grants provided under the "Quality Basic Education Act"; to change provisions relating to state funding for direct instructional, media center, and staff development costs; to provide for the collection of information by the State Board of Education for the computerized uniform budget and accounting system; to change provisions relating to the base school size used to calculate program weights in the Quality Basic Education Formula; to change provisions relating to the calculation of program weights based on payment of salaries and benefits and funds for staff and professional development; to change provisions relating to the maximum class size for instructional programs; to change provisions relating to state funds provided to pay the salaries of local school superintendents, assistant superintendents, secretaries, accountants, and principals; to provide for state funding for the salaries of school nurses; to change provisions relating to the base size of a local school system used to calculate program weights in the Quality Basic Education Formula; to provide that a local school system shall not qualify for certain funds under the Quality Basic Education Formula if it fails to implement certain interventions prescribed by the State Board of Education; to change provisions relating to the granting of certificates by the Professional Standards Commission; to require students in postsecondary teacher preparation programs to be proficient in computer and instructional technology applications and skills; to provide that in-service programs conducted by local units of administration shall address skills of certificated personnel that directly relate to improving student achievement; to provide for annual

FRIDAY, FEBRUARY 25, 2000

1339

teacher evaluations to be conducted prior to contract renewal; to change the provisions relating to annual contracts for certificated professional personnel; to provide for fingerprinting and criminal record investigations of all personnel employed by a local unit of administration; to change provisions relating to the payment of personnel holding certificates from the Professional Standards Commission according to a state-wide minimum salary schedule; to change provisions relating to the salary increase granted to certain persons holding a certificate from the National Board for Professional Teaching Standards; to provide for state funding of salary increases based upon a determination of an insufficient supply of qualified teachers in mathematics, science, special education, or foreign language and provide for certain annual reports relating thereto; to repeal provisions relating to salary supplements for administrators and other education personnel; to provide for salary supplements to be paid to principals and direct the State Board of Education to establish a salary schedule for principals; to change provisions relating to the duty-free lunch period for certain teachers employed in grades kindergarten through five; to repeal a reporting requirement relating to the Georgia Education Leadership Academy; to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents; to change the provisions relating to capital outlay funding under the "Quality Basic Education Act"; to comprehensively revise provisions relating to regional educational service agencies; to require all local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions to be a member of a regional educational service agency; to provide for the status of such regional agencies and their employees with respect to taxation; to provide for the immunity from liability of the employees and volunteers of such regional agencies; to provide for additional duties of such regional agencies, including the preparation of regional plans, the provision of core services to its member schools and school systems, and the development of programs for nontraditional alternative routes to teacher certification; to change provisions relating to the composition of the boards of control of such regional agencies; to authorize such regional agencies to acquire, hold, and dispose of property and incur certain debt; to provide for audits of such regional agencies by the Office of Education Accountability; to change provisions relating to grants of state funds to such regional agencies; to repeal provisions relating to the preparation of long-term strategic plans by the State Board of Education and local boards of education; to change provisions relating to the testing of elementary and secondary students; to provide for end-of-course testing of students in grades nine through 12; to provide for the development of study guides by the Department of Education; to provide for staff development programs for teachers in grades one through 12 on the use of tests; to repeal provisions relating to comprehensive evaluations of public schools, local school systems, and regional educational service agencies; to repeal provisions relating to corrective action plans for nonstandard local units of administration and schools; to repeal provisions relating to the Council for School Performance; to change provisions relating to middle school grants; to authorize students to attend a school outside of the attendance zone or school district in which they reside under certain circumstances and provide for state funding thereof; to change provisions relating to development of a state-wide comprehensive educational information network; to require the Board of Regents of the University System of Georgia, the Office of School Readiness, and the Professional Standards Commission to maintain individual data records on certain persons and provide for authorized access to such data; to repeal Part 2 of Article 7 of said chapter, relating to additional state aid to school districts where parents live or work on state property; to repeal Part 3 of Article 7 of said chapter, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions; to change the age at which children are required to attend school; to change the policy of the state regarding the assignment of students to in-school suspension; to change provisions relating to the placement of a student following his or her removal from the classroom by a teacher; to change provisions relating to notification of parents and conferences regarding chronic disciplinary problem students; to change provisions regarding parent conferences upon a student's return from expulsion or suspension; to authorize the juvenile court, upon the petition of a local board of education, to

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order parents or guardians to attend school conferences regarding their children's disciplinary problems; to change provisions relating to alternative education programs; to provide for the voluntary preenrollment of children at two years of age with local boards of education in order to ensure compliance with age specific immunizations; to require local boards of education to establish policies and procedures regarding a school health nurse program; to provide that a person who first becomes a teacher on or after July 1, 2000, shall not acquire certain rights with respect to continued employment; to change the penalty for the prohibition against students' carrying pagers or electronic communication devices at school; to authorize the State Board of Education to grant state charters for special schools to certain charter school petitioners; to provide that the State Board of Education may require a local referendum regarding the use of local bonded indebtedness and school tax levies to support state charter schools; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change provisions relating to the eligibility requirements for a HOPE scholarship at a public postsecondary institution, a HOPE grant at a branch of the Department of Technical and Adult Education, and a PROMISE teacher's scholarship; to change the type of costs to which a HOPE scholarship or HOPE grant may be applied; to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to authorize such board to approve requests by certain postsecondary technical schools, programs, or institutions to be named technical colleges and to submit certain requests for funding; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the creation and duties of an Education Coordinating Council and an Office of Education Accountability; to make certain findings with respect to the Education Coordinating Council; to provide for the composition, meetings, staff, powers, and duties of the Education Coordinating Council; to provide for a certain delegation of authority by the director of the budget to the Education Coordinating Council; to create the Office of Education Accountability and provide for its powers and duties; to provide for the appointment and duties of the director of the Office of Education Accountability; to provide for reports to be made by the Office of Education Accountability to the Education Coordinating Council; to direct the Office of Education Accountability to create and implement an accountability assessment program for students in grades kindergarten through 12, subject to the approval of the Education Coordinating Council; to provide for indicators of student achievement and school improvement; to provide for the establishment of individual school ratings and the preparation of school report cards by the Office of Education Accountability; to provide for audits of schools by said office; to provide for financial and other awards to recognize schools and school systems that demonstrate certain progress or success; to provide for the funding and payment of financial bonuses to certain school personnel; to provide for the recommendation, by said office, and the prescription, by the State Board of Education, of actions to be taken with respect to schools with low student performance, to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education with respect to a postsecondary accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Office of School Readiness with respect to a pre-kindergarten accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Professional Standards Commission with respect to an education work force accountability assessment program; to amend the Official Code of Georgia Annotated to correct certain references and provide editorial revisions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 25, 2000

1341

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "A Plus Education Reform Act of 2000."
SECTION 2.
Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by 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; er
(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."

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SECTION 3.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 1, relating to the State Board of Education, by adding at the end thereof a new Code Section 20-2-20 to read as follows:
"20-2-20.

The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in Code Section 20-2-270, and all employees of such regional offices shall be employees of the Department of Education."
SECTION 4.
Said chapter is further amended by striking in its entirety Code Section 20-2-67, relating to monthly reports by a local board of education that is subject to a corrective action plan for a budget deficit, which reads as follows:
"20-2-67.

(a) The local system superintendent employed by any local school system which is required to submit to the Department of Education a corrective action plan as provided in Code Section 20-2-283 designed to correct a budget deficit for such local system shall, from the time such deficit is discovered until the time it is eliminated, present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such system during the current month. The report shall be presented to board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meetings of the board of education.
(b) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local school system for the preceding fiscal year. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.
(c) A copy of the actual financial operations form required to be published by subsection (a) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city governmental administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request.",
and inserting in lieu thereof a new Code Section 20-2-67 to read as follows:

FRIDAY, FEBRUARY 25, 2000

1343

"20-2-67.

(a) When an audit by the Department of Audits and Accounts finds and reports irregularities or budget deficits in the fund accounting information regarding a school within the local school system or the local school system, the Department of Audits and Accounts shall report the findings of irregularities or budget deficits to the State Board of Education and the local board of education.
(b) The State Board of Education shall inform the superintendent of the local school system of the irregularities or budget deficits regarding a school's fund accounting information. The local school superintendent employed by the local school system is required to submit to the Department of Education a response to the findings and a corrective action plan as defined by rules and regulations adopted by the State Board of Education designed to correct the financial irregularities or budget deficits for the school or school system. From the time such irregularity or budget deficit is discovered until the time it is eliminated, the local school superintendent shall present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such school or school system during the current month. The report shall be presented to local board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meeting of the local board of education.
(c) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local schools or school system identified by the Department of Audits and Accounts as having financial irregularities. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the schools or school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.
(d) A copy of the actual financial operations form required to be published by subsection (c) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city government administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request."
SECTION 5.
Said chapter is further 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 recommenda-

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tions to the local board for improvements at the school in instruction in mathematics, science, reading and other English courses, and social studies. The educational care team may also provide instruction and conduct professional and staff development sessions. Subject to appropriation by the General Assembly, educational care teams shall be funded for each fiscal year."

SECTION 6.

Said chapter is further amended by striking and reserving in its entirety Article 4, relating to local school trustees, which reads as follows:

20-2-80.

"ARTICLE 4

The county board of education of each county may within 30 days from February 1, 1946, appoint not less than three nor more than five local school trustees for each school in the county; provided, however, the trustees of each school district as constituted prior to August 7, 1945, shall be the trustees of each school in the district until their respective terms expire. Each person so appointed shall be manifestly interested in education, and a resident of the county where he is appointed. Each person so appointed shall have a term of four years; and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise, the county board shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill the vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation.
20-2-81.

The duties of the school trustees appointed or elected by the county board of education as provided in Code Section 20-2-80 shall be advisory in nature. They shall make recommendations to the county board as to budgets, employment of teachers and other authorized employees, and other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory, and the county board is not bound to observe or follow them."

SECTION 7.

Said chapter is further amended by inserting a new article, to be designated as Article 4A, to read as follows:

20-2-85.

"ARTICLE 4A

(a) The General Assembly recognizes the need to improve communication and participation of parents and the community in the management and operation of local schools. The General Assembly believes that parent and community support is critical to the success of students and schools. The intent of this article is to bring communities and schools closer together in a spirit of cooperation to solve difficult education problems, improve academic achievement, provide support for teachers and administrators, and bring parents into the school-based decision-making process. The establishment of school councils is intended to help local boards of education develop and nurture participation, bring parents and the community together with teachers and

FRIDAY, FEBRUARY 25, 2000

1345

school administrators to create a better understanding of and mutual respect for each other's concerns, and share ideas for school improvement. School councils shall be reflective of the school community.
(b) The management and control of public schools shall be the responsibility of local boards of education, and the school leader shall be the principal. School councils shall provide advice, recommendations, and assistance and represent the community of parents and businesses. Each member of the council, as a community representative, shall be accorded the respect and attention deserving of such election.
20-2-86.

(a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction.
(b) The local board of education shall provide a training program to assist schools in forming a school council. Such program shall address the organization of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. The training program shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month of July should there be members of the school council with a term commencing on July 1 who have not previously received this training. The State Board of Education shall develop and make available a model school council training program.

(c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council, the council may, by a vote of five members of the council, withdraw such person's membership status, effective as of a date determined by the council.

(d) The property and business of the council shall be managed by seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older. Members of the school council shall include:

(1) Two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students;

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(2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community;
(3) Two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and
(4) The school principal.
An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal.
(e) Members of the council shall serve for a term of two years. The office of school councilmember shall be automatically vacated:
(1) If a member shall resign;
(2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or
(3) If a member no longer meets the qualifications specified in this Code section.
An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days. If, by a vote of five members of the council, the council believes there is not sufficient time left in the council term to elect a replacement, the vacancy shall go unfilled.
(f) All meetings of the council shall be held at the school site. The council shall meet once a month, at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees.
(g) After providing public notice at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council as required by this Code section. The electing body for the parent members shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council.
(h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five affirmative votes.
(i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.

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(j)(l) The officers of the council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed by resolution of the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with the term of members of the council.
(2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her by the council.
(3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be.
(k) The members of the council are accountable to the constituents they serve and shall:
(1) Maintain a school-wide perspective on issues;
(2) Regularly participate in council meetings;
(3) Participate in information and training programs;
(4) Act as a link between the school council and the community; and
(5) Encourage the participation of parents and others within the school community.
(1) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education.
(m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum.
(n) The term of office of all councilmembers shall begin on July 1 and end on June 30.
(o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups.
(p) The local board of education shall provide all information not specifically made confidential by law, including budget information, to the council as requested. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board.
(q) The local board of education shall receive all recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows:
(1) Notice shall be given to the community of the local board's intent to consider school council reports, recommendations, appointments, or any other decision of a school council;

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(2) Written notice shall be given to the members of the school council at least seven days prior to such local board meeting, along with a notice of intent to consider a council report, recommendation, appointment, or any other decision of the council;
(3) The members of the school council shall be afforded an opportunity to present information in support of the school council's action; and
(4) A majority of the board members present, representing a quorum, vote to overturn the council decision.
The local board of education shall respond to each recommendation of the school council within 60 days after being notified in writing of the recommendation.
(r) The school principal shall have the following duties pertaining to school council activities:
(1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same;
(2) Serve as chairperson of the school council and perform all of the duties required by law and the bylaws of the council;
(3) Speak for and represent the council in all school council matters before the local board of education;
(4) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent;
(5) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and
(6) Develop the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers.
(s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education on any matter, including but not limited to, the following:
(1) School calendar;
(2) School codes for conduct and dress;
(3) Curriculum, program goals, and priorities;
(4) The responses of the school to audits of the school as conducted by the Office of Education Accountability;
(5) Preparation and distribution to the community of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate;

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(6) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council;
(7) School budget priorities, including school capital improvement plans;
(8) School-community communication strategies;
(9) Methods of reporting to parents and communities other than through the school profile;
(10) Extracurricular activities in the school;
(11) School-based and community services;
(12) Community use of school facilities;
(13) Recommendations concerning school board policies;
(14) Receiving and reviewing reports from the school principal in executive sessions regarding the performance of school personnel in achieving the school's student achievement goals; provided, however, that such sessions shall be subject to Code Section 50-14-3; and
(15) The method and specifications for the delivery of early intervention services."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 20-2-131, relating to the objectives and purposes of the Quality Basic Education Program, and inserting in lieu thereof a new Code Section 20-2-131 to read as follows:
"20-2-131.

The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character;
(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;
(3) Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure;
(4) Establishing and maintaining state-wide standards which ensure that each student has access to a quality program;

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(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career;
(7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis;
(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;
(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; ttadt
(10) Providing an accountability system to ensure that all students are receiving a quality instructional program so that all students can achieve at their highest level;
(11) Providing a seamless education system to allow for the delivery of educational programs at all levels and the movement of students between programs and education agencies as efficiently and effectively as possible and to provide for coordination on a continuing basis between agencies responsible for education services;
(12) Providing a safe school environment so that students can learn and mature without fear of violence or intimidation;
(13) Providing access to nursing services so that teachers can deliver instructional services without the added responsibility of addressing students' nursing needs and so that students can receive nursing services while at school;
(14) Providing academic intervention programs designed to assist students who are below grade level in order to increase their mastery of critical academic knowledge and skills;
(15) Providing an alternative educational environment for those students who need a different educational structure in order to properly master critical academic knowledge and skills and to provide an environment where they can stay in school and acquire the knowledge and skills necessary for a productive life;
(16) Providing students with advice and assistance in planning their academic and work careers and achieving those goals;
(17) Providing an evaluation process for all school system personnel to assure the public that personnel are performing at acceptable levels and providing quality educational services to all students;

__________" __________a pa_______ school activities and support school personnel as they work with students and address their academic needs;
(19) Providing for parent and community participation in the establishment of school programs, policies, and management so that the school and community are connected in meaningful and productive ways and providing support for teachers and school leaders in addressing the school's needs; and

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440X20) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society
does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin."
SECTION 9.
Said chapter is further amended by striking in its entirety Code Section 20-2-132, relating to the primary goals of the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-132 to read as follows:
"20-2-132.

It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
(4) A decrease in the percentage of students who fail the State Basic Skilla Teat in the tenth grade Georgia High School Graduation Test;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Assessment Test (SAT) or the American College Test (ACT); ftftd
(6) An increase in the number of students mastering each skill in reading, mathematics, and other subject areas?;
(7) An accountability system for education programs that measures efficiency and effectiveness and ensures that programs produce improvement in student achievement scores for all students;
(8) A comprehensive program and financial information system that provides data that allow for the accurate evaluation of program effectiveness;
(9) A seamless education system that allows students to be served in the most effective and efficient way possible;
(10) The elimination of school violence;
(11) A decrease in the percentage of students below grade level;
(12) An increase in parental and community involvement in schools;

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(13) Better coordination between education agencies and other organizations providing instructional and related services to students;
(14) A more competent school work force through the effective use of evaluation tools, training, and school improvement teams that promote best practices; and
(15) More flexibility for high-performing schools so that services can be better adapted to student needs."
SECTION 10.
Said chapter is further amended by striking paragraph (4) of subsection (b) of Code Section 20-2-151, relating to general and career education programs under the "Quality Basic Education Act," and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4)(A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:
(i) The high school education program which includes general, vocational, and college preparatory claaaca; and
(ii) The nonvoeational high achool laboratory program; and
(iiiXii) The vocational laboratory program.
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvoeational high achool laboratory and vocational laboratory programs program shall be funded at a higher levels level than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for cither the nonvoeational high achool laboratory or the vocational laboratory program."
SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 20-2-153, relating to the special instructional assistance program for students with developmental disabilities under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-153 to read as follows:
"20-2-153.

The State Board of Education shall create a special instructional aaaiatancc program create an early intervention 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. The kindergarten early intervention program shall serve students enrolled in grade kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. 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 cither the rcmc dial education program or counted for full-time equivalent purposes for any of the special education programs shall be eligible for the special instructional assistance

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program early intervention 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 apceial instructional aaaistaneo program early intervention program if they meet all other criteria of this Code section. The purpose of the early intervention program shall be to provide additional instructional resources to help students who are below grade level obtain the necessary academic skills to reach grade level in the shortest possible time. The definition of below grade level shall be that as defined by the Office of Education Accountability and adopted by the Education Coordinating Council and State Board of Education. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. Students should be moved into, provided assistance, and moved out of this program. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the student's developmental deficiencies and options for addressing those deficiencies. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Funding for the early intervention program shall have a full-time equivalent base class size of one teacher to 11 students. The state board ahall specify the instruments and proccaa 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 acction, and the funding guidelines to be used in distributing atatc funds to participating local school systems. Such policies and guidelines ahall 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 firat year of implementation of this program state wide, the atatc board shall request an amount for grants to local school ayatcma based upon documentation of the number of eligible studcnta 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 studcnta being served during the initial year. Per the second year of operation and thereafter, the amount of funds appropriated and al located for thia program shall be based on the actual count of students served during the preceding year. In the event that inaufficicnt funds arc appropriated by the Gen oral Assembly to serve all eligible students in this program, any funds which arc appropriated shall be directed toward addressing the needs of the youngest eligible atu dcnta in each local school system the number of students served in the early intervention programs as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 12.

Said chapter is further amended by striking in its entirety Code Section 20-2-154, relating to the remedial education program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-154 to read as follows:
"20-2-154.

(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their

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respective reading, mathematics, or writing deficiencies beginning fiscal year 1992. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section:
(1) Students in grades two through four and five and grades nine through 12 may be eligible for services if they meet two or more of the following criteria:
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education;
(B) The student has been retained in the grade;
(C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkina-Robcrt T. Stafford Elementary and Secondary School Improvement Amendments of 1088 (Public Law 100 207) Improving America's Schools Act of 1994 (Public Law 103-382);
(D) The student has been recommended by the teacher who has documented any of the following student information:
(i) Low performance in the reading series system;
(ii) Low performance in the math mathematics series; or
(iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or
(E) Current test information in the student file indicates the student has a score at or below the 26 twenty-fifth percentile; and
(2) Students in grades two through four and five and grades nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (lEP's) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies.
No more than 25 percent of the school full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent.
(b) The following students shall not be eligible for the remedial education program:
(1) Students who arc receiving acrvicos under the special instructional assistance program aa authorized by Code Section 30 2 163; or
(2)-Students who are receiving instruction under the special education program that is designed to address their respective reading, mathematics, or writing deficiencies shall not be counted for funding for the remedial education program.
(c) Students in grades two through four and five shall only receive instruction at any given time at their current performance level or slightly above such level in the subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to

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grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiving instructional services under the provisions of this Code section, except those students whose Individualized Education Programs under the special education program state they shall not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 202-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system."
SECTION 13.
Said chapter is further amended by striking in its entirety Code Section 20-2-155, relating to the school climate management program, model codes of behavior and discipline, and the in-school suspension program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-155 to read as follows:
"20-2-155.

(eHThe State Board of Education shall establish a state-wide school climate management program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriations for state-level technical assistance necessary to perform the duties assigned to the state board under this Code section.
(b) The State Board of Education is authorized to create an in aehool auapcnsion pro gram. Aa the vaat majority of the students who disrupt public aehool elaaarooma arc aloo experiencing problcmo in mastering classroom assignments and arc below oxpce tation in their academic achievement, it ia the policy of this state that it is preferable to rcaaaign diaruptivc students to isolated, individually oriented in aehool auapcnsion programa rather than to auapcnd or expel such students from school. Therefore, the primary purpoaco of the in-school suspension program arc to isolate the offending atu donta from the regularly aaaignod clnaarooma and activities of the achool, to continue progroaa relative to claaaroom aaaignmcnta, and to provide individually oriented in otruction in essential skilla and knowledge arcao for which low achievement levclo arc contributing to the students' adjuatmcnt problcma. The in school auapcnaion programs

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may be houacd in the regularly assigned schools, special achoola specifically organized for auch programs, or alternative schools, provided the suspended students are iao latcd from typical achool activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned elaaacs. The state board ahull adopt regulations, attmdarda, and eligibility criteria ncccaaary to guide the effective operation of state aupportcd in achool suspension programs. For the firat year of implementation of thia program atatc wide, the state board shall request an amount for grants to local school ayatcma baaed upon documentation of the number of eligible atu dcnto oatimatcd to be served; provided, however, that funda appropriated for thia program in the initial year of operation ahall be allocated only on the basis of the doeu merited actual number of atudcnta being acrvcd during the initial year. For the second year of operation and thereafter, the amount of funda appropriated and allocated for thia program shall be baaed on the actual count of atudcnta served during the preceding ycdr.
SECTION 14.
Said chapter is further amended by striking in its entirety Code Section 20-2-156, relating to the 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 firat year of implementation of thia program state wide, the atatc board shall rcqucat an amount for granta to local school aystcma baaed upon documentation of the number of eligible atudcnta estimated to be acrvcd; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the doe umcntcd actual number of atudcnta being acrvod during the initial year. For the ace ond year of operation and thereafter, the amount of funda appropriated and allocated for thia program ahall be baaed on the actual count of atudcnta acrvcd during the preceding year. 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. This program may also be referred to as the English for speakers of other languages (ESOL) program."
SECTION 15.
Said chapter is further amended in Part 3 of Article 6, relating to educational programs under the "Quality Basic Education Act," by adding a new Code section, to be designated as Code Section 20-2-156.1, to read as follows:
"20-2-156.1.

The State Board of Education shall establish an extended day program for students in grades nine through 12. Each year the state board shall request funds sufficient to provide for the development and supervision of an extended day program during the regular school year."

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SECTION 16.
Said chapter is further amended by repealing subsections (e) and (f) of Code Section 202-160, relating to the determination of enrollment by institutional program and the determination of funds to be appropriated under the "Quality Basic Education Act," which read as follows:
"(e) After such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, the average, as calculated pursuant to subsection (d) of this Code section, of the local school system's two full-time equivalent program counts for the current fiscal year shall serve as the fulltime equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose. Prior to the completion of the student information component of said information network, and prior to such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average, as calculated pursuant to subsection (d) of this Code section, of the local system's first full-time equivalent program count and the projected second full-time equivalent program count for the current fiscal year.
(f) For any fiscal year beginning July 1, 1996, the maximum number of full-time equivalent students eligible for funding in any school system for the high school nonvocational laboratory program shall be equal to no more than 30 percent of the sum of those students counted in the programs specified in paragraphs (5), (6), and (7) of subsection (b) of Code Section 20-2-161. Full-time equivalent students in excess of this 30 percent number shall be counted in the high school general education program."
SECTION 17.
Said chapter is further amended by striking subsections (b), (e), and (f) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof new subsections (b), (e), and (f) to read as follows:
"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:
(1) Kindergarten program.......................................................................... 1.3210 1.3405 weight and 1 to 15 ratio
(2) Kindergarten early intervention program...................................................... 1.7082 weight and 1 to 11 ratio

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(3X3) Primary grades program (1-3)......................................................... 1.2424 1.2689 weight and 1 to 17 ratio
(4) Primary grades early intervention program (1-3)......................................... 1.7556 weight and 1 to 11 ratio
(3X5) Upper elementary grades program (4-5)........................................ 1.0067 1.0289 weight and 1 to 23 ratio
(4X6) Middle grades program (6-8)........................................................... 1.0122 1.0218 weight and 1 to 23 ratio
(7) Middle school program (6-8) as defined in Code Section 20-2-290 ............ 1.1196 weight and 1 to 20 ratio
(&X8) High school general education program (9-12).......................................... 1.0000 weight and 1 to 23 ratio
(6) High school nonvocational laboratory program (9-13).................................. 1.1604
(?X9) Vocational laboratory program (9-12)............................................. 1.2710 1.2052 weight and 1 to 20 ratio
(8X10) Program for persons with disabilities: Category I...................... 2.3661 2.3272 weight and 1 to 8 ratio
(9X11) Program for persons with disabilities: Category II.................... 2.7406 2.7111 weight and 1 to 6.5 ratio
(46X12) Program for persons with disabilities: Category III................. 3.4867 3.4485 weight and 1 to 5 ratio
(44X13) Program for persons with disabilities: Category IV................. 6.6338 5.5742 weight and 1 to 3 ratio

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(43X14) Program for persons with disabilities: Category V................... 3.4473 2.4136 weight and 1 to 8 ratio
(13X15) Program for intellectually gifted students: Category VI.......... 1.6463 1.6255 weight and 1 to 12 ratio
(44X16) Remedial education program....................................................... 1.2018 1.2864 weight and 1 to 15 ratio
(17) Alternative education program...................................................................... 1.5613 weight and 1 to 15 ratio
(18) English for speakers of other languages (ESOL) program......................... 2.4317 weight and 1 to 7 ratio"
"(e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of Juno October for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. The amount shall be reported for each program identified in subsection (b) of this Code section for each full-time equivalent program count date and by segment of the school day and for each categorical program. Such additional amount shall be known as 'program adjustment amount for training and experience' and this amount shall be noted in total in the language section of the General Appropriations Act each year.

(f) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor ia authorised to shall appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems."

SECTION 18.

Said chapter is further amended by striking in its entirety Code Section 20-2-162, relating to the annual recalculation of the amount of funding and the midterm adjustment under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-162 to read as follows:

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"20-2-162.

(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first and the projected second full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the projected second full-time equivalent count weighted one part; provided, however, that after auch time aa the atudcnt information portion of the state wide comprehensive educational information network has been implemented pur auant to Code Section 20 3 330, and after auch time aa the accond full time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, then if the accond full-time equivalent count for the current fiscal year ia lower than the projected accond count, the midterm adjuatmcnt shall be calculated uaing the average of the two actual full time equivalent counts for the current fiscal year, with the first full time equivalent count weighted two parts and the second fulLtinic equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment.
(b) A midterm adjustment in a local school system's local fair five mill share shall be made if:
(1) The most recent actual property tax digest for educational maintenance and operation of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system's local ftw five mill share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and
(2) The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used initially to calculate the system's local fear five mill share.
Such a midterm adjustment shall be made by reducing the initial local fear five mill share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of prop-

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erty prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provisions of this subsection shall apply only to the midterm adjustment of local fair five mill share as provided in this Code section.
(c) A midterm adjuatmcnt shall be made for any local school system which qualifies for the middle school grant and ia in the firat year of operation of a middle aohool program which aatiafica all criteria act forth in Code Section 20 3 300 aa well ao any additional criteria catablishcd through policy of the State Board of Education. T-fee amount of auch midterm adjuatmcnt shall be calculated in the same manner ao ia specified in Code Section 20-2 300 for school systems which have qualified for the middle school grant by operating middle achool programs for one or more prior ycara. 3k be eligible to receive thia midterm adjuatmcnt, a local school system must also moot the following requirements:
(1) The local school ayatcm muat submit an application to the State Board of Educa tion during the fiacal year prior to the year of implementation of the qualifying pro gram, adhering to application procedures and deadlines established by the atatc board; and
(3) The Department of Education muat verify that the middle achool program mccta all cstabliahcd criteria through aitc visits to each aehool for which application has been made to be conducted no later than December 1 of the achool year in which the middle achool program is implemented."
SECTION 19.
Said chapter is further amended by striking subsections (a), (b), and (h) of Code Section 20-2-164, relating to local fair share funds under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a), (b), and (h) to read as follows:
"(a) The State Board of Education shall calculate the amount of local fear five mill share funds that each local school system shall be required to spend each fiscal year to support participate in the Quality Basic Education Program as follows:
(1) Unless the combined fear local five mill share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, the amount of each local school system's local fear five mill share shall be calculated as follows:
(A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(B) From the amount calculated in subparagraph (A) of this paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(C) Multiply the remainder calculated in subparagraph (B) of this paragraph by .005; or
(2) If the combined fear local five mill share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, then the amount of each local system's fair share shall be calculated as follows:

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(A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by .2;
(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local fek1 five mill share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by. 005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection.
(b)(l) Each local school system shall apply the total amount of its local feef five mill share funds to any combination of programs funded under this article and in the manner so earned as indicated on the allotment sheets as provided by the State Board of Education; provided, however, that no portion of the local feir five mill share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local fear five mill share.
(2) The local school system may apply revenues toward the local fea? five mill share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; state funds; student tuition and fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government."
"(h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support ef in order to participate in the Quality Basic Education Program as denned by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local feir five mill share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the state board shall add said amount to the local fesr five mill share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation relative to its aaacaacd local fair share to provide a local five mill share or to comply with any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year."
SECTION 20.
Said chapter is further amended by striking in its entirety Code Section 20-2-165, relating to calculation and allocation of equalization grants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-165 to read as follows:

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"20-2-165.

(a) As used in this Code section, the term:

(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.

(2) 'Assessed valuation per weighted full-time equivalent' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest.

(3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.

(4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000.

(5) 'Eligible full-time equivalent program count' is defined as the sum of the fulltime equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1086 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.

(6) 'Equalized adjusted school property tax digest' is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.

(7) 'Guaranteed valuation school system' is defined as the local school system ranking at the ninetieth seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.

(8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such fed-
eral funds.

(9) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts.

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(10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fear five mill share pursuant to subsection (a) of Code Section 20-2-164.
(11) 'Weighted full-time equivalent count' is defined as the sum of all eligible fulltime equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent counts were obtained pursuant to Code Section 20-2-161.
(12) "Weighted full-time equivalent for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest.
(b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted full-time equivalent for the local school system from the assessed valuation per weighted full-time equivalent for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this subsection by 1,000;
(3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 3r3S 15 effective mills, whichever is less, as the number of effective mills to be equalized;
(4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted full-time equivalent count for the local school system; and
(6) The resulting amount, calculation amount A, shall be the equalization grant for the ensuing fiscal year; provided, however, that for fiscal year 2001 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .25 and adding that amount to calculation amount B; provided, further, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The

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amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted fulltime equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local (ear five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.
(d) The amount of funds appropriated each year under this Code section, for a period not to exceed five years beginning with fiscal year 2002, may be adjusted to allow school systems that are losing funds due to a change from the ninetieth percentile guaranteed valuation school system to the seventy-fifth percentile guaranteed valuation school system sufficient time to adjust their local programs."
SECTION 21.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 20-2167, relating to funding for direct instructional, media center, and staff development costs and the establishment of a computerized uniform budget and accounting system under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a)(l) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (h) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the fear five instructional programs for disabled students shall be summed into one amount for special education. For each program, each local school ayatcm shall spend a minimum of 00 percent of the funda designated for direct instructional coata on the direct inatruc tional coats of aueh program, except aa modified in this paragraph. Each local school ayatcm ahall apcnd the aum of all funda designated for operational coata for auch operational coats, aummod acroaa all programs. For each local school system which ia granted an additional allotment for the midterm adjustment pursuant to Code Section 20 3 163, the 00 percent amounts and the aum of funds dcaignatcd for operational coata ahall be increased by the portion of the midterm adjustment allot mcnt which is applied to the direct instructional coata of an instructional program. In the event a local school ayatcm doca not actually enroll the full time equivalent count that was anticipated by its initial allocation for one or more programa author izcd pursuant to Code Section 30 2 161 but docs enroll a greater full time equivalent count than was anticipated by its initial allocation for one or more programa author izcd pursuant to Code Section 20 2 161 as reflected in the midterm calculations, the

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local school ayatcm shall be authorized to increase the 00 percent amount for the ap propriatc portiona of the direct instructional costs of any or all of the instructional programs which experienced the greater than anticipated full time equivalent counts and reduce the 00 percent amount for the appropriate portiona of the direct instructional eosta of the inatruetional programs which experienced the lower than antici patod full-time equivalent counts; provided, however, that the combined amount of such reductions ahall be equal to the combined amount of incrcaaca in the 00 percent amounts for programs with greater than anticipated full-time equivalent pro gram counta; provided, further, that the 00 percent amounts for direct instructional costs for any inatruetional program which experienced a lower than anticipated full time equivalent count shall not be reduced below the 00 percent amount reflected in the midterm calculations. In the event a local school ayatcm docs not actually enroll the full time equivalent count that waa anticipated by ita initial allocation for a pro gram authorized pursuant to Code Section 20 2-161 and it elects to return a portion of that allocation for direct instructional eoata to the state, the 00 percent amount for the appropriate portions of the direct instructional eoata of that program ahall be reduced by that returned amount. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 202-212 plus associated benefits funded by the state and the salaries of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, for the kindergarten program, the primary grades (1-3) program, the kindergarten early intervention program, and the primary grades (1-3) intervention program combined and the combined total for all other programs shall be employed for the delivery of services for which the funds were earned. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be ex ponded only for the direct inatruetional eoata of one or more of the other programs specified by that Code section must be returned to the state treasury.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school ayatcm ahall spend a minimum of 00 percent of the funds dcaig natcd for media center salary coato for auch salaries and 00 percent of the funda designated for media center materials costs for such matcriala. For each local school system which is granted an additional allotment for the midterm adjustment purau ant to Code Section 20-2-162, the 00 and 100 percent amounts ahall be increased by the portion of the midterm adjustment allotment which is applied to the respective

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portions of the media center costs. In the event a local school system doco not actually enroll the full time equivalent count that was anticipated by ita initial allocation and it elects to return a portion of its allocation for media center eoota to the state, the 00 or 100 percent amount for the appropriate portions of the media center coata shall be reduced by that returned amount. Quality Baaic Education Formula funds in excess of the 00 percent amount required by this paragraph to be expended by a local achool system for media center salary coata which arc not expended for thia purpose may be expended only for the costs of one or more of the programs specified by Code Section 20 2 161. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs, and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned.
(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local achool ayatcm ahall apcnd a minimum of 100 percent of the total funds designated for staff development and professional development programs for certificated and elaasificd personnel and local achool board members and for meeting the certification requirements needed by personnel to continue in currently aaaigncd poaitiona. Following the midterm adjustment, the state board shall issue allotment sheets for each school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182.
(4) In the event any local school system should fail to encumber nt leaat 00 percent of the funda specified in paragraph (1) of this subsection, 00 percent of the funds apccificd in paragraph (3) of thia aubacction for media center salary coats, 100 per cent of the funds specified in paragraph (2) of thia aubacetion for media center materials coata, or the funda dcaignotcd for operational costs in paragraph (1) of this subsection, the state board ahall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 00 or 100 percent amounts or the funda designated for operational coats calculated pursuant to this

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aubacetion. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.
(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.

(b)(l) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information network system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;

(B) Whether basic education or enrichment in purpose;

(C) Fund source or sources; and

(D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development.

(2) The state board ia authorized to shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the implementation of an accountability plan for the state. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting."

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SECTION 22.

Said chapter is further amended by striking in its entirety Code Section 20-2-181, relating to the calculation of program weights based on base school size under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-181 to read as follows:
"20-2-181.

The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (1-3) intervention program, the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the middle school (6-8) program, the special education programs, and the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the high school general education program and the high school nonvoca tional and vocational laboratory programa program shall reflect a base school size of 970 full-time equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 full-time equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students."

SECTION 23.

Said chapter is further amended by striking in its entirety Code Section 20-2-182, relating to the calculation of program weights based on payment of salaries and benefits under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-182 to read as follows:
"20-2-182.

(a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly.

(b) The program weights for the kindergarten program, the primary grades program, and the remedial education program, when multiplied by the base amount, shall reflect aufficicnt funda to provide instructional aides to aaaiat teachers; provided, however, that purauant to subacction (a) of Code Section 30 3 167 funda earned by a local achool system for direct instructional coata of any program specified in Code Section 20 2 161 may bo used to employ instructional aidca. Further, the program weights for the upper elementary grades (4-5) program and the middle grades (6 8) program, when multiplied by the baac amount, ahall reflect the coat of providing tcaehcra with clerical assistance for a limited portion of each achool day, subject to appropriation by the General Aaacmbly.

(eXb) The program weights for the primary, primary early intervention, upper elementary, aad middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly.

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(d)(c) The program weight weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, and alternative education, programs program and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose duties and responsibilities shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor's time to be spent counseling or advising students.
(d) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for technology specialists needed, to provide essential technology services.
(e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect ouffieiont funds to provide for the development and supervision of an extended day program during the regular school year. Further, 3oid program wcighta, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
(f) The program weights for the high school nonvoeational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in each such program.
(f.l) The program weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, remedial, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs such as, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes.
(g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for unused sick leave, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia.
(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to one half of 1 1.5 percent of salaries of all certificated professional person-

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nel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall abo reflect an amount of funds for the purpoac of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which ahall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation; provided, however, that aueh limit ahall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20 2-212. No stipends ahall be provided for less than one credit hour participation or for more than 16 hours within the fiscal year. Each credit hour ahall require ten eon tact hours of participation. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Such professional and staff development program plan shall address deficiencies of certificated personnel as identified by evaluations required under Code Section 20-2-210. Where possible, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employee's professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development atipcnda purposes may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. If any por tion of professional development funds arc not expended by a local school system for those purpoaca, that portion shall be returned to the state. Such staff and profoa aional development activities shall be in accordance with the annual local staff dcvcl opmcnt plan approved by the State Board of Education pursuant to Code Section 20 2

(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article, the middle school program provided for in Code Section 20-2-290, and the alternative education program provided for in Code Section 20-2-769 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the claaa aizcs teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 10 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 10 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for grades one through three shall not exceed 10 percent over the funding ratio except for art, music, or physical education classes. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with the State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with the 2003-2004 school year, State Board of Education rules are in compliance with this subsection. An aide may be used to increase the maximum class size in kindergarten from 17 to 20 and may be used in all other programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in grades one through three. Maximum class sizes for the kindergarten and primary grades programs refers to the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest

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whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education."
SECTION 24.
Said chapter is further amended by striking in its entirety Code Section 20-2-185, relating to the calculation of program weights based on payment of salaries for principals and secretaries under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-185 to read as follows:
"20-2-185.

All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in the school, subject to appropriation by the General Assembly."
SECTION 25.
Said chapter is further amended by striking in its entirety Code Section 20-2-186, relating to the allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, and accountants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-186 to read as follows:
"20-2-186.

(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, tatd accountants, and nurses, subject to appropriation by the General Assembly:
(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 1,000 5,000, funds sufficient to pay the beginning salaries of a superintendent, accountant, and two assistant superintendents and one half the salary salaries of a secretary and an accountant; and
(2) For numbers of full-time equivalent students over 1,000 5,000 and less than 3^94: 10,001, 80 percent of the amount obtained by multiplying the number of stu dents over 1,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and
(3) For numbers of full-time equivalent students over 3,000 10,000, and less than 3,001, 70 percent of the amount obtained by multiplying the number of atudcnta over 3,000 by the amount earned in paragraph (1) of this Code section divided by

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1,000; and funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and
(4) For numbcra of full time equivalent atudcnta over 3,000 and less than 4,001, 60 percent of the amount obtained by multiplying the number of atudcnta over 3,000 by the amount earned in paragraph (1) of this Code acetion divided by 1,000 Each local system shall earn funds sufficient to pay the beginning salary of a principal for each public school in the local system; and
(5) For numbcra of full time equivalent atudcnta over 4,000 and leas than 10,001, 33 percent of the amount obtained by multiplying the number of atudcnts over 4,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 Each local system shall earn funds sufficient to pay the salary of a nurse for each public school in the local system.f-and
(6) For numbcra of full time equivalent atudcnta over 10,000, on amount equal to 36 percent of the amount obtained by multiplying the number of otudcnts over 10,000 by the amount earned in paragraph (1) of this Code section divided by 1,000.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher for a base size school system pursuant to Code Section 20-2-181 of 2,475 full-time equivalent students and for costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a baac size local school system using a base size of 2,475 full-time equivalent students, subject to appropriation by the General Assembly.
(b) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education."
SECTION 26.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 20-2-200, relating to the regulation of certificated professional personnel by the Professional Standards Commission, and inserting in lieu thereof new subsections (b) and (b.l) to read as follows:
"(b)(l) Before granting a renewable certificate to an applicant, the Professional Standards Commission shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills, a test of computer skill competency, and an

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assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification. Successful completion of the phase one InTech model training at a state educational technology training center shall be acceptable for certificate renewal purposes. The on-the-job performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the commission which will ensure demonstration of effective teaching practices.
(3) An applicant shall be exempted from the written planning portion of the on-thejob assessment requirement pursuant to paragraph (2) of this subsection if:
(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or
(B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed appropriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof.
(4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210.
(5) Before granting an initial renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
(6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request

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and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
(7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field.
(8) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate.
(9) Before granting a renewable certificate required for teaching or for administering or supervising a school system, school, or school program to an applicant who holds a valid renewable certificate at the time of application, the commission shall require such applicant to demonstrate that he or she has worked as a teacher in a classroom for not less than five days during each school year preceding the expiration of such applicant's certificate or has completed a teacher training course approved by the commission.
(b.l) Upon certification from the National Board for Professional Teaching Standards, an applicant shall be deemed to have met state renewal requirements for the life of the teacher's national certificate."
SECTION 27.
Said chapter is further amended in Code Section 20-2-201, relating to specific course requirements and in-service or continuing education for certificated professional personnel under the "Quality Basic Education Act," by striking in its entirety subsection (c) and inserting in lieu thereof new subsections (b.l) and (c) to read as follows:
"(b.l) Universities and colleges having teacher preparation programs for grades prekindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess teacher preparation students in computer and instructional technology applications and skills.
(c) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff."
SECTION 28.
Said chapter is further amended by striking in its entirety Code Section 20-2-210, relating to annual performance evaluation of certificated professional personnel, and inserting in lieu thereof a new Code Section 20-2-210 to read as follows:

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"20-2-210.
(a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The state board shall develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. The local units of administration are authorized to use the models developed by the State Board of Education.
(b) Annual teacher evaluations shall at a minimum take into consideration the

(1) The academic achievement gains of students assigned to the teacher during the school year;
(2) Observations of the teacher by the principal and assistant principals during the delivery of instruction and at other times as appropriate;
(3) Participation in professional development opportunities and the application of concepts learned to classroom and school activities;
(4) Communication and interpersonal skills as they relate to interaction with students, parents, other teachers, administrators, and other school personnel;
(5) Timeliness and attendance for assigned responsibilities;
(6) Adherence to school and school system procedures and rules; and
(7) Personal conduct while in performance of school duties.
(c) No contract shall be renewed for a certificated person prior to the completion of an evaluation as required in subsection (b) of this Code section.
(bXd) 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 29.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:

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1377

"(a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing esA , and such contracts shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board.
(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 16 of the current school year, tender a new contract for the ensuing school year to each teacher and other profcaaional employee certificated by the Professional Standards Commisaion on the payroll of the local unit of administration at the beginning of the current aehool year, except those who have resigned or who have been terminated, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the cnauing aehool year. When sueh notice of intended termination has not boon given by April 16, the employment of such teacher or other certificated professional employee shall be continued for the ensuing aehool year un1033 such employee has been removed in the manner aa provided in Code Section 20-2010 or unlcaa the teacher or certificated professional employee clccta not to accept auch employment by notifying the local governing board or executive officer in writing not later than May 1. Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1."
SECTION 30.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(l) Each pcraon to be iaauod a contract of employment for the firot time by a lo cal unit of administration after July 1, 1004, as a teacher, principal, or other certificated professional personnel All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or pcraona holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection

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upon any renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent interval criminal record checks of noncertificated personnel continued in employment in the local unit of administration.
(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection.
(3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice prior to the issuance of any contract of firat employment of auch person shall be paid by the local unit of administration or the individual seeking employment or making application to the Professional Standards Commission.
(4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given.
(5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations.
(6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection."
SECTION 31.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-212, relating to salary schedules for certificated professional personnel under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The liat of Georgia beginning salaries by degree field uacd to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Covornor'a budget recommendations. The House of Rcprcscntativca and Senate

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1379

Education and Appropriations Committees shall alao be provided upon request with n report which includes data and calculations uacd to determine the minimum baac salary. The atatc minimum aalary schedule ahall in all other rcapcota be uniform, with no differentiation being made on the baaia of subjects or grades taught. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. Such evaluation shall be given to all teachers prior to contract renewal for the following school year in accordance with State Board of Education standards and specifications. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro ruta pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section."

SECTION 32.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who:

(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate;
(2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; and
(3) Haa not previously received atntc funds for participating in any certification area in the national certification program; and
{ 4X3) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification

shall receive not less than a 6 10 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such certification; provided, however, that, in the case of a person who has received such certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible."
SECTION 33.
Said chapter is further amended in Subpart 2 of Part 6 of Article 6, relating to conditions of employment for certificated professional personnel under the "Quality Basic Education Act," by adding a new Code Section 20-2-212.3 to read as follows:

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"20-2-212.3.

(a) The State Board of Education shall identify schools and school systems in the state where an insufficient supply of qualified teachers is available to deliver instruction in the fields of mathematics, science, special education, or foreign language, based on criteria defined by the State Board of Education, the Professional Standards Commission, and the Office of Education Accountability. Upon determination of shortages each year, the State Board of Education shall request funds sufficient to provide for salary increases not to exceed one additional step on the state salary schedule for which the teacher would otherwise have been entitled for positions contracted for in those locations and fields during the school year. Funding shall be based on the number of eligible positions identified for the previous school year, subject to appropriation by the General Assembly. Upon receiving three such salary increases, a teacher shall become ineligible for additional salary increases under this Code section.

(b) The criteria used for assessing whether or not an insufficient supply of qualified teachers is available and the data used in making the determination that a shortage exists shall be submitted by the Office of Education Accountability to the chairpersons of the Education Committees of the House of Representatives and the Senate no later than December 1 of each year."

SECTION 34.

Said chapter is further amended by striking in its entirety Code Section 20-2-214, relating to salary supplements under the "Quality Basic Education Act," which reads as follows:
"20-2-214.

The State Board of Education shall establish a schedule of salary supplements for administrators who have system-wide or school-wide responsibilities. Each salary supplement shall be based on the respective weighted full-time equivalent count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly.",
and inserting in lieu thereof the following:
"20-2-214.

The State Board of Education shall establish a salary schedule for school principals that includes a supplement amount for each principal. The amount of the supplement shall be based on the amount appropriated by the General Assembly for this purpose each year divided by the total weighted full-time equivalent count for the state. The amount for each principal shall be determined by multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school. Local school systems shall pay this supplement to each local school principal in one separate payment each school year."

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SECTION 35.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-218, relating to the duty-free lunch period for teachers employed in grades kindergarten through five under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every teacher who is employed in grades K kindergarten through & five for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time. The implementation of thia duty free lunch period ahall be mandated to the extent that atatc financial support ia provided to each achool district for aueh purposes for the fiscal year 1002 only."
SECTION 36.
Said chapter is further amended by striking subsection (c) of Code Section 20-2-231, relating to the Georgia Education Leadership Academy, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The Georgia Education Leadership Academy shall use such approaches as are necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program; The State Board of Education ahall provide a status report aa to the effectiveness of thia program purauant to subsection (c) of Code Section 20-2-283."
SECTION 37.
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, 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."

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SECTION 38.
Said chapter is further amended in Code Section 20-2-260, relating to capital outlay funding under the "Quality Basic Education Act" by striking paragraph (12) of subsection (b) and subsections (c), (d), (e), and (n) and inserting in lieu thereof a new paragraph (12) of subsection (b) and new subsections (c), (d), (e), and (n) to read as follows:
"(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations."
"(c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for moderniza-

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tion, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; asd shall reflect circumstances where rapid population growth is caused by factors not reflected in fulltime equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h), (i), (j), and (k.l) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital

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outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources;
(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and
(10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which were are registered as historic landmarks such on or before December 31, 1004, with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration and the expenditure of capital outlay funds otherwise available to a school system for such purposes.
(d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects, giving priority to elementary school construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;
(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional pro-

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gram authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section;
(7) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes;

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(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and
(7) To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as auch historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is or is eligible to be a historic landmark as a public school; and provided, further, that facilities which arc historic landmarks be used an public schools and be registered as historic landmarks on or before December 31, 1004. Notwithstanding any other provisions of this Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph."
"(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and project, giving priority to elementary school construction projects where practicable. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required."
SECTION 39.
Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by striking in its entirety Code Section 20-2-270, relating to the establishment of a state-wide network, and inserting in lieu thereof a new Code Section 20-2270 to read as follows:
"20-2-270.

(a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of: providing shared services designed to improve the effectiveness of educational programs and services to local school systems; providing instructional programs directly to selected public school students in the state; and providing Georgia Learning Resources System services. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.' The shared services to member local school systems shall include the following assistance:

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(1) Identifying or conducting research related to educational improvcmcnta and in planning for the implementation of such improvements;
(3) Developing and implementing staff development programs;
(3) Developing and implementing curricula and instruction of the highcat quality poaaiblc, including implementing the uniformly acqucnccd core curriculum adopted by the state board;
(4) Developing and implementing assessment and evaluation programs;
(6) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction aa well as elaaaroom, school, and aehool system management; and
(6) Developing programs, resource materials, and staff development services rclat ing to instruction on alcohol and drug abuac.
The aharod services may also include aaaiatanec designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) Beginning July 1, 1006, the atatc board shall make the service arena for the Gcor gia Learning Resources System compatible with the service arcaa for the RESA'a. The RESA'a arc dcaignatcd aa the fiacal agents for the agency of the Georgia Learning Re sources System or a local board of education aa identified by the State Board of Edu cation through an annual contract to serve as fiscal agent for the Georgia Learning Rcaoureoa System. All member and nonmcmbcr local aehool ayatoma ahall bo provided the services of the Georgia Learning Rcsoureca Syatcm. The State Board of Education shall establish the service area of each regional educational service agency as a geographically defined area of the state. All local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions that are located in the designated geographical area shall be members of that regional educational service agency.
(c) The Paychocducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoodueational Network for severely emotionally disturbed studcnta in place on January 1, 1006, shall be con tinucd in effect. The fiaeal agent for each acrvicc area shall be aa in effect on January 1, 1006, unless changed aa provided in thio oubacction. Upon the request of a major ity of the local aehool superintendents of the local school ayatcms within a acrvicc area, ropreacntativcs of each of the local school systems in the rcopcetivc service area shall vote in the manner and at the time prcacribcd by the atatc board to determine if one of the local school ayatcma or the regional educational acrvico agency acrving the respective service area ahall acrvc aa the fiacal agent for the respective unit of the Paychocducational Network for the ensuing fiaoal year. In the event thia vote results in a change in the fiacal agent for the respective unit, the new fiacal agent ahall eon tinuc in this capacity for a minimum of three fiacal ycara. In the event a regional cd ucational acrvicc agency ia dcaignatcd as the fiscal agent for a acrvicc area, all mem her and nonmcmbcr local school ayatcma shall be provided the acrvicca of the Paychocducational Network. Every state supported postsecondary institution shall be an active member of a regional educational service agency.
(d) Each regional educational service agency and its employees shall be subject to or exempt from taxation in the same manner as are school systems and school system employees.

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(e) All employees and volunteers of a regional educational service agency shall be immune from liability to the same extent as are employees and volunteers of a school system."
SECTION 40.
Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by adding a new Code Section 20-2-270.1 to read as follows:
"20-2-270.1.
(a) Each regional educational service agency shall provide the following shared services to member local school systems:
(1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements;
(2) Developing and implementing staff development programs with an emphasis on improving student achievement and school accountability;
(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board;
(4) Developing and implementing academic assessment and evaluation programs;
(5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management;
(6) Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse; and
(7) Assistance in the development and implementation of a state-wide mentoring program.
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) The state board shall make the service areas for the Georgia Learning Resources System congruous with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member local school systems shall be provided the services of the Georgia Learning Resources System.
(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the

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Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member local school systems shall be provided the services of the Psychoeducational Network."
SECTION 41.
Said chapter is further amended by striking in its entirety Code Section 20-2-271, relating to the establishment of service areas for regional educational service agencies, which reads as follows:
"20-2-271.

(a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.
(b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually."
and inserting in lieu thereof a new Code Section 20-2-271 to read as follows:
"20-2-271.

(a) Each regional educational service agency shall annually develop and submit to the Department of Education for approval, with a copy to the Education Coordinating Council, a regional plan for improvement of educational efficiency and cost effectiveness of its member institutions. Each plan must include the purposes and description of the services the regional educational service agency will provide to schools identified as low-performing based on the indicators adopted under Code Section 20-14-33 and to other schools.
(b) By July 1, 2002, each regional educational service agency shall introduce and provide core services for member local school systems and schools and provide core services for purchase by local school systems and schools which are not members of that regional educational service agency. These core services shall include the following:
(1) Training and assistance in teaching each subject area assessed under Code Section 20-2-281;
(2) Assistance specifically designed for any school that is rated academically failing under Code Section 20-14-33;

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(3) Training and assistance to teachers, administrators, members of local boards of education, and members of local school councils on school-based decision making and control; and
(4) Assistance in complying with applicable state laws and rules of the State Board of Education and the Educational Coordinating Council.
Nothing in this Code section shall be construed to limit the freedom of a school system or school to purchase or refuse to purchase any core service from any regional educational service agency in this state.
(c) Each regional educational service agency may provide any additional service and any assistance to its member systems, as determined by the board of control. Each regional educational service agency may offer any service and form of assistance provided for in this Code section for purchase by any school system or school in this state.
(d) Pursuant to rules and regulations developed by the Professional Standards Commission, each regional educational service agency shall develop programs for nontraditional alternative routes to state teacher certification as an alternative to traditional educator preparation, with special consideration provided to critical field shortages in its regional teaching work force.
(e) Each regional educational service agency may acquire, lease, purchase, lease purchase, or dispose of real or personal property and may incur debts for those purposes, subject to the approval of such agency's board of control. Such property shall be held in the name of the regional educational service agency."
SECTION 42.
Said chapter is further amended by striking in its entirety Code Section 20-2-272, relating to regional educational service agency boards of control, and inserting in lieu thereof a new Code Section 20-2-272 to read as follows:
"20-2-272.

(a) Each regional educational service agency shall be governed by a board of control. The number of members and tcrma of office shall be proscribed by the State Board of Education; provided, however, that on On and after July 1, 1006 2000, the school superintendent of each member school system or hia or her doaigncc , the president or highest administrator of each member postsecondary institution, and a local public or regional library representative appointed by the director of the Office of Public Library Services of the Department of Technical and Adult Education shall serve as a member ef the board of control. At loaat one-third of the membership of each board of control shall be individuals who hold no other public office, who arc not employees of any local unit of administration, and who arc not employees of tho Department of Educa tion. The members of the board of control ahall be elected by an annual CQUCUB of an equal number of members of local boards of education from the respective member lo eal school systems. The state board ahall alao prescribe an equal number of local board mcmbcra from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally au-

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thorized to receive and will, in fact, receive, except as otherwise provided in this part. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the General Aoacmbly, pursuant to subacction (d) of Code Section 30 3 382, the results of any comprehensive evaluations of regional educational service agencies, the atatus of each auch agency, and the progrcoa each nonstandard agency haa made toward addressing identified deficiencies.
(d) Boards of control shall determine the assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and coat effectiveness and efficiency of such agencies by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives.
(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20 2 371 20-2-270 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each local school system will have the information needed to make an informed doeiaion relit tivc to mcmbcrahip in ita respective regional educational service area pursuant to aubscction (b) of Code Section 20 2 371 on or before January 16 of that fiacal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board haa amended one or more decisions pursuant to thia provision, each local school system within the service area of auch planning board ahall be authorized to reverse its dceiaion relative to mcmbcrahip for the cnouing fiscal year prior to May 16 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 30-
o o 1?"!

SECTION 43.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-273, relating to directors and staff of regional educational service agencies, and inserting in lieu thereof a new subsection (b) to read as follows:

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"(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support services prescribed in Code Section 30 3 370 this part."
SECTION 44.
Said chapter is further amended in Code Section 20-2-274, relating to state-wide and local program grants to regional educational service agencies, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform statewide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in oubacction (a) of Code Section 20-2-370 Code Sections 20-2-270.1 and 20-2-271. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources."
SECTION 45.
Said chapter is further amended by striking and reserving in its entirety Code Section 20-2-280, relating to long-term strategic plans, which reads as follows:
"20-2-280.
The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs.

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Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth self-study or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Each long-term state and local strategic plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies."
SECTION 46.
Said chapter is further amended by striking in its entirety Code Section 20-2-281, relating to the assessment of the effectiveness of educational programs under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-281 to read as follows:
"20-2-281.

(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments in reading, mathematics, science, and social studies shall be administered to students in grades three, five, and eight. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests to measure the quality core curriculum and such testa shall be administered to atudcnts in three gradca not lower than grade three. Such tests in English and language arts, mathematics, and reading shall be administered annually to students in grades one through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed within two ycara according to a schedule established by the State Board of Education. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests.
(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and in any other tests that will allow benchmarking this state's performance against national or international performance! The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant

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to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in both the comprehensive evaluation pursuant to Code Section 30 3 282 and the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement.
(b.l) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year.
(c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(l) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 20-2-140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. Students with alternate assessments shall not be counted for the state accountability purposes provided for in this article.
(2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
(e) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student's Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
(f) Under rules adopted by the State Board of Education, the Department of Education shall release the questions and answer keys to each assessment instrument administered under subsection (a) of this Code section after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the department is not required to release a question that is being field tested and was not used to compute the student's score on the instrument.
(g) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000.

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(h) The Department of Education shall, for a period not less than the first two years of the administration of the assessment instrument, release the questions and answer keys to each assessment instrument administered during the school year in which the instrument is administered after the last time the instrument is administered for that school year.
(i) The Department of Education shall develop study guides for the criterion-referenced tests and end-of-course assessments administered pursuant to subsections (a) and (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(jXl) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board.
(2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented core subject end-of-course assessments before discontinuing the high school graduation test.
(k) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act.
(1) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential.
(m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g.
(n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system.
(o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability, and local school system. The information made available to the public shall not contain the names of individual students or teachers.

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(d) Subject to appropriations by the General Aoacmbly, the State Board of Education, in addition to the assessment program provided for in subsection (a) of this Code occ tion, shall provide each local aehool system funds to be uood for additional assessment aa deemed necessary and appropriate by the local school system. The additional funds shall be calculated based on the number of FTE atudcnt counts reported for the pro ceding achool year.
feXp) Teachers in grades three one through 12 shall participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 47.
Said chapter is further amended by striking in their entirety Code Section 20-2-282, relating to comprehensive evaluations of public schools, local systems, and regional educational service agencies, and Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary educational administration and elementary and secondary schools, which read as follows:
"20-2-282.

(a)(l) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.l) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;
(E) The effectiveness of annual personnel evaluation procedures and annual professional development plan procedures and the extent to which staff development programs effectively address deficiencies and other needs identified through these processes;
(F) The accuracy of student count procedures;
(G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units.

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(2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education.
(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.
(4) Any school or school system that is accredited by the Southern Association of Colleges and Schools shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Education in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accreditation will be subject to the comprehensive evaluation specified in paragraph (1) of this subsection.
(b) The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, local school systems, and regional educational service agencies which receive satisfactory comprehensive evaluations pursuant to subsection (a) of this Code section as 'standard.' The state board shall award certificates of acknowledgment for superior performance to all such units which receive superior comprehensive evaluations relative to units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for achievement grants in Code Section 20-2-253, and shall designate such units as 'exemplary.' The state board shall designate all such units

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which receive unsatisfactory comprehensive evaluations relative to comparable units as 'nonstandard.' The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process.

(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force established pursuant to subsection (a) of Code Section 20-2320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Education, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and participation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate demographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school systems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropriation by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursuant to Code Section 20-2320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected for the sole purpose of the profiles created under this Code section prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its

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school and system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving exempt schools.' Schools designated as high-achieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school systems which have had a standards review within the last four years will continue on the five-year cycle as mandated by law.
(f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality.
20-2-283.
(a) Each local unit of administration which is designated to be nonstandard or which operates one or more public schools so designated shall be required to submit to the State Board of Education for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such a corrective plan shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans.

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(b) The State Board of Education shall review at least once every six months the progress of each nonstandard local unit of administration in implementing its state board approved corrective plan. Such a review shall continue until the corrective plan has been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.
(c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of each local unit of administration which is designated by the state board as nonstandard. This evaluation shall be conducted within two years after the state board has approved its corrective plan.
(d) In the event the State Board of Education finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take one or a combination of the following actions:
(1) Increase the local fair share of a local school system pursuant to Code Section 20-2-164 or the local share of a regional educational service agency pursuant to Code Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount;
(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 202-243; or
(3) File a civil action in the superior court of the county wherein a local school system or regional educational service agency office is located, requesting a determination of whether any member of the local board of education or the local school superintendent or any member of the regional educational service agency board of control or regional educational service agency director has by action or inaction prevented or delayed implementation of the corrective plan. If the court finds that any such official has prevented or delayed implementation intentionally, the court may issue an order requiring the official or officials to implement the corrective plan. The court shall have the power to appoint a trustee to ensure the order of the court is carried out. Any expenses or costs incurred by the trustee in carrying out duties assigned by the court shall be paid from funds otherwise used to pay for expenses incurred by board members. If the court finds that any such official is violating the order of the court, the court may remove the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection."
SECTION 48.
Said chapter is further amended by striking in its entirety Code Section 20-2-284, relating to the Council for School Performance established under the "Quality Basic Education Act," which reads as follows:

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"20-2-284.

(a) The General Assembly finds that a Council for School Performance would enhance the public's access to information concerning the performance of public schools and public school systems. Such information shall measure outcomes of the state's investment in each public school and each public school system. Such information shall also specifically describe how each public school and each public school system has utilized moneys derived from the Georgia Lottery for Education.

(b) As used in this Code section, the term 'council' means the Council for School Performance established in subsection (c) of this Code section.

(c) There is created and established a Council for School Performance composed of seven members. Six of the members shall be public members, four of whom shall be appointed by the Governor. One public member shall be appointed by the Speaker of the House of Representatives and one public member shall be appointed by the President of the Senate, neither of which members shall be a member of the General Assembly. The public members shall serve at the pleasure of the appointing authority. The State School Superintendent shall serve as the seventh member and shall have the same vote on the council as any other member.

(d) The Governor shall select a chairperson for the council from among the six public members. Four members shall constitute a quorum for the transaction of business. Members of the council shall receive no compensation for their services upon the council but shall be entitled to receive the travel allowance provided in Code Section 50-197 for their travel expenses when necessary in carrying out the duties of their office.

(e) The council shall not be a part of the Department of Education but shall be an independent entity attached to the Office of Planning and Budget for administrative purposes only, as set forth in Code Section 50-4-3. The council is authorized to enter into contracts to fulfill its duties under this Code section.

(f) The Department of Education shall cooperate fully with the council. Specifically, the Department of Education is directed to collect and provide to the council information regarding individual public schools and individual public school systems which the council deems necessary to discharge its duties under this Code section.

(g) The Council for School Performance shall issue an annual report no later than December 1 of each year, commencing December 1, 1994. The report shall be an impartial evaluation of the progress made by each public school and each public school system in meeting national, state, and local educational goals. The report shall include information concerning outcomes of the state's investment in each public school and each public school system as well as a description of how each public school and each public school system utilized moneys derived from the Georgia Lottery for Education. The report shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Copies of the report shall be provided to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and to the chairpersons of the Education Committees of the Georgia Senate and House of Representatives."

SECTION 49.

Said chapter is further amended by striking in its entirety Code Section 20-2-290, relating to the organization of schools under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-290 to read as follows:

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"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 granta to local school aystcma that operate middle school programs in middle schools which meet the criteria and atandards prcaeribcd by the state board, subject to appropriation by the General Ao ocmbly. The amount of such granta ahall be an additional 13 percent of all funds cal culatcd for the Quality Basic Education Formula provided in Code Section 20 2-161 for otudcnta in grade levels six, seven, and eight who arc 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 the middle school grants program 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 8& 55 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 granta 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 pcrccntilc on a nationally normcd test of reading achievement administered within the previous or current school year as one of the language arts which arc required to meet the eligibility re quircmcnta for auch 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 granta program 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 the middle school granta program 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 qualify for the middle school grant program only for those students counted in the full-time equivalent count for the middle grades school program in qualified middle schools."
SECTION 50.
Said chapter is further amended in Code Section 20-2-292, relating to sparsity grants and salaries of certain school superintendents under the "Quality Basic Education Act," by striking in its entirety subsection (d), which reads as follows:

"(d) The beginning salaries of school superintendents in systems less than the base size specified in Code Section 20-2-181 shall be paid in the same amount as the amount determined for salaries of school superintendents for base size systems."

SECTION 51.

Said chapter is further amended in Part 13 of Article 6, relating to the organization of schools and systems under the "Quality Basic Education Act," by adding at the end thereof a new Code Section 20-2-294 to read as follows:

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"20-2-294.

(a) It is the intent of the General Assembly that students receive academic instruction in permanent classrooms where possible and, further, that students be transported to schools that are within a reasonable distance from the student's place of residence. In order to allow for hardships imposed by inadequate classroom space and excessive distances, this Code section authorizes students to receive education services outside the school district in which they reside, subject to rules promulgated by the State Board of Education.

(b) A student enrolled in a public elementary or secondary school in this state may elect to request reassignment to a public school that is located within the school district in which the student resides other than the one to which the student has been assigned by the local board of education if the school to which the student has been assigned does not have available permanent classroom space in which the student can attend classes and a school within the district in which the student resides has permanent classroom space available. At any time during the school year in which a student is assigned to nonpermanent classroom facilities for instruction, the parent or guardian of a student may apply to the local board for reassignment.

(c) If the student's place of residence is located closer to a school other than the school assigned the student by the local board of education, regardless of the school district in which the closer school is located, and the distance or travel time to the school to which the student has been assigned is, in the determination of the State Board of Education, excessive, and the school which the student is applying to attend is the closest available public school offering a regular program to the student's residence and has available permanent classroom space, the State Board of Education may authorize the student to attend the closer school. State Quality Basic Education Program funds, including the local five mill share, allotted to the sending school system shall be reallotted to the receiving school system in an amount correlated to the number of transferred students. A student's request for reassignment shall be submitted in writing to the district offices of both the district in which the student resides and the district in which the student is requesting to attend school no later than seven days following the assignment of the student to a school and notification of assignment to the student's parent or guardian. Upon assignment of nonresident students, the school system that is providing services may elect to make application to the state for funds that represent the difference between the dollar amount per full-time equivalent student represented by the state program funds received and the total dollar amount per full-time equivalent student expended by the system for a similarly enrolled student; provided, however, that local transportation costs shall not be included in the amount requested. The Department of Education shall request funds in the midterm adjustment amount sufficient to provide for these costs after the amounts submitted have been adjusted to account for students moving between the same two school systems so as to subtract the base cost, represented as the lesser of the two local school system costs per full-time equivalent student amounts, from the greater amount.

(d) The responsibility for and cost of transporting the student to a school to which the student has been assigned under this Code section shall be that of the student. Nothing in this Code section shall be construed to interfere with desegregation plans in effect or any subsequent implementation thereof. Nothing in this Code section shall be construed to alter contractual relationships between two or more school systems."

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SECTION 52.
Said chapter is further amended by striking in its entirety Code Section 20-2-320, relating to a Quality Basic Education Program task force and the development of a statewide comprehensive educational information network, and inserting in lieu thereof a new Code Section 20-2-320 to read as follows:
"20-2-320.

(a) The Governor shall appoint a task force steering committee to be composed of representatives from the Department of Education, the Department of Technical and Adult Education, the office of the Governor, the Office of Planning and Budget, the Office of Education Accountability, the Department of Audits and Accounts, the Deport mcnt of Adminiatrative Services the Georgia Technology Authority, the Board of Regents of the University System of Georgia, the Office of School Readiness, local school systems, the Professional Standards Commission, the House Research Office, the Senate Rcocareh Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The task force steering committee is directed to identify any other data which will be required from local units of administration, public libraries, colleges and universities, pre-kindergarten programs, the Professional Standards Commission, and area postsecondary vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network system which will provide for the accurate, seamless, and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network system. Data shall include, at minimum, itcma specifically identified for profiles required pursuant to subsection (d) of Code Section 30-2 283. The task force steering committee shall adopt a atatcmcnt recommending recommend to the Education Coordinating Council data which would, at minimum, be regularly collected for storage at the state network system host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the network system host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized educational agencies. The task force steering committee shall adopt a statement recommending make recommendations specifying the frequency by which each data component is transmitted. Such data shall be transmitted by olce tronic medium no later than the completion date of the network as provided in aubacc tion (f) of this Code section.
(b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state in grades kindergarten through 12. The State Board of Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational-technical schools of the state. The Board of Regents of the University System of Georgia shall develop and maintain an individual data record for each student enrolled in the colleges and universities of the state which it oversees. The Office of School Readiness shall develop and maintain an individual data record for each student enrolled in pre-kindergarten programs that it oversees. The Professional Standards Commission shall develop and maintain an individual data record for each certificated person employed in a public school. The taak force steering committee shall adopt a statement recommending recommend the specific data to be included and reeommcnding those elements of the individual student record which are to be noi'inallystored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, steering committee; and the State Board of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Com-

FRIDAY, FEBRUARY 25, 2000

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mission, and the State Board of Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the grades pre-kindergarten through 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files.
(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of Education Accountability; the Education Coordinating Council; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Office of School Readiness; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network system, including individual student record and individual personnel record information retrieved by the Department of Education or , the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, or the Department of Technical and Adult Education, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the network system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The taak force steering committee shall develop and adopt recommendations for procedures by which live data files resident on the network system host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, and the Department of Technical and Adult Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the Professional Standards Commission, and the Department of Technical and Adult Education shall adopt monitoring, editing, and verifying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the statewide comprehensive educational information network system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations^ asd Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.
(d) The taak force steering committee shall further develop specifications for hardware and software acquisition and existing hardware and software for administrative uses. Such specifications shall be followed by the State Board of Education, the Board of Regents of the University System of Georgia, the Office of School Readiness, the State Board of Technical and Adult Education, local units of administration, public libraries, and area postsecondary vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network system, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code sec-

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tion that hardware and software used in the state-wide comprehensive educational information network system comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board State Board of Education, the Board of Regents of the University System of Georgia, the State Board of Technical and Adult Education, the Office of School Readiness, and the Professional Standards Commission shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network system, including any funding needed for hardware and software for the Department of Education, the Department of Technical and Adult Education, the University System of Georgia, the Office of School Readiness, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools.
(e) The taak force steering committee shall develop a timetable for implementation of the state-wide comprehensive educational information network system and shall submit a written report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward completion of the network system. The taak force steering committee shall also submit its timetable and notice of all formal actions and recommendations to the State Board of Education and the Education Coordinating Council. The state board shall addrcaa all rcoommcnda tiona submitted by the task force. A separate complete report on progrcaa toward completion of the network shall be submitted scmiannually, prior to January 1 and July 1, to the Governor and to the Houac and Senate Education and Appropriations committees by the Department of Education. This report shall identify any differences between state board actions or policies and corresponding taak force steering committee recommendations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific taak fefee steering committee recommendation.
(f) The state-wide comprehensive educational information network system shall be fully completed by July 1, 1001 2003, subject to appropriation by the General Assembly for this purpose; provided, however, that the taak force steering committee shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1003 2004. Only during the period prior to final completion of the aetwork system, the state board shall be authorized to specify data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network system, highest priority shall be given to the electronic transmission of complete fulltime equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system.
(g) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety in a form to be agreed upon between the departments enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.l) of Code Section 40-5-22."
SECTION 53.
Said chapter is further amended by repealing in its entirety Part 2 of Article 7, relating to additional state aid to school districts where parents live or work on state property, which reads as follows:

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1407

"Part 2
20-2-350.
For any school district wherein 3 percent or more of the children in average daily attendance have parents or guardians who live or work full time on state-owned property, the State Board of Education shall, within the first 90 days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for in this article.
20-2-351.
In any such school district, it shall be the duty of the local school superintendent, within 30 days prior to the end of each fiscal year, to submit the following information to the State Board of Education:
(1) The total number of children attending the public schools, including elementary grades and high school grades, within the school district. Such total number of children shall be based on the average daily attendance of such schools;
(2) The total number of children attending such public schools whose parent or guardian lives or works full time on property owned by the state. Such total number shall be based on the average daily attendance at such school; and
(3) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year.
20-2-352.
The State Board of Education shall determine an average per pupil amount by dividing the total as determined by paragraph (3) of Code Section 20-2-351 by the total as determined by paragraph (1) of Code Section 20-2-351.
20-2-353.
The State Board of Education shall, after making the determination as required by Code Section 20-2-352, make an allotment to the school district for which such determination was made in an amount equal to 50 percent of the amount determined by multiplying the amount determined by Code Section 20-2-352 by the amount determined by paragraph (2) of Code Section 20-2-351.
20-2-354.
The information required by Code Section 20-2-351 may be verified by the State Board of Education. In the event the state board determines that the information is not accurate, the funds allotted by this article shall be increased or decreased as found by its determination; and in the event the funds allotted by this article have been paid to the school district involved, the state board shall, if its determination should show an overpayment, deduct the overpayment from any allotment made to the school district involved from any funds allotted to the school district from state appropriations.
20-2-355.
The funds appropriated by virtue of this article shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this article shall in no way be construed as

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to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law; provided, however, if the annual income of the state for any fiscal year shall fail to be sufficient to pay fully the entire appropriations made by the appropriations Act, the funds appropriated by this article shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly.
20-2-356.
The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this article."
SECTION 54.
Said chapter is further amended by repealing in its entirety Part 3 of Article 7, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions, which reads as follows:
"Part 3
20-2-360.
The General Assembly recognizes that there exist serious areas of concern with respect to the method of taxation of financial institutions by the State of Georgia and that legislation to address these areas of concern may be enacted at the 1983 session or a future session of the General Assembly. The General Assembly further recognizes that if such legislation is enacted it may deprive local school systems of a revenue source and may provide an additional source of state revenue. The General Assembly therefore declares that the purpose of this part is to authorize a program of grants of state funds to local school systems, for which program state funds may be appropriated to alleviate financial burdens which may be imposed upon local school systems by any legislation affecting taxation of financial institutions.
20-2-361.
(a) There may be allotted annually to each local school system in the state for educational purposes, in addition to funds provided pursuant to other laws, certain grants as provided in this part.
(b) In any year in which the General Assembly shall appropriate funds for grants to local school systems by line-item appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the difference between the amount of revenue which will be derived during that year by the school system from the taxation of financial institutions under the law in effect for that year and the amount of revenue which would have been derived during that year by the school system if the method of taxation of financial institutions in effect on January 1, 1983, were still in effect.
(c) No funds shall be appropriated for purposes of this part unless legislation is enacted which changes the method of taxation of financial institutions in effect on January 1, 1983.

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20-2-362.
In any year in which funds are appropriated for purposes of this part, the State Board of Education shall determine what percentage of the total appropriation shall be allotted to each local school system under subsection (b) of Code Section 20-2-361. The state revenue commissioner shall provide to the State Board of Education any technical assistance necessary for purposes of determining such allotments."
SECTION 55.
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 lieu thereof a new subsection (a) to read as follows:
"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh fifth 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."
SECTION 56.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, reporting, and record keeping, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.l) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information network system pursuant to subsection (b) of Code Section 20-2-320 and for the annual profilco pursuant to subsection (d) of Code Section 20-2 382."

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SECTION 57.
Said chapter is further amended in Code Section 20-2-735, relating to the adoption of policies to improve the student learning environment by local boards of education, by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in school auapcnaion programs or alternative educational settings rather than to suspend or expel such students from school." disruptive students to isolated and individual oriented in school suspension programs of alternative educational settings rather than to suspend or expel such students from school."
SECTION 58.
Said chapter is further amended in Code Section 20-2-738, relating to the authority of a teacher over the classroom and procedures following the removal of a student from a classroom, by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(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 suapcnoion 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; 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;

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(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."
SECTION 59.
Said chapter is further amended in Code Section 20-2-768, relating to the expulsion or suspension of students for felonies, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individually oriented in school suspension programs or alternative educational settings rather than to suspend or expel such students from school."
SECTION 60.
Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by striking in their entirety Code Sections 20-2-765 and 20-2-766 and inserting in lieu thereof new Code Sections 20-2-765 and 20-2-766 to read as follows:
"20-2-765.
Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify by telephone call and by either certified mail with return receipt requested;-by or first-class mail, or by telephone call the student's parent or guardian of the disciplinary problem, invite such parent or guardian to observe the student in a classroom situation, and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan.
20-2-766.
Before any chronic disciplinary problem student is permitted to return from an expulsion or suspension, the school to which the student is to be readmitted shall request by telephone call and by either certified mail with return receipt requested5-by or firstclass mail, or by telephone call at least one parent or guardian to schedule and attend a conference with the principal or his or her designee to devise a disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude the student from being readmitted to the school. At the discretion of the principal, a teacher, counselor, or other person may attend the conference. The principal shall ensure that a notation of the conference is placed in the student's permanent file."
SECTION 61.
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:

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"20-2-766.1.

The local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. 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 62.

Said chapter is further amended by striking in its entirety Code Section 20-2-769, relating to alternative education programs for elementary and secondary students, which reads as follows:
"20-2-769.

(a) The State Board of Education shall provide grants to local school systems for use in alternative education programs to serve students in grades 6-12 who violate student codes of conduct adopted by local boards of education. 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) Local boards of education shall establish either individually or in collaboration with another school system or systems an alternative education program for the purpose of providing a separate educational program for students who violate student codes of conduct and shall apply for grants to be distributed pursuant to this Code section.

(c) The alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum, and the instructional program shall enable students to make the transition back to a regular school program. Course credit shall be earned in the alternative education program in the same manner as in other education programs.

(d) The state board shall establish criteria and procedures for alternative education program grants. 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) Annual progress reports for each alternative education program must be filed with the State Board of Education. These reports 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;

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(3) The process by which students have been returned to 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 education program; and
(4) The average daily membership and the average daily attendance records for the program.
(f) 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.",
and inserting in lieu thereof a new Code Section 20-2-769 to read as follows:
"20-2-769.
(a) It is the policy of this state that the alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum and that the instructional program shall enable students to make the transition back to a regular school program as quickly as possible. Course credit shall be earned in an alternative education program in the same manner as in other education programs. It is preferable to reassign disruptive students to an alternative education program rather than suspending or expelling such students from school.
(b) Alternative education programs are intended to meet the education needs of a student suspended from his or her regular classroom and also of a student who is eligible to remain in his or her regular classroom but is more likely to succeed in a nontraditional setting such as that provided in an alternative education program.
(c) As part of the purpose of assigning a student to an alternative education program for academic or nondisciplinary reasons, the school shall assess, through policies and procedures promulgated by the local board of education, the needs of the student and consider options for addressing those needs.
(d) Each school system shall provide an alternative education program that:
(1) Is provided in a setting other than a student's regular classroom;
(2) Is located on or off of a regular school campus and may include in-school suspension that provides continued progress on regular classroom assignments;
(3) Provides for the students who are assigned to the alternative education program to be separated from students who are not assigned to the program;
(4) Focuses on English language arts, mathematics, science, history, and selfdiscipline;
(5) Provides for students' educational and behavioral needs; and
(6) Provides supervision and counseling.

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(e) An alternative education program may provide for a student's transfer to a different campus, a school-community guidance center, or a community-based alternative school.
(f) A school system may provide an alternative education program jointly with one or more other systems.
(g) Each school system shall cooperate with government agencies and community organizations that provide services in the district to students placed in an alternative education program.
(h) For the 2000-2001 school year, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the full-time equivalent program count for grades six through 12. For the 2001-2002 school year and thereafter, the amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of students served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the full-time equivalent program count for grades six through 12.
(i) A school system shall allocate to an alternative education program the same expenditure for each student attending the alternative education program, including federal, state, and local funds, that would be allocated to the student's school if the student were attending the student's regularly assigned education program, including a special education program, except as otherwise provided in this Code section.
(j) Upon the request of a school system, a regional educational service agency may provide to the system information on developing an alternative education program that takes into consideration the system's size, wealth, and existing facilities in determining the program best suited to the system.
(k) If a student placed in an alternative education program enrolls in another school system before the expiration of the period of placement, the local board of education requiring the placement shall provide to the local school system in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The school system in which the student enrolls may continue the alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
(1) The State Board of Education shall adopt rules necessary to administer the provisions of this Code section. Academically, the mission of alternative education programs shall be to enable students to perform at grade level. Annually, the Office of Education Accountability shall define for alternative education programs acceptable performance and performance indicating a need for peer review, based principally on standards defined by the Office of Education Accountability that measure academic progress of students toward grade level while attending an alternative education program."
SECTION 63.
Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code section 20-2-771.1 to read as follows:

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1415

"20-2-771.1.

Each local board of education shall establish procedures to provide for the voluntary preenrollment of children at two years of age. Such procedures shall include a requirement that the parent or guardian of the child submit to the local board or to a school within the school system a certificate of immunization which indicates compliance with age specific immunizations as provided in Code Section 20-2-771."
SECTION 64.
Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code Section 20-2-771.2 to read as follows:
"20-2-771.2.

Each local board of education shall establish policies and procedures regarding a school health nurse program. Such school health nurse programs shall be staffed by licensed health care professionals. Each local board of education may contract or consult with health professionals knowledgeable in children's health issues to establish the standards, policies, and procedures of a school health nurse program. Such standards, policies, and procedures shall be in accordance with the restrictions set forth in Code Section 20-2-773."
SECTION 65.
Said chapter is further amended in Code Section 20-2-942, relating to the procedure for nonrenewal after acceptance by a teacher of a school year contract for a fourth consecutive school year, by adding at the end thereof a new subsection, to be designated as subsection (d), to read as follows:
"(d) A person who first becomes a teacher on or after July 1, 2000, shall not acquire any rights under this Code section to continued employment with respect to any position as a teacher. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights."
SECTION 66.
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools, by striking in its entirety Code Section 20-2-1183, relating to a prohibition against electronic pagers, and inserting in lieu thereof a new Code Section 20-2-1183 to read as follows:
"20-2-1183.

(a) No area, county, or independent board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education.
(b) Any student found in violation of the provisions of this Code section shall be subject to in school suspension placement in an alternative education program."
SECTION 67.
Said chapter is further amended in Code Section 20-2-2064, relating to the approval or denial of a petition to establish a charter school, by adding at the end thereof a new subsection (d) to read as follows:

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"(d)(l) The state board may grant a state charter for a special school as authorized by Article VIII, Section V, Paragraph VII of the Constitution. When a petition submitted by a charter petitioner for a charter school has been denied by a local board of education, the state board may grant such a charter if:
(A) With respect to a petition submitted by a local school, such petition has been agreed to on a secret ballot by a majority of the faculty and instructional staff of the petitioning local school, at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board;
(B) With respect to a petition submitted by a local school, such petition has been agreed to by a majority of the parents or guardians of students enrolled at the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board; and
(C) With respect to a petition submitted by any charter petitioner, the state board finds that such petition meets the requirements set forth in Code Section 20-22063 and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and applicable state rules, regulations, policies, and procedures.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, the state board shall not grant a charter to a home study program or school, sectarian or religious school, private for profit school, private educational institution not established, operated, or governed by the State of Georgia, or an existing private school.
(3) The state board may require a local referendum of the qualified voters in all of the systems affected by a charter granted pursuant to this subsection. Such referendum shall be held at the next regularly scheduled general election or as otherwise authorized by the county or counties in which the school system is located. Such referendum shall be held for the purpose of deciding whether the local school board shall use local bonded indebtedness and school tax levies to support such charter school and the ballot question shall be approved by the State Board of Education."
SECTION 68.
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, by striking subsections (d) and (e) and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education;
(2) Meet achievement standards by meeting the following criteria:
(A) Meeting all achievement standards for HOPE eligibility in his or her junior y001*5

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(BHEarning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and
( XB) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and
(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.
(e) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of the a quarter or semester in which the student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship."
SECTION 69.
Said chapter is further amended in Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An eligible student may receive HOPE grants for all course work required by the institution for twe programs of study leading to a certificate or diploma, including remedial or developmental studies. Such a student may change hia or her program of study twice."
SECTION 70.
Said chapter is further amended in Code Section 20-3-519.7, relating to eligibility for a PROMISE teacher's scholarship, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) To be eligible for a PROMISE teacher's scholarship, a student seeking a bachelor's degree in teacher education shall:
(1) Be admitted, enrolled, and classified as feet a full-time or part-time undergraduate student in a matriculated status at an eligible postsecondary institution maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled;
(2) For a student in the junior year, have earned a minimum overall cumulative & 3.2 grade average in a postsecondary institution at the beginning of the first term for which scholarship aid is requested and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;

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(3) For a student in the senior year, have received the PROMISE teacher's scholarship in his or her junior year, and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;
(4) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification; and
(6) Not yet have obtained a baccalaureate degree; and
(6) (5) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled."
SECTION 71.
Said chapter is further amended in Part 7 of Article 7, relating to HOPE Scholarships and Grants, by striking in its entirety Code Section 20-3-519.10, relating to the application of HOPE scholarships and HOPE grants, and inserting in lieu thereof a new Code Section 20-3-519.10 to read as follows:
"20-3-519.10.
A HOPE scholarship and a HOPE grant may be applied only to tuition, and mandatory fees, not covered by any Pell grant or other federal grant and book costs."
SECTION 72.
Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking paragraphs (8) and (9) and inserting in lieu thereof new paragraphs (8) through (11) to read as follows:
"(8) Establish a plan whereby employees of the Department of Technical and Adult Education may, through payroll deductions, make voluntary contributions to the Georgia Fund for Technical and Adult Education, Inc., provided that such plan shall:
(A) Be consistent with the requirements of subsection (b) of Code Section 45-2053, Code Section 45-20-54, Code Section 45-20-55, and Code Section 45-20-56; and
(B) Not interfere with the right of employees of the Department of Technical and Adult Education to make voluntary contributions to other charitable organizations pursuant to the provisions of Article 3 of Chapter 20 of Title 45; aad
(9) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. Such program shall include the expenditure of funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology; ;

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(10) Approve a request by a postsecondary technical school or institution governed under this chapter to be named a technical college upon the approval and granting of occupational degree-granting status by the State Board of Technical and Adult Education and upon receiving accreditation by the Commission on Colleges of the Southern Association of Schools, the Council on Occupational Education, or any other appropriate accrediting agency approved by the United States Secretary of Education. The use of the name technical college shall not alter the governance of the technical school or institution as established under this chapter nor shall it abridge the authority of the Board of Regents of the University System of Georgia under the Constitution of this state; and

(11) Submit an annual request for funding to the Office of Planning and Budget as prescribed in Code Sections 45-12-78 and 45-12-79. Such submission shall reflect a request for funds pursuant to an enrollment driven formula that reflects funds for direct instructional costs to include salaries and instructional supplies and equipment, funds for indirect support, maintenance and operation, staff and professional development, and media services. Such funding shall be subject to appropriation by the General Assembly."

SECTION 73.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end thereof a new chapter, to be designated as Chapter 14, to read as follows:

20-14-1.

"CHAPTER 14 ARTICLE 1

The General Assembly finds in regard to the creation of an Education Coordinating Council that said council should:

(1) Provide a forum for interagency communication regarding educational policy and programs;

(2) Provide for the effective and efficient coordination and seamlessness of public education programs and components within the education system of Georgia;

(3) Prevent unnecessary duplication of services within the education system of Georgia; and

(4) Oversee and review all education accountability programs from pre-kindergarten through postsecondary education in Georgia.
20-14-2.

There is created an education council to be known as the 'Education Coordinating Council' or 'council' and as used in this chapter, the term 'council' shall mean the Education Coordinating Council.
20-14-3.

(a) The council shall consist of the Governor, the State School Superintendent, the chairperson of the State Board of Education, the chancellor of the University System of Georgia, the chairperson of the Board of Regents of the University System of Georgia, the commissioner of the Department of Technical and Adult Education, the

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chairperson of the State Board of Technical and Adult Education, the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards Commission, and the director of the Office of School Readiness.
(b) The Governor shall he the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws.
(c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent.
20-14-4.

(a) Except as otherwise provided in this part, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council.
(b) The chairperson may designate from among the members of the council one or more committees, each consisting of two or more members of the council, which shall have and exercise such authority as the council may delegate to it under such procedures as the council may provide by resolution establishing such committee or committees.
20-14-5.

The council shall issue an annual report. Copies shall be distributed to each member of the General Assembly not later than the first Monday in December of every year, commencing December 2001. The report shall include:
(1) A summary of the council's activities, findings, recommendations, and decisions over the past year; and
(2) Such other matters as the council shall determine to include.
20-14-6.

All departments, boards, and offices represented on the council, the Office of Planning and Budget, and the Office of Education Accountability shall select and appoint such personnel as each such department, board, or office shall determine to be necessary to support the council in the performance of its duties, with the approval of the council. Such personnel shall serve at the direction of the council. Payment for all costs and salaries of such personnel shall come from funds appropriated to the respective departments, boards, and offices.

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20-14-7.

The council shall have the following powers:

(1) To have a seal and alter the same at its pleasure;

(2) To adopt bylaws for its internal government and procedures;

(3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose for which the council is created;

(4) 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 article and to comply, subject to the provisions of this article, with the terms and conditions thereof;
(5) To fix and collect fees and charges for data, information, and incidental services furnished by it to any private individual or entity;

(6) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; and
(7) To promulgate rules and regulations for the purposes and pursuant to the powers enumerated in this article.
20-14-8.

The council shall have the following general powers and duties, in addition to any and all other powers enumerated in this article, any or all of which may be exercised by the council directly or by the Office of Education Accountability under the direction and supervision of the council:
(1) To foster coordination and cooperation among the chief officers of the departments, boards, and offices represented on the council;
(2) To develop a seamless and integrated public education system;
(3) To require the shared and efficient expenditures for and utilization of facilities, personnel, and other resources;
(4) To require the seamless coordination of curriculum among the departments, boards, and offices represented on the council;

(5) To require reasonable ease of transition for students among the educational institutions represented on the council;
(6) To establish and require high and necessary levels of student achievement at all levels of education;

(7) To exercise oversight of accountability systems that are within or among the departments, boards, and offices represented on the council and develop overlay accountability systems through the Office of Education Accountability;

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(8) To exercise supervision and oversight over the Office of Education Accountability created in Part 2 of Article 2 of this chapter;
(9) To coordinate the activities of state, regional, and local cooperative public education agencies, offices, or councils, including, but not limited to, the state's regional educational service agencies or other such groups that may be created in addition or in their place;
(10) To ensure the availability and quality of the education work force through preparation, professional development, and nontraditional routes to employment;
(11) To oversee the development and implementation of a comprehensive systemwide education student information system that will support the implementation of an education accountability system and improve the seamless operation of public education;
(12) To simplify rules and regulations by all departments, boards, and office represented on the council;
(13) To develop a state-wide mentoring program that enhances student achievement at all levels of public education;
(14) To establish and coordinate a school safety collaborative with representation from agencies and organizations designated by the council to improve the school climate and enhance school safety; and
(15) To mediate disputes among the Department of Education, the University System of Georgia, the Department of Technical and Adult Education, the Professional Standards Commission, the Office of School Readiness, and the Office of Education Accountability in matters regarding accountability or education system seamlessness.
20-14-9.
All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council.
20-14-10.
Any decision or action by the council directing action by any department, board, or office represented on the council shall be placed on the agenda of the next regularly scheduled meeting of the governing body of the affected department, board, or office for immediate action. The action taken by the affected department, board, or office shall be reported to the council at the next regularly scheduled meeting of the council.
20-14-11.
(a) The director of the budget may delegate to the council the authority provided by subsection (a) of Code Section 45-12-78 and subsection (a) of Code Section 45-12-79 to receive and examine the statements and estimates of any department, board, or office represented on the council. Pursuant to such delegation, the council may make such further investigation as the council deems advisable and shall direct such changes or

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revisions in policies or programs in such specific details as the council finds warranted. Thereafter, the council shall submit such revised statements and estimates to the Office of Planning and Budget.

(b) The delegation of authority authorized in subsection (a) of this Code section shall not limit the authority of the director of the budget to make or cause to be made, with respect to any department, board, or office represented on the council, such investigation by the Office of Planning and Budget or the direction of such changes or revisions in policies or programs and in such specific detail as he or she finds warranted, as provided by subsection (a) of Code Section 45-12-79.

ARTICLE 2 Part 1

20-14-20.

As used in this part, the term:

(1) 'Board of regents' means the Board of Regents of the University System of Georgia.

(2) 'Council' means the Education Coordinating Council created in Article 1 of this chapter.

(3) 'Director' means the director of the Office of Education Accountability.

(4) 'Early intervention program' means the program established under Code Section 20-2-153.

(5) 'Office' means the Office of Education Accountability.

Part 2

20-14-25.

(a) There is created the Office of Education Accountability.

(b) The chief administrative and executive officer of the office shall be the director, who shall be appointed by the Governor with the advice and consent of the Senate. Subject to the general policy established by the Education Coordinating Council, the director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office as provided by law. The director shall receive a salary to be determined by the Governor.

(c) The director shall have the authority to employ all personnel of the office, subject to the provisions of this part and all applicable provisions of other laws governing public employment.

(d) The office may adopt a seal for its use and shall be authorized to enter into contracts to fulfill its duties under this article.

(e) The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget.

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20-14-26.
(a) The office shall have the following powers and duties:
(1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components;
(2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council;
(3) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council;
(4) To assist the council in the development of a state-wide education student information system;
(5) To serve as staff to the council; and
(6) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council.
(b) The member agencies of the council and other departments, boards, and offices of this state shall cooperate fully with the office and shall provide the office with all information that the council deems necessary for the office to discharge its accountability duties under this Code section regarding the education programs and units governed by such member agencies or other departments, boards, or offices.
20-14-27.
(a) The office shall submit the following reports to the council:
(1) An annual report regarding pre-kindergarten education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The pre-kindergarten report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all pre-kindergarten and child care programs under the administrative control of the Office of School Readiness. The pre-kindergarten report shall include information concerning results of the state's investment in each pre-kindergarten program;
(2) An annual report regarding elementary and secondary education shall be submitted no later than December 1 of each year, commencing December 1, 2001. The elementary and secondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all elementary and secondary education programs administered by the Department of Education. The elementary and secondary education report shall include information concerning results of the state's investment in each public school and each public school system;

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(3) An annual report regarding postsecondary education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The postsecondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all universities, colleges, institutes, and schools in the University System of Georgia and under the governance of the Department of Technical and Adult Education. The postsecondary education report shall include information concerning results of the state's investment in each university, college, institute, and school; and
(4) An annual report regarding the Georgia education work force shall be submitted no later than December 1 of each year, commencing December 1, 2002. The Georgia education work force report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for the education work force status under the administrative control of the Professional Standards Commission. The Georgia education work force report shall contain information on the results of the state's investments in teacher preparation, educators' professional development, education leadership development, in-field teaching, geographic teacher shortages, alternative routes to teacher certification, and other general information and indicators on the quality of the education work force.
(b) Each report provided for in this Code section shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Such reports shall be distributed to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the Education and Higher Education committees of the Senate and House of Representatives, members of the General Assembly, members of the state education governing boards or commissions, and members of the council. In addition, such reports shall be posted on the website of the office.
Part 3
20-14-30.
The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31.
Except as otherwise provided in this article, the office shall establish the level of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
20-14-32.
The office's state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports required of the office.

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20-14-33.
(a) The office shall adopt and biennially review and revise as necessary, indicators of the quality of learning by students in an individual school.
(b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area;
(2) Dropout rates for each school;
(3) Student attendance rates for each school;
(4) School completion rates for each school;
(5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281;
(6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule;
(7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281;
(8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects;
(9) The results of the Scholastic Assessment Test or the American College Test;
(10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281;
(11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and
(12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts.
(c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard shall be established by the office as provided in Code Section 20-14-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 20-14-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.

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(d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:
(1) A school grade of A, B, C, D, or F on the established absolute student achievement standard;
(2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and
(3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section.
(e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(f) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Education's educational information system in accordance with rules and timelines established by the office.
(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Education's educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(h) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(i) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.
20-14-34.
(a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance;

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(2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and
(3) Comparable school group performance.
This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions.
(b) The report card shall include the following information, where applicable:
(1) The individual school grades as defined in subsection (d) of Code Section 20-1433;
(2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33;
(3) Student-teacher ratios; and
(4) Administrative and instructional costs per student and other financial accounting information as may be required.
(c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided in subsection (d) of Code Section 20-14-33.
(d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and local school system level.
20-14-35.
(a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director;
(2) Raise or lower any performance rating as a result of the audit; and
(3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated.
(b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34.
(c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents

FRIDAY, FEBRUARY 25, 2000

1429

and using that information in the auditor's report and obtaining information from teachers in a manner that prevents a school or school system from screening the information.
(d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education.

(e) The director may authorize other school audits to be conducted under the following circumstances:

(1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or

(2) When a school or school system has not provided student performance information to the Department of Education's educational information system as required under subsection (b) of Code Section 20-2-167.

20-14-36.

The office shall recommend, and the council shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.
20-14-37.

The Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined in Code Section 20-14-33.

20-14-38.

(a) Financial awards will be provided to the schools that the office determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system.

(b) Financial awards will be provided to each school that achieves a grade of A or B as defined in Code Section 20-14-33 for performance on both the absolute student achievement standard and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B in either or both categories will be provided a bonus for the year the school achieved those grades of $1,000.00 for each grade of A and $500.00 for each grade of B. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school and $5,000.00 for each B grade for the school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be pro-

1430

JOURNAL OF THE HOUSE

vided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school.

(c) In addition, the Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the state's education goals under Code Section 20-14-30.
20-14-39.

The award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office.

20-14-40.

All individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.
20-14-41.

(a) If a school has a grade of D or F on student performance for the absolute student achievement standard or on progress on improved student achievement as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The State Board of Education shall prescribe the appropriate level of intervention and may include one or more of the following increasingly severe interventions:

(1) Issuing public notice of the deficiency to the local board of education;

(2) Ordering a hearing to be conducted by the local board of education at the school for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance;

(3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the director for approval, and implementation of the plan;

(4) Appointing a Department of Education school improvement team to:

(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel;

FRIDAY, FEBRUARY 25, 2000

1431

(B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, waivers from state statutes or rules, extended instruction time for low-performing students, smaller class size for low-performing students, or other actions the team considers appropriate;
(C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and
(D) Assist the director in monitoring the progress of the school in implementing the intensive school improvement plan focused on student achievement;
(5) If a school has received a grade of D or F for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or
(6) If a school has received a grade of D or F for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity:
(A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration;
(B) Allow for the implementation of a state charter school through the designation by the State Board of Education;
(C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years;
(D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or
(E) Mandate a monitor, master, or management team in the school that shall be paid by the district.
(b) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school.
(c) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team.
(d) The State Board of Education shall annually report by June 30 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and comment on the report.

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JOURNAL OF THE HOUSE

Part 4
20-14-50.
(a) The office shall create and the council shall adopt the rules and policies that support a postsecondary accountability assessment program that is primarily performance based.
(b) The office shall develop and the council shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the University System of Georgia and the Department of Technical and Adult Education.
(c) The office and the board of regents shall identify, define, and develop such performance indicators and measures by December 1, 2001. The first report card on universities and colleges shall be implemented and produced by the office by December 1, 2002.
(d) The office and the State Board of Technical and Adult Education shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the department, institutes, and schools by December 1, 2002.
(e) After December 1, 2002, the office shall audit those postsecondary institutions, schools, colleges, or programs as necessary in implementing the education accountability system described in this part.
Part 5
20-14-60.
(a) The office, with the approval of the council, shall create and the Office of School Readiness shall adopt the rules and policies that support a pre-kindergarten accountability assessment program that is primarily performance based.
(b) The office shall develop and the Office of School Readiness shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Office of School Readiness.
(c) The office and the Office of School Readiness shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Office of School Readiness and prekindergarten programs by December 1, 2002.
(d) After December 1, 2002, the office shall audit those pre-kindergarten programs as necessary in implementing the education accountability system described in this part.
Part 6
20-14-70.
(a) The office, with the approval of the council, shall create and the Professional Standards Commission shall adopt the rules and policies that support an education work force accountability assessment program that is primarily performance based.

FRIDAY, FEBRUARY 25, 2000

1433

(b) The office shall develop and recommend and the Professional Standards Commission shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Professional Standards Commission and the Georgia education work force.
(c) The office and the Professional Standards Commission shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Professional Standards Commission and the Georgia education work force by December 1, 2002.
(d) After December 1, 2002, the office shall audit the education work force practicing in this state and all teacher preparation and professional development programs as necessary in implementing the education accountability system described in this part.
Part 7
20-14-80.
(a) There shall be a comprehensive educational information system steering committee as provided in Code Section 20-2-320.
(b) The office shall provide a member to the educational information system steering committee to assure that all necessary data, information, and specifications are included in the development of and changes to the educational information system for purposes of education accountability."
SECTION 74.
Said chapter is further amended by striking in its entirety the term "comprehensive educational information network" and inserting in lieu thereof the term "comprehensive educational information system" wherever it appears in:
(1) Subsection (m) of Code Section 20-2-260, relating to capital outlay funds under the "Quality Basic Education Act"; and
(2) Subsection (a) of Code Section 20-2-697, relating to student attendance reports and records kept by public elementary and secondary schools.
SECTION 75.
The Official Code of Georgia Annotated is amended by striking in its entirety the term "local fair share" and inserting in lieu thereof the term "local five mill share" wherever it appears in:
(1) Subsection (a) of Code Section 20-2-133, relating to free public instruction of elementary and secondary students;
(2) Paragraph (2) of subsection (a) of Code Section 20-2-166, relating to the calculation and allotment of state funds to local school systems under the "Quality Basic Education Act";
(3) Paragraph (2) of subsection (a) of Code Section 20-2-187, relating to the statewide school lunch program for elementary and secondary students;
(4) Subsections (a) and (c) of Code Section 20-2-250, relating to projects to improve effectiveness under the "Quality Basic Education Act";

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JOURNAL OF THE HOUSE

(5) Subsection (b) of Code Section 20-2-252, relating to electronic technology plans and grants under the "Quality Basic Education Act";
(6) Subsection (d) of Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary school administration and elementary and secondary schools; and
(7) Subsection (m) of Code Section 48-5-7.5, relating to the assessment of standing timber for ad valorem taxation."
SECTION 76.
This Act shall become effective on July I, 2000.
SECTION 77.
All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 175th moved that the House disagree to the Senate substitute to HB 1187.

Representative Callaway of the 81st moved that an amendment by Williams of the 83rd be printed and placed upon the desks.
The motion prevailed.

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 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.

The Senate has insisted on its disagreement 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.

FRIDAY, FEBRUARY 25, 2000

1435

The Senate has passed by the requisite constitutional majority the following bill of the Senate:

SB 342. By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:
SB 342. By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others: A bill to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations.
Referred to the Committee on Motor Vehicles.

A roll call was ordered on admitting the EPD Director on the floor of the House on HB 1423 and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey N Bannister Y Barnard Y Barnes Y Benefield Y Birdsong
Bohannon Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter Y Byrd N Callaway
Campbell Y Cash Y Channel! Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell N Cooper Y Cox

Y Crawford Y Cummings N Davis, M Y Davis, T Y Day 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 Y Golick Y Graves Y Greene N Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Houston Y Howard Y Hudgens E 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
Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas
Maddox N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills

Y Mobley Y Morris Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote N Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Hay
Reaves Reece Y Reed N Reese Y Reichert Y Rice N Richardson Y 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 Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P E Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P Y Stanley-Turner E Stephens N Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense

1436
Y Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

Y Walker, L N Walker, R.L
Watson

Y West N Westmoreland
Y Whitaker

N Wiles N Williams, J E Williams, R

Y Wix N Yates
Murphy, Spkr

The ayes were 125, nays 39.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:

HB 1423. By Representatives McCall of the 90th, Walker of the 141st, Buck of the 135th, Smyre of the 136th, Reichert of the 126th and others:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain terms; to provide that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality to amend code Section 3632-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section.

Representative Walker of the 141st moved that debate on HB 1423 be limited to five minutes on all future speakers.

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 N Bohannon
Bordeaux Y Borders
N Bridges Y Brooks N Brown
Buck E Buckner
Y Bulloch N Bunn E Burkhalter
Y Byrd N Callaway N Campbell
N Cash Y Channell Y Childers
Clark
N Coan Coleman, B
Y Coleman, T Y Connell N Cooper
N Cox N Crawford Y Cummings N Davis, M

Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G E Dix
Dixon Y Dodson
Dukes N Ehrhart Y Epps N Evans
Everett Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley Y Hammontree Y Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Henson Y Holland Y Holmes Houston Howard N Hudgens E Hudson, H Y Hudson, N

Y Hugley N Irvin N Jackson, B
Jackson, L Y James Y Jamieson Y Jenkins N Jennings
Jones N Joyce N Kaye Y Lane N Lewis
Lord Y Lucas Y Maddox N Mann N Manning
Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley N Mueller E O'Neal Y Orrock Y Parham Y Parrish Y Parsons

E Pelote N Pinholster Y Poag N Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reaves
Reece Y Reed N Reese Y Reichert N Rice
Richardson Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid Y Scott 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

N Smith, L.R
Y Smith, P E Smith, T N Smith, V Y Smyre
N Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P Stanley-Turner
E Stephens N Stokes
Y Stuckey Y Taylor Y Teague Y Teper
Tillman
Y Tolbert N Trense Y Turnquest
Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson
Y West N Westmoreland
Y Whitaker
N Wiles N Williams, J E Williams, R
Y Wix Yates Murphy, Spkr

FRIDAY, FEBRUARY 25, 2000

1437

On the motion, the ayes were 91, nays 53. The motion was lost.

Representative Walker of the 141st moved that debate on HB 1423 be limited to ten minutes on all future speakers.

Representative Brown of the 130th moved to adjourn.

On the motion, the roll call was ordered and the vote was as follows:

N Alien Y Anderson N Ashe N Bailey N Bannister N Barnard N Barnes
Benefield N Birdsong N Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown
Buck E Buckner N Bulloch N Bunn E Burkhalter N Byrd Y Callaway N Campbell Y Cash N Channell N Childers
Clark N Coan
Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M

Davis, T N Day N Dean N DeLoach, B Y DeLoach, G E Dix
Dixon N Dodson
Dukes Y Ehrhart N Epps N Evans
Everett Felton N Ployd Y Franklin N Golick N Graves N Greene Y Grindley N Hammontree N Hanner N Harbin Harrell N Heard N Heckstall N Hegstrom N Hembree Henson N Holland N Holmes Houston Howard N Hudgens E Hudson, H Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings
Jones Y Joyce YKaye N Lane N Lewis
Lord N Lucas N Maddox
Mann Y Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton
McKinney N Millar N Mills N Mobley N Morris N Mosley N Mueller E OTSTeal N Orrock
Parham N Parrish N Parsons

E Pelote N Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas
Eandall N Ray N Reaves N Reece N Reed YReese N Reichert N Rice
Richardson Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett N Scheid N Scott Shanahan Y 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 E Smith, T N Smith, V N Smyre Y Snelling N Snow N Squires N Stallings N Stancil
Stanley, P N Stanley-Turner E Stephens N Stokes N Stuckey N Taylor N Teague N Teper
Tillman Y Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland N Whitaker N Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 23, nays 121. The motion was lost.

On the motion to limit debate to ten minutes, 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

N Bohannon Y Bordeaux Y Borders

N Bridges Y Brooks N Brown

1438
Buck E Buckner Y Bulloch N Bunn E Burkhalter Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers
Clark N Coan
Coleman, B Y Coleman, T Y Connell N Cooper Y Cox Y Crawford Y Cummings N Davis, M
Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson
Dukes N Ehrhart Y Epps N Evans

JOURNAL OF THE HOUSE

N Everett Felton
Y Ployd N Franklin N Golick N Graves Y Greene N Grindley Y Hammontree Y Hanner N Harbin
Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston
Howard
N Hudgens E Hudson, H
Hudson, N Y Hugley
N Irvin
Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins N Jennings
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
McKinney N Millar N Mills Y Mobley Y Morris Y Mosley N Mueller E O'Neal Y Orrock
Parham
Y Parrish
Y Parsons
E Pelote N Pinholster Y Poag Y Ponder
Porter Y Powell

Y Purcell Y Ragas
Randall Y Ray Y Reaves N Reece Y Reed N Reese
Y Reichert N Rice
Richardson Roberts Y Rogers
Y Royal N Sanders
Y Sauder Y Scarlett N Scheid Y Scott
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 E Smith, T

N Smith, V
Y Smyre N Snelling
Snow Y Squires Y Stallings
N Stancil
Stanley, P Y Stanley-Turner
E Stephens N Stokes Y Stuckey Y Taylor Y Teague Y Teper
Tillman N Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Whitaker N Wiles N Williams, J E Williams, R Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 100, nays 49. The motion prevailed.

Representative Crawford of the 129th moved that HE 1423 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

N Alien Y Anderson N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong
N Bohannon
N Bordeaux N Borders Y Bridges N Brooks Y Brown
Buck E Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway N Campbell

Y Cash N Channell N Childers
Clark Y Coan
Coleman, B N Coleman, T
N Connell N Cooper N Cox
Y Crawford N Cummings
Y Davis, M Davis, T
N Day N Dean N DeLoach, B Y DeLoach, G E Dix N Dixon
N Dodson
Dukes Y Ehrhart

N Epps Y Evans
Everett Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree
N Hanner
N Harbin Harrell
N Heard N Heckstall N Hegstrom N Hembree
Y Henson
N Holland N Holmes Y Houston
Howard

N Hudgens E Hudson, H
Hudson, N N Hugley
N Irvin
Y Jackson, B Y Jackson, L N James
Jamieson N Jenkins Y Jennings
Jones Y Joyce
Y Kaye N Lane N Lewis N Lord N Lucas
N Maddox
Y Mann Y Manning N Martin, J N Martin, J.L

N Massey N McBee N McCall N McClinton
N McKinney Y Millar N Mills N Mobley N Morris N Mosley N Mueller E O'Neal
N Orrock
Parham N Parrish Y Parsons E Pelote N Pinholster N Poag Y Ponder N Porter N Powell N Purcell

N Ragas
N Randall
N Ray N Reaves N Reece N Reed N Reese N Reichert N Rice
Richardson Roberts N Rogers N Royal

FRIDAY, FEBRUARY 25, 2000

Y Sanders N Sauder N Scarlett Y Scheid N Scott
Shanahan
Y Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B

N Smith, C N Smith, C.W Y Smith, L N Smith, L.R N Smith, P E Smith, T N Smith, V
N Smyre Y Snelling N Snow
Squires N Stallings
N Stancil

Stanley, P N Stanley-Turner E Stephens N Stokes
N Stuckey N Taylor N Teague N Teper
Tillman Y Tolbert N Trense N Turnquest N Twiggs

1439
Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker N Wiles N Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 40, nays 111. The motion was lost.

Representative Benefield of the 96th moved the previous question.

On the motion, the roll call was ordered and the vote was as follows:

Y Alien E Anderson Y Ashe
Y Bailey N Bannister
E Barnard Y Barnes Y Benefield Y Birdsong
N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks
N Brown
Buck E Buckner Y Bulloch
N Bunn E Burkhalter Y Byrd N Callaway Y Campbell N Cash
Channell
Y Childers N Clark E Coan N Coleman, B
Coleman, T Y Connell Y Cooper N Cox
Y Crawford
Y Cummings N Davis, M

Y Davis, T Y Day Y Dean E DeLoach, B Y DeLoach, G E Dix Y Dixon
Dodson Y Dukes N Ehrhart Y Epps N Evans
Everett N Felton Y Floyd N Franklin Y Golick N Graves Y Greene N Grindley N Hammontree Y Hanner N Harbin Y Harrell
Y Heard
Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes
Houston Howard N Hudgens E Hudson, H Hudson, N

Y Hugley
Y Irvin E Jackson, B Y Jackson, L
James Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye
Y Lane
N Lewis Y Lord Y Lucas
Maddox N Mann
Y Manning
Y Martin, J Y Martin, J.L N Massey
Y McBee Y McCall Y McClinton Y McKinney
Millar N Mills Y Mobley Y Morris Y Mosley
N Mueller E O'Neal Y Orrock
Parham Y Parrish Y Parsons

E Pelote Y Pinholster Y Poag
Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves N Reece Y Reed N Reese Y Reichert N Rice N Richardson
Roberts Y Rogers
Royal N Sanders Y Sauder N Scarlett Y Scheid Y Scott
Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W
Smith, L

N Smith, L.R Y Smith, P E Smith, T N Smith, V Y Smyre N Snelling
Snow Y Squires
Stallings
Y Stancil Stanley, P Stanley-Turner
E Stephens Stokes
Y Stuckey Y Taylor Y Teague Y Teper
Tillman
Y Tolbert Y Trense N Turnquest Y Twiggs N Unterman
Walker, L N Walker, R.L
Y Watson N West N Westmoreland Y Whitaker
Y Wiles N Williams, J E Williams, R Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 90, nays 46. The motion prevailed.

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The following Committee substitute was read: A BILL

To amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain
terms; to pro ride that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality, inspecting the emissions of motor vehicles, the remote sensing of motor vehicle emissions, increasing the fee which the public may be charged for emissions inspections, and establishing administrative fees; to provide that a certain exemption from the "Georgia Administrative Procedure Act" shall not apply to certain regulations; to provide for the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to require a valid passing certificate of emission inspection or waiver in certain counties; to provide for a term; to provide requirements for a passing certificate of emission inspection; to provide for a notice of noncompliance; to provide for necessary repairs and reinspection; to provide for a waiver; to provide for a bumper sticker confirming a
passing certificate of inspection or waiver; to provide for nonapplicability; to provide for a certificate of authorization to conduct emissions inspections; to provide that the Board of Natural Resources shall not limit the number, location, or type of inspection stations; to provide for the conduct of inspections; to provide for the suspension of certificates of authorization; to provide for notice and a hearing; to provide an exemption from certain restrictions on the sale of vehicles in covered counties and adjacent counties; to provide restrictions on the use of test equipment; to provide for the repeal of such Act under certain circumstances; to amend Code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, is amended by striking in its entirety Article 2, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," and inserting in lieu thereof the following:

12-9-40.

"ARTICLE 2

This article shall be known and may be cited as the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act.'
12-9-41.

With respect to the ambient air quality in this state, the General Assembly finds that:

(1) Some counties of the state have ambient air levels of ozone, carbon monoxide, or particulate matter in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended; and that the USEPA has determined that, under certain condi-

FRIDAY, FEBRUARY 25, 2000

1441

tions, such excess levels in such counties are directly related to emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in such counties;
(2) In order to comply with federal health related air standards in counties where the USEPA has determined that excess levels of ozone, ercarbon monoxide, particulate matter, or both combinations of such pollutants are directly related to emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles, it is necessary to monitor and limit emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in such counties;
(3) The USEPA has the duty, by law, to designate those areas of the state violating the NAAQS and has and will, from time to time, as facts dictate, designate those counties or areas of the state violating the NAAQS for ozone, aa4 carbon monoxide, and particulate matter, and the USEPA has the duty, by law, to establish criteria to determine whether the excess levels of ozone, or carbon monoxide, particulate matter, or both combinations of such pollutants are directly related to emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles in such counties;
(4) With respect to such designations, when counties or areas are designated to have ambient air levels of pollutants in excess of the NAAQS, thus being designated nonattainment areas, and according to the criteria established by the USEPA the excess levels of pollution are directly related to emissions of hydrocarbons, nitrogen oxides, particulate matter, arid carbon monoxide from responsible motor vehicles, the state is under a duty tg, provide a plan for reducing the ambient air levels of pollutants found to be in excess of the NAAQS if the state is to maintain its authority to permit new or expanded industry in such county or area; ad
(5) Failure of the state to provide a legally enforceable mechanism pursuant to state law for reducing such pollutants in such counties or areas to levels within the NAAQS will result in such a mechanism subsequently being devised by USEPA and enforced in such areas pursuant to federal law and could result in a significant loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement funds; further, new or expanded industry which would contribute to the ambient air level of such pollutants would be subject to significant new emission control requirements to offset increased emissionsv; and
(6) Circumstances may arise where, in order for the state to have an effective plan for reducing the ambient air levels of pollutants found to be in excess of the NAAQS in nonattainment areas, there is a need to monitor and limit emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in counties or portions of counties located outside the nonattainment areas which adversely influence the ambient air levels of nonattainment areas, regardless of whether these counties or portions of these counties have ambient air levels of pollutants which are in excess of the NAAQS or the degree to which their ambient air levels may exceed the NAAQS.
12-9-42.

It is declared to be the public policy of the State of Georgia as expressed in this article to preserve, protect, and improve air quality in those counties or areas of the state where the ambient air levels of ozone, ercarbon monoxide, particulate matter, or both a combination of such pollutants are in excess of the NAAQS, as designated by the USEPA, and such levels, according to the criteria established by the U8EPA, arc di rcetly related to the cmiasiona of hydrocarbons, nitrogen oxides, and carbon monoxide

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from rosponaiblc motor vchiclca registered in such counties or arena of the atato; and to that end to provide a legally enforceable mechanism for the attainment and maintenance of the NAAQS of such pollutants in such counties or areas of the state by requiring providing that emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state; shall, or from responsible motor vehicles registered in other counties which adversely influence the ambient air levels of nonattainment areas, may be subject to regulation by inspection of exhaust emissions, evaporative emissions, inspection and maintenance of emission control equipment, and inspection and maintenance of on-board diagnostics to ensure compliance with such emission standards, as prescribed by rule or regulation.
12-9-43.

As used in this article, the term:
(1) 'Board' means the Board of Natural Resources.
(2) 'Certificate of authorization' means a certificate issued by the Department of Natural Rcoourcca director to each establishment or location designated as an offieial a certified emission inspection station.
(3) 'Certificate of emission inspection' means an official certificate that exhaust emissions, evaporative emissions, emission control equipment, and on-board diagnostic equipment have been inspected and approved in accordance with this article and the rules and regulations promulgated pursuant to this article. Such ccrtificatca will be furnished to official emission inspection stations by the department to be completed and iaaucd by such atationa to the owner or operator of a responsible mo tor vehicle upon inspection and approval certifying that such responsible motor vehicle has been inspected and complies with the inspection and maintenance required by thia article.
(4) 'Commissioner' mcana the commiaaioncr of natural rcaourcca.
(6) 'Department' means the Department of Natural Rcaourcca.
(4) 'Certified emission inspection station' means a motor vehicle dealership, garage, service station, or other establishment designated or operated by the division and which has been issued by the director a certificate of authorization as an emission inspection station authorized to carry out the emission inspections required by this article.
(5) 'Covered county or area' means any county, portion of a county, or area designated by the board as subject to any requirements of this article.
(6) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.
(7) 'Emission inapcction station' mcana a motor vehicle dealership, garage, service station, or other establishment designated or operated by the department and which haa been iaaucd by the director a certificate of authorization aa an cmiooion inapcc tion atation authorized to carry out the emission inspections required by this article.
(7) 'Division' means the Environmental Protection Division of the Department of Natural Resources.

FRIDAY, FEBRUARY 25, 2000

1443

(8) 'Emission inspection sticker' means a sticker issued in conjunction with a certificate of emission inspection or waiver to be displayed on the responsible motor vehicle.
(9) 'Exhaust emission' means:
(A) The act of releasing hydrocarbons, nitrogen oxides, particulate matter, or carbon monoxide into the atmosphere by means of a motor vehicle exhaust system; or
(B) The material so passed into the atmosphere.
(10) 'Evaporative emission' means:
(A) The act of releasing hydrocarbons into the atmosphere by means of evaporation from a motor vehicle; or
(B) The material so passed into the atmosphere.
(11) 'Federal Clean Air Act' means 42 U.S.C. Section 7401, et seq., as amended.
(12) 'Heavy duty vehicle' means any motor vehicle which:
(A) Is rated at more than 8,500 pounds gross vehicle weight rating;
(B) Has a vehicle curb weight of more than 6,000 pounds; or
(C) Has a basic vehicle frontal area in excess of 45 square feet.
(12X13) 'Highway1 means any road or way publicly maintained and open for use by the public for vehicular traffic.
(43X14) 'Hydrocarbons' means any compound containing carbon and hydrogen.
(14X15) 'Inspection term' means the period of time a passing certificate of emission inspection or waiver shall be considered valid. The specific period of an inspection term shall be established by the rules and regulations promulgated pursuant to this article; provided, however, an inspection term ahall be no leas than 12 montha.
(46X16) 'Mechanic Licensed inspector' means a person approved and issued a license by the department director to perform the emission inspections required by this article.
(17) 'Light duty truck' means any motor vehicle which is rated at 8,500 pounds gross vehicle weight rating or less, has a vehicle curb weight of 6,000 pounds or less, and has a basic vehicle frontal area of 45 square feet or less and which is:
(A) Designed primarily for purposes of the transportation of property or is a derivation of such a vehicle;
(B) Designed primarily for the transportation of persons and has a capacity of more than 12 persons; or
(C) Available with special features enabling off-street or off-highway operation and use.
(18) 'Light duty vehicle' means a passenger car or passenger car derivative capable of seating 12 or fewer passengers.

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(46X19) 'Model year' means the manufacturer's annual production period, as determined by the director, provided that, if the manufacturer has no annual production period, the term 'model year' shall mean the calendar year. The model year shall be determined by the vehicle identification number appearing on the vehicle.
(4^X20) 'Motor vehicle' means any contrivance propelled by power other than muscular power, used for transportation of persons or property on highways, and not operated exclusively upon tracks.
(48X21) 'National Ambient Air Quality Standard' or 'NAAQS' means those allowable ambient air concentrations for pollutants, including ozone, aad carbon monoxide, and particulate matter, specified by the USEPA pursuant to the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended.
(49X22) 'Nitrogen oxides' means any of the various compounds which contain only nitrogen and oxygen.
(36X23) 'Nonattainment area' means a geographic area designated by the USEPA in the Code of Federal Regulations as an area which has not attained or maintained the NAAQS for ozone, er carbon monoxide, particulate matter, or both combinations of such pollutants in accordance with the federal Clean Air Act, as amended.
(34X24) 'Owner' means the registered owner or the individual presenting the responsible motor vehicle for the emission inspection required under this article.
(25) 'Particulate matter' means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.
(33X26) 'Person' means any natural person or individual, corporation, partnership, association, state or federal government, political subdivision, agency, or instrumentality of the state or federal government or any other entity.
(27) 'Remote sensing* means the testing of responsible motor vehicle exhaust emissions through the use of devices that measure such emissions from vehicles in operation on the highways of this state or at such other locations as authorized by the board.
(33X28) 'Responsible motor vehicle' means any motor vehicle defined by the USEPA and published in the Code of Federal Rcgulationa this Code section as a light duty vehicle, er light duty truck, or heavy duty vehicle, excluding any motor vehicle exempted from by this article or by the rules and regulations promulgated pursuant to this article; provided, however, that no such exemption shall be granted to a motor vehicle unlcaa auch exemption ia in accordance with the federal Clean Air Act, as
(29) "Waiver' means an official form issued to the owner of a responsible motor vehicle certifying that such vehicle has met the requirements of this article and the rules and regulations promulgated pursuant to this article for waiving the emission inspection requirement.
(34X30) 'USEPA' means the United States Environmental Protection Agency.

FRIDAY, FEBRUARY 25, 2000

1445

12-9-44.

Thia article ahull operate uniformly throughout the atate. The provisions and requirements of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonattainment area that is required by the federal Clean Air Act and regulations of the USEPA promulgated pursuant to such act to have a motor vehicle inspection and maintenance program and which the board designates, through regulation, as a county or area where the excess levcla of ozone or carbon monoxide or both arc directly related to omiaaiono of hydrocarbons, nitrogen oxidca, or carbon monoxide from rcaponaiblc motor vehicles registered in auch county or area. This article ahull continue to apply in each aueh county or portion of a county ao designated until the USEPA removes such county or area from the Code of Federal Regulations as a nonottainmcnt area and approves an air quality implementation plan which allows the state to maintain the NAAQS in auch county without a vehicle inspection program or portion of a county subject to the requirements of this article. In addition, the provisions and requirements of this article shall apply in each additional county or any portion of any additional county which the board by rule or regulation designates as a county or portion of a county which meets the criteria established pursuant to paragraph (4) of Code Section 12-9-45.
12-9-45.

(a) In each county to which this article applies, there ia required a valid certificate of emission inspection issued by an emission inspection station certified under thia arti clc for each responsible motor vehicle registered purauant to or oubjcct to the require mcnta of Chapter 3 of Title 40 in 3uch county. A valid certificate of cmiaaion inspection is also required for each rcaponaiblc motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Code Section 40 2 84 or 40 2 36, whichever is applicable, and aaoigncd for uac to any federal agency, state agency, municipality, or other political subdivision located in aueh county and for each rcsponaiblc motor vehicle which io operated 60 daya or more in any calendar year on a federal inatallation located in whole or in part in any such

(b) A certificate of cmiaaion inapcction shall be valid for one inspection term. The owner of each rooponsiblc motor vehicle subject to aubacction (a) of this Code section ia required to obtain a new certificate of emission inapcction on or before the date the current certificate of cmiaaion inapcction expires or prior to the vehicle registration date in the year following the expiration of the certificate, aa determined by the board.
(c) Such certificate of emission inapcction muat certify that;
(1) An inapcction of exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydroearbono, as required by Code Section 13-0 48, haa been performed;
(2) The rcaponaiblc motor vehicle complies, aa required by Code Section 12 0 48, with applicable emission standards or emission limitations for hydrocarbons, nitro gen oxidca, and carbon monoxide opccificd for such vehicle by the board pursuant to Code Section 12 0-46;
(3) An inspection, aa required by Code Section 12 0-48, of cmiaaion control equip mont which waa required to be installed on such motor vehicle when now by the fed oral Clean Air Act and ia required to be inspected by the board in the regulations promulgated pursuant to thia article has been performed and that auch equipment ia present and has been maintained aa required by Code Section 12 0 48; and

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(4) An inspection, aa required by Code Section 12 0'48, of on-board diagnoatic equipment which wua required to be inatallcd on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to thia article has been performed, as required by Code Sec tion 12-0-48.
(d) In any county or area not dcoignatcd by the USEPA as a nonattainmcnt area ao of November 1, 1000, which ia aubooqucntly dcaignatcd by the board aa a nonattainmcnt area aubjcct to thia article, the department shall have 12 months from the date such designation occurs to establish a program for emission inspection of reaponaiblc motor vchiclco in aueh county or area; provided, however, that for purposes of this article, the carlicat date aueh county or area shall be considered as having been dcoignatcd as a nonattainmcnt area shall be July 1, 1002. Notwithstanding the provisions of aubaoc tion (a) of thia Code acetion, in aueh countica or areas a certificate of omiooion inapce tion ahall not be required during this initial 12 month period. Following such initial 13 month period, owners of rcaponaiblo motor vehicles in such counties or areas shall ob tain a valid certificate of emission inspection no later than the date established by the
(c) In each county or area subject to this article on July 1, 1002, owners of responsible motor vehicles shall obtain a valid certificate of emission inspection issued pursuant to this article not later than June 30, 1003.
(f) The requirements of paragraphs (1) through (4) of subsection (c) of this Code sec tion shall remain in effect in each county or area cither during such time as such county or any part of the county continues to be dcaignatcd by the USEPA pursuant to the federal Clean Air Act ao a nonattainmcnt area or during such time as the cmia aion program for each aueh county is contained in the state's air quality maintononec
(g) Notwithstanding the other provisions of this Code section, the requirements of this article ohall not apply to vehicles registered aa specified in subsection (a) of this Code section where the owner of such vehicle certifies, under oath and subject to the mono tary penalty provided in Code Section 16 10 71 upon conviction for false swearing therein, which certification may bo made cither by mail and accompanied by a photo copy of the person's military identification card or in pcraon, that:
(1) Such vehicle ia ao registered by a Georgia resident on active duty in the armed services of the United Statco then residing outside the State of Georgia;
(2) At the time the provisions of thia article arc being or arc sought to be enforced with respect to such vehicle, the owner's domicile or, if such vehicle ia primarily used in connection with some established business enterprise, such established buoi ncaa enterprise is not located in any county wherein any rcaponaiblc motor vehicle is aubjcct to the rcquircmcnto of this article; or
(3) Such vehicle is or will be, during the inspection term for which the provisions of this article arc being or arc sought to bo enforced with respect to such motor vehi elo, permanently assigned or lot for use to a person not domiciled or an established business enterprise not located in any county wherein any responsible motor vehicle is aubjcct to the rcquircmcnto of this article. The director shall provide the forma for any such certification.
(h) VchiclcB that arc driven loan than 6,000 miles per year and arc 10 years old or older will be exempted from testing provided that the owner of such vehicle is 66 years old or older.

FRIDAY, FEBRUARY 25, 2000

1447

Antique and collector cars and trucka 36 ycara old or older will be exempted from
(a) In the performance of its duties, the board shall have and may exercise the power and duty to adopt, promulgate, revise, modify, amend, and repeal rules and regulations necessary to implement any of the provisions of this article or requirements of the federal Clean Air Act imposed on the state as an implementing authority, including, without limitation, the power and duty to:
(1) Designate each county, portion of a county, or area within a nonattainment area that is required by the federal Clean Air Act and regulations of the USEPA promulgated pursuant to such act to have a motor vehicle inspection and maintenance program as subject to the requirements of this article;
(2) Designate each county, portion of a county, or area which meets the criteria established pursuant to paragraph (3) of this Code section as subject to the requirements of this article;
(3) Adopt criteria to establish whether emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in counties or portions of counties located outside the nonattainment areas adversely influence the ambient air levels of nonattainment areas, regardless of whether these counties or portions of counties have ambient air levels of pollutants which are in excess of the NAAQS or the degree to which their ambient air levels may exceed the NAAQS;
(4) Prescribe emission standards or emission limitations limiting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide and evaporative emissions of hydrocarbons from responsible motor vehicles as defined in this article. Such standards may specify the amount of allowable emissions by part per million, percentage of total volume or weight of emissions, or such other method as the board selects. In no event shall the emission limitations be stricter than those required by the USEPA pursuant to the federal Clean Air Act, as amended, for the particular vehicle to which such limitations apply. Such emission limitations and emission standards may distinguish between model years, engine types and sizes, trucks and passenger vehicles, or weights of vehicles and may be applicable to groups of vehicles classified according to any such distinctions. Such emission limitations shall be technically feasible. The board may provide by rule or regulation for the method of application of such standards to vehicles with engines of a model year different from the vehicle model year;
(5) Prescribe inspection terms for required emission inspections of responsible motor vehicles. Such terms shall meet minimum requirements of the federal Clean Air Act and regulations of the USEPA promulgated pursuant to such act;
(6) Prescribe procedures or methods of scheduling responsible motor vehicles for emission inspections during any inspection term, and for the granting of time extensions to owners of responsible motor vehicles;
(7) Prescribe for the exemption of certain motor vehicles or model years from the requirements of this article; provided, however, that no exemption shall be granted unless such exemption is in accordance with the federal Clean Air Act, as amended;
(8) Prescribe:

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(A) Standards, requirements, or specifications for equipment used to test, measure, inspect for, or determine compliance by:
(i) A responsible motor vehicle; or
(ii) Any responsible motor vehicle equipment
with the standards, limitations, or other requirements established by or under the authority of this article; and
(B) Procedures for approval by the division of such inspection equipment;
(9) Prescribe procedures for certification by the director of emission inspection stations authorized to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article;
(10) Prescribe:
(A) Standards and qualifications for inspectors licensed to operate inspection equipment used to inspect:
(i) Responsible motor vehicles; or
(ii) Responsible motor vehicle equipment
for compliance with standards, limitations, or other requirements established by or pursuant to this article; and
(B) Procedures for licensing by the director of such inspectors;
(11) Prescribe standards, requirements, or procedures to ensure the operation of certified emission inspection stations in a sufficient number, at such locations, and in a manner satisfactory to the board and in conformance with all standards, requirements, and specifications for such inspection stations, procedures, personnel, and equipment established by or pursuant to this article;
(12) Prescribe operating techniques, specifications, procedures, criteria, and requirements for inspections, records maintenance, and other requirements applicable to emission inspection stations authorized to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with the standards, limitations, or other requirements established by or pursuant to this article;
(13) Prescribe requirements for record keeping and reporting, including, but not limited to, monitoring, surveys, inventories, inspections, reinspections, the results thereof, licensing of inspectors, certification of emission inspection stations, and certificates of emission inspection issued;
(14) Prescribe methods by which the owner of a responsible motor vehicle who has lost the emission inspection sticker, passing certificate of emission inspection, or waiver required in any inspection term may obtain a replacement emission inspection sticker, passing certificate of emission inspection, or waiver. In all cases, the replacement emission inspection sticker, passing certificate of emission inspection, or waiver, shall be valid only for the remainder of the period for which the replaced emission inspection sticker, passing certificate of emission inspection, or waiver was to be valid;

FRIDAY, FEBRUARY 25, 2000

1449

(15) Prescribe a range of fees to be charged by emission inspection stations for the performance of emission inspections; provided, however, that such fees shall be no less than $10.00 and no more than $25.00 per inspection; provided, further, that after January 1, 2001, the board may review at least annually the cost of performing such inspections in an adequate and proper manner including, without limitation, the cost of equipment, testing, labor, training, record keeping, reporting, and other overhead expenses and may increase or decrease the maximum allowable fees to be charged by emission inspection stations for the performance of emission inspections in an amount reasonably related to such factors;
(16) Prescribe administrative fees to be collected by the director from each emission inspection station in an amount necessary to cover the cost of required and adequate oversight to confirm that inspections are being done in a proper and adequate manner as provided in subsection (b) of this Code section; provided, however, that $1.00 of such administrative fees so collected shall be remitted to the county for each responsible motor vehicle that is registered in that county;
(17) Prescribe procedures for identifying, through the use of remote sensing technology or other means:
(A) Responsible motor vehicles which are producing excessive exhaust emissions at times other than their regularly scheduled inspection. The board may require by rule or regulation that any such vehicle undergo an emission inspection as prescribed by subsection (c) of Code Section 12-9-47, whether or not such vehicle is covered by a passing certificate of emission inspection or waiver; and
(B) Responsible motor vehicles which are producing minimal exhaust emissions at times other than their regularly scheduled inspection. The board may prescribe by rule or regulation for any such vehicle that it is exempt from the emission inspection requirement or that an alternate emission inspection may be performed for the next inspection term;
(18) Prescribe, for the remote sensing authorized by paragraph (17) of this Code section, emission standards or emission limitations limiting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles; equipment standards, requirements, or specifications for any equipment used for remote sensing; procedures for approval by the division of any equipment used for remote sensing; procedures for authorization by the director and qualifications of persons authorized to perform remote sensing; operating techniques, specifications, procedures, criteria, and requirements for the performance of remote sensing; requirements for record keeping and reporting, including, but not limited to, results of remote sensing and issuance of exemptions; any fees to be charged for the performance of remote sensing based on the cost of performing such remote sensing in an adequate and proper manner; and any administrative fees to be collected by the director to cover the cost of required and adequate oversight to confirm that remote sensing is being done in a proper and adequate manner as provided in subsection (b) of this Code section; and
(19) Prepare an annual report to the General Assembly regarding vehicle emission testing, including an evaluation of the testing program, of the emission contributions of various sources of air pollutants and the automobile and light truck emissions relative to vehicle miles traveled.
(b) As used in paragraphs (16) and (18) of subsection (a) of this Code section, the phrase 'required and adequate oversight to confirm that inspections and remote sensing are being done in a proper and adequate manner' shall include, but not be limited to, operation and maintenance of a data system and network for emission inspection

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data, remote sensing data, and related information; performance of audits and quality control and quality assurance for certified emission inspection stations, licensed inspectors, and persons authorized to perform remote sensing; dissemination of information to individuals, corporations, governmental agencies, or any other entity regarding emission inspection requirements, remote sensing, and related information; issuance of waivers, exemptions, and extensions of the emission inspection requirement; and any other requirements that the board determines are appropriate to implement and enforce and ensure compliance with the requirements of this article or the rules and regulations promulgated pursuant to this article.
(c) The exemption from certain provisions of the 'Georgia Administrative Procedure Act' provided by subsection (g) of Code Section 50-13-4 shall not apply to paragraphs (6) through (19) of subsection (a) of this Code section.
12-9-46.

(a) The board ahull have the following powcra and dutioa under this article;
(1) To adopt criteria to catablioh whether emissions of hydrocarbons, nitrogen ox idea, and carbon monoxide from responsible motor vehicles in each county or area within a nonattainmcnt area arc directly related to excess levels of ozone or carbon monoxide or both in auch county or area; provided, however, that auch criteria shall in no event bo more atringcnt than the criteria established by the USEPA purauant to the federal Clean Air Act;
(2) To dcaignatc each county or area within a nonattainmcnt area which meets the criteria established purauant to paragraph (1) of thin aubacction;
(3) To prescribe by rule or regulation omiaaion standards or cmiaaion limitations limiting the amounts of allowable cxhauat omiaaions of hydrocarbons, nitrogen ox idea, and carbon monoxide and evaporative emissions of hydrooarbona from rcaponaiblc motor vehicles as defined in this article. Such atandarda may apccify the amount of allowable cmiaaiona by part per million, percentage of total volume or weight of cmiaaiona, or auch other method aa the board aclccto. In no event shall the cmiaaion limitations be stricter than those required by the USEPA purauant to the federal Clean Air Act, aa amended, for the particular vehicle to which auoh limi tationa apply. Such cmiaaion limitations; and cmiaaion standards may diatinguiah between model years, engine types and sizca, trucks and passenger vehicles, or weights of vchiclca and may be applicable to groupa of vchiclco elaaocd according to any aueh distinctions. Such cmiaaion limitations shall be technically fcaaiblc. The board may provide by rule or regulation for the method of application of such standards to vehicles with cnginoo of a model year different from the vehicle model year;
(4) To prescribe by rule or regulation equipment atandarda, rcquircmcnta, or spceifi cationa for any inspection equipment uacd to teat, mcaaurc, inspect for, or determine compliance by o responsible motor vehicle or any rogponaiblc motor vehicle equipment with the standarda, limitations, or other rcquircmcnta catabliahcd by or under the authority of this article;
(6) To prescribe by rule or regulation atandarda and qualifications for mechanic in apcctora liecnacd to operate inapcction equipment to inspect responsible motor vchi clca or rcaponaiblc motor vehicle equipment for compliance with standards, limitationa, or other rcquircmcntg eatabliahcd by or pursuant to this article;

FRIDAY, FEBRUARY 25, 2000

1451

(6) To prcaeribc by rule or regulation operating techniques, apccificationo, proec durca, requircmcnta for records maintenance, criteria, and other rcquircmcnto applicable to emission inapcction stations authorized to inapect responsible motor vehicles or roaponsiblc motor vehicle equipment for compliance with the atandarda, limitations, or other requirements established by or pursuant to thio article;
(7) To prcocribc by rule or regulation roquircmcnta for record keeping and reporting, including, but not limited to, monitoring, surveys, inventories, inapcctiona, rcmapcctiona, the results thereof, certification and licensing of mechanic inspectors, certification of emiaaion inapcction stations, and ccrtificatca of cmiaaion inspection iaaucd;
(8) To prcocribc by rule or regulation for the exemption of certain motor vchiclca or model ycara from the requirements of this article; provided, however, that no ex cmption ahall be granted to a motor vehicle unlcaa such exemption ia in accordance with the federal Clean Air Act, as amended;
(0) To prcocribc by rule or regulation fees to be charged by cmiaaion inapcetion ata tiona for the performance of cmiaaion inapcetiona; provided, however, that auch fee ahall be no loss than $10.00 and no more than $26.00 per inapcction and ahall bo baaed on the coat of performing aueh inapcction in on adequate and proper manner including, without limitation, the coat of equipment, tcating, labor, training, record keeping, reporting, and other overhead oxpcnaca;
(10) To prescribe by rule or regulation for an inapcction term for required cmiaaion inapcctiona of roaponaiblc motor vchicloa. Such term ahall cither be annual or bicn nial aa required to meet minimum roquircmenta of the federal Clean Air Act and rcgulationa of the USEPA promulgated purauant to auch act;
(11) To prescribe by rule or regulation an administrative fee to be collected by the director from each cmiaaion inspection station in a manner determined by the board by rule or regulation to cover the cost of required and adequate ovcraight to confirm that inapoctiona arc being done in a proper and adequate manner; provided, how ever, that $1.00 of each auch adminiatrativc fee ahall be remitted to the county for each reaponaiblc motor vehicle that ia rcgiatcrcd in that county; and
(13) To adviac, conault, cooperate, and contract with other atatc agcncica including, but not limited to, the Department of Public Safety, any political aubdiviaion of the atatc, any dcaignatcd organizationa of elected officiala within the atatc, or any other pcraon aa ncccaaary to implement and adequately enforce and cnaurc compliance with any requirement created, provided, prcaeribcd, or catabliahcd by the board pur auant to thia article.
(b) With reapect to the powora vcatcd in the board purauant to thia Code aoction, the board may designate the eommiaaioncr or the director aa ita agent in cxcreiaing the powcra ao vented.
(c) The director ahall have the following powcra and dutica:
(1) To cxorciac general aupcrviaion over the adminiatration and enforcement of thia article and all mica and regulations and ordcra promulgated under thia article;
(3) To iaauc ccrtifieatca and liccnaca and to deny, auapcnd, or revoke ccrtificatca and
11CCR96SJ
(8) To iaauc all ordcra and proccaaca aa may be ncecaaary to enforce compliance with proviaiona of thia article and all rulca and rcgulationa promulgated under thia arti elc, and to acck collection of all penalties impoacd purauant to thia article;

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(4) To conduct auch public hearings as are deemed ncccoaary for the proper administration of this article;
(6) To make investigations, analyses, and inspections to determine and ensure compliance with thia article, rulca and rcgulationa promulgated pursuant to this article, and any orders which the director may iaauc;
(6) To institute and prosecute such admini3trativc and court aetiona as may be nee cssary to enforce compliance with any provisiona of thia article and any rules and regulations promulgated under thia article;
(7) To exorcise all incidental powcra necessary to carry out the purpoaca of thia arti-
(8) To encourage voluntary cooperation by persona and affected groupa to achieve the purposes of thia article.
(a) In the performance of his or her duties, the director shall have and may exercise the following powers and duties:
(1) To exercise general supervision over the administration and enforcement of this article and all rules and regulations promulgated and orders issued pursuant to this article;
(2) To establish, implement, revise, and amend forms, applications, certificates, licenses, or other documentation which may be required by the division to administer and implement this article;
(3) To issue certificates of authorization and licenses, stipulating in each certificate or license the conditions or limitations under which such certificate or license is issued, and to deny, modify, amend, suspend, refuse to renew, or revoke such certificates and licenses;
(4) To issue all orders and processes as may be necessary to enforce compliance with provisions of this article and all rules and regulations promulgated pursuant to this article;
(5) To collect fees, assessments, penalties, or other payments provided for by this article;
(6) To conduct such public hearings as are deemed necessary for the proper administration of this article;
(7) To make investigations, analyses, and inspections to determine and ensure compliance with this article, the rules and regulations promulgated pursuant to this article, and any orders which the director may issue;
(8) To institute and prosecute such administrative and court actions as may be necessary to enforce compliance with any provisions of this article and all rules and regulations promulgated pursuant to this article;
(9) To collect and disseminate information and to provide for public notification in matters relating to motor vehicle emission inspection and maintenance, air quality, and related matters;

FRIDAY, FEBRUARY 25, 2000

1453

(10) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article;

(11) To prepare, develop, amend, modify, submit, and enforce a comprehensive plan or plans sufficient to comply with applicable provisions of the federal Clean Air Act, including emission standards and limitations, equipment standards, and other requirements to preserve, protect, and improve air quality in this state, and for the achievement and maintenance of the National Ambient Air Quality Standards;

(12) To establish or provide for training and educational programs, including proper operation and utilization of emission inspection equipment, safety procedures, and related matters;

(13) To advise, consult, cooperate, and contract with other state agencies or persons as necessary to implement and adequately enforce and ensure compliance with any requirement created, provided, prescribed, or established by the provisions of this article or by the rules and regulations promulgated pursuant thereto; provided, however, that when negotiating and entering into agreements with the governments of other states or the United States and their several agencies, subdivisions, or designated organizations of elected officials the director shall first obtain the approval of the Governor; and

(14) To exercise all incidental powers necessary to carry out the purposes of this article.

________ ___' ' '

___

ay 1 ____

formed by the director through such authorized persons, including, without limitation,

emnppllioyees, contractors, and any duly appointed agents, as he or she deems necessary

anad iproper.

12-9-47.

(a) The board ahall have and may cxcrciac the following powers and duties under this

(1) To prescribe by rule or regulation otandarda, requirements, or procedures to cnaurc the uniform operation of official emission inspection stationa in a oufficicnt number, at such locations, and in a manner aatiafactory to the board and in conformanec with all atandarda, requirements, and specifications proocribcd for auch in apcction atatioii3, procedures, personnel, and equipment by the board purauant to this article;
(3) To prescribe by rule or regulation procedures for licensing mechanic inapectora under this article;
(3) To proaeribc by rule or regulation procedures for certification of authorized cmia aion inspection stations which shall be certified by the department to inapcct responsible motor vehicle cmiaaiona, rcaponaiblc motor vehicle cmiaaion control equip mcnt, and on board diagnoatic equipment for compliance with the rcquircmcnta of this article;
(4) To prcacribc by rule or regulation forma, applications, ecrtificatca, licenses, or other documentation which may be required by the department to adminioter and implement thia article;

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(6) To prcacribc by rule or regulation procedures, standards, and mothoda for in spccting cmiaaion inapcction otationa or other catabliahmcnto to enforce and ensure compliance with the requirements of thia article;

(6) To prcacribc by rule or regulation procedures or mcthoda of scheduling responsible motor vchiclca for cmiaaion inspection during any inspection term; and
(7) To prescribe by rule or regulation procedures for identifying, through the use of remote sensing technology or other means, vchiclca which arc producing excessive cxhauat cmiaaiona at times other than their regularly achcdulcd inspection. The board may require that any such vehicle undergo an official emission inspection aa prcacribcd by subsection (a) of Code Section 12-0 48, whether or not such vehicle is covered by a valid certificate of emission inopcetion. The board may prescribe that the owner of any auch vehicle which fails to pass aueh inopcction perform repairs and pass a roinspcction in the same manner as provided by subaoction (d) of Code Section 13 0 48.
(b) With rcapcct to the powcro vcatcd in the board pursuant to subsection (a) of thia Code acetion, the board may designate personnel of the department aa the board'a agcnta in cxcrciaing the powers so vested.
(a) Unless otherwise exempted by this article or by the rules and regulations promulgated by the board pursuant thereto, in each county, portion of a county, or area to which this article applies, a valid passing certificate of emission inspection or a valid waiver is required for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2 of Title 40 in such county. A valid passing certificate of emission inspection or waiver is also required for each responsible motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Chapter 2 of Title 40 and assigned for use to any federal agency, state agency, municipality, or other political subdivision located in such county and for each responsible motor vehicle which is operated 60 days or more in any calendar year on a federal installation located in whole or in part in any such county.

(b) A passing certificate of emission inspection or waiver shall be valid for one inspection term. The owner of each responsible motor vehicle subject to the provisions of subsection (a) of this Code section is required to obtain a new passing certificate of emission inspection or waiver on or before the date the current passing certificate of emission inspection or waiver expires, prior to the next vehicle registration date, or as determined by the board.
(c) Each responsible motor vehicle subject to the requirements of this Code section must receive a passing certificate of emission inspection or a waiver once during any inspection term. A passing certificate of emission inspection shall be issued for such responsible motor vehicle if, upon inspection by a licensed inspector in accordance with this article and rules or regulations promulgated pursuant to this article, the inspector determines, with respect to such responsible motor vehicle, that:

(1) Any emission control equipment required to be on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected by the rules and regulations of the board promulgated pursuant to this article has not been rendered unserviceable by removal, alteration, lack of maintenance, or other interference with its operation, unless such equipment was replaced with equivalent equipment which has been certified by the USEPA;

FRIDAY, FEBRUARY 25, 2000

1455

(2) The exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbons, nitrogen oxides, particulate matter, or carbon monoxide prescribed by the rules and regulations of the board promulgated pursuant to this article; and
(3) Any on-board diagnostic equipment required to be on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected pursuant to the rules and regulations promulgated by the board meets the inspection criteria prescribed by the board.
(d) Such passing certificate of emission inspection must certify that:
(1) An inspection of exhaust emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide and evaporative emissions of hydrocarbons, as required by this Code section, has been performed;
(2) The responsible motor vehicle complies, as required by this Code section, with applicable emission standards or emission limitations for hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide specified for such vehicle by the rules and regulations of the board promulgated pursuant to this article;
(3) An inspection, as required by this Code section, of emission control equipment, which was required to be installed on SHeh motor vehicle when new by the federal Clean Air Act and is required to be inspected by the rules and regulations of the board promulgated pursuant to this article, has been performed and that such equipment is present and has been maintained as required by this Code section and the rules and regulations of the board promulgated pursuant to this article; and
(4) An inspection, as required by this Code section, of on-board diagnostic equipment, which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the rules and regulations of the board promulgated pursuant to this article, has been performed and that such equipment meets the inspection criteria prescribed by the board pursuant to this article.
(e) If the inspection discloses any violation of any applicable emission standard, emission limitation, standard of emission control equipment, or standard for on-board diagnostic equipment, then the owner shall be notified, in writing, of the applicable air pollutants which exceed the allowable emissions and the degree of the excess, the specific emission control equipment, or on-board diagnostic equipment which is in violation of the standard or limitation.
(f) The owner shall have necessary maintenance and repairs performed on any responsible motor vehicle violating any applicable emission standard, emission limitation, standard for emission control equipment, or standard for on-board diagnostic equipment and shall have the responsible motor vehicle reinspected as required by the rules and regulations promulgated by the board. If, upon reinspection, such motor vehicle fails to meet the requirements of subsection (c) of this Code section, no waiver shall be issued unless the owner proves, by means of repair facility receipts or other written documents as required by the rules and regulations promulgated by the board, that:
(1) He or she has replaced any emission control equipment, exhaust system equipment, or on-board diagnostic equipment or part thereof which had been removed, physically damaged, or otherwise rendered inoperable;

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(2) He or she has spent at least $450.00 or such amount as the rules and regulations promulgated by the board require, consistent with the federal Clean Air Act, in the repair and maintenance of the responsible motor vehicle exhaust and evaporative emission control systems, on-board diagnostic equipment, or related equipment, as applicable, not covered by warranty since the initial inspection in the current inspection term; provided, however, that the $450.00 repair waiver authorized in this paragraph shall be increased annually by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph, the Consumer Price Index is the average of the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor, as of the close of the 12 month period ending the last day of August of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used; and
(3) Such repairs and maintenance have produced a decrease in exhaust or evaporative emissions, as applicable, since the initial inspection.
(g) Such waiver must certify that:
(1) A reinspection of exhaust emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide; evaporative emissions of hydrocarbons; emission control equipment; and on-board diagnostic equipment, as required by this Code section and the rules and regulations promulgated pursuant to this article, has been performed, and the responsible motor vehicle failed such reinspection;
(2) Evidence that necessary maintenance and repairs of the exhaust and evaporative emission control systems, emission control equipment, on-board diagnostic equipment, or related equipment, as applicable, of the responsible motor vehicle, in an amount satisfying the requirements of this Code section and the rules and regulations promulgated pursuant to this article, has been provided; and
(3) The emission related repairs produced a reduction in emissions for the applicable pollutants that exceeded the allowable emission standards or limitations in the initial inspection and emissions for the applicable pollutants which passed the initial inspection remain below the relevant standards or limitations for such pollutants.
(h) Compliance with any applicable emission standards, emission limitations, standards for emission control equipment, or standards for on-board diagnostic equipment shall be determined by licensed inspectors meeting qualifications; using methods, techniques, and equipment; under conditions; and following inspection procedures prescribed by the rules and regulations of the board promulgated pursuant to this article.
(i) The board may by rule or regulation require each responsible motor vehicle to display an emission inspection sticker issued in conjunction with a passing certificate of emission inspection or waiver on the motor vehicle once it has been approved as meeting the requirements of this article. The emission inspection sticker shall contain such information as shall be required by the rules and regulations promulgated by the board.
(j) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to vehicles where the division determines in accordance with the rules and regulations of the board promulgated pursuant to this article, that:

FRIDAY, FEBRUARY 25, 2000

1457

(1) Such vehicle is so registered by a Georgia resident on active duty in the armed services of the United States then residing outside the State of Georgia;

(2) At the time the provisions of this article are being or are sought to be enforced with respect to such vehicle, the owner's domicile or, if such vehicle is primarily used in connection with some established business enterprise, such established business enterprise is not located in any county or portion of a county wherein any responsible motor vehicle is subject to the requirements of this article; or

(3) Such vehicle is or will be, during the inspection term for which the provisions of this article are being or are sought to be enforced with respect to such motor vehicle, permanently assigned or let for use to a person not domiciled or an established business enterprise not located in any county or portion of a county wherein any responsible motor vehicle is subject to the requirements of this article.

(k) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to motor vehicles that are driven less than 5,000 miles per year and are ten years old or older and are owned by and registered to an individual 65 years old or older.

(1) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to motor vehicles registered as antique vehicles.

(m) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to new responsible motor vehicles at the time of their initial retail sale or delivery of that vehicle, but the required emission inspection and passing certificate of emission inspection or waiver shall be obtained prior to the vehicle registration date in the calendar year two years after the vehicle's model year or at such other time as the board may establish by rule or regulation.

-1 o O AO
ij J '1U.
(a) Each rcsponaiblc motor vehicle subject to any requirement under Code Section 130-46 must receive a certificate of emission inspection once during any inspection term from an emission inspection station holding a valid certificate of authorization from the department. A certificate of emission inspection shall be issued for such a rcaponaiblc motor vehicle if, upon inapcetion by a lieonacd mechanic inspector, the mechanic inspector determines, consistent with the tcrmo of Code Section 12 0 46, with rcapcct to such responsible motor vehicle:

(1) That any emission control equipment required on ouch reaponsiblc motor vehicle when new by the federal Clean Air Act and required to be inopcctcd by the rcgula tiona of the board promulgated pursuant to thia article haa boon inspected and the mechanic inapcctor has determined that auch equipment haa not been rendered unserviceable by removal, alteration, lack of maintenance, or other interference with its operation unless auch equipment waa replaced with equivalent equipment which hag been certified by the USEPA;

(2) That an inapcetion and testing of the exhaust cmiaaions of hydrocarbons, nitro gen oxidca, and carbon monoxide from aueh rcaponaiblc motor vehicle have been performed;

(3) That an inspection and tooting of evaporative cmiaaiona of hydrocarbons from auch rcaponaiblc motor vehicle have been performed;

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(4) That the cxhauat emissions and evaporative cmiaaiona from the rcaponaiblc mo tor vehicle do not exceed any applicable emission standard or emission limitation for allowable cmiaaiona of hydrocarbon, nitrogen oxidca, or carbon monoxide prcocribcd by the board purauant to this article; and
(6) That any on board diagnostic equipment required on aueh rcaponaible motor vehicle when new by the federal Clean Air Act and required to be inapcctcd purautmt to tho rcgulntiona promulgated by tho board has been inapoctcd and the mechanic inspector has determined that auch equipment meets the inapcction criteria pro scribed by the board.
(b) Compliance with any applicable emission standards, cmiasion limitations, atandarda for emission control equipment, or atandarda for on board diagnootic equipment ahall be determined by mechanic inapcctoro meeting qualifications; uoing methods, tcehniquca, and equipment; under conditions; and following inapcction procedures pro acribcd by the board purauant to this article.
(c) If the inspection diacloaca any violation of any applicable emission standard, cmio aion limitation, standard of cmiaaion control equipment, or standard for on board diag noatie equipment, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable cmioaiona and the degree of excess or the opocific cmia aion control equipment or on board diagnoatic equipment which ia in violation of the

(d) The owner shall have ncccaaary maintenance and repairs performed on any rcaponaiblc motor vehicle violating any applicable cmiaaion standard, cmiaaion limita tion, 3tandard for cmiaaion control equipment, or standard for on board diagnostic equipment and return the rcaponaiblc motor vehicle for rcinapcction at an emission in^ speetion station within 30 days of the initial inapcction. Such reinapcetion ohall be at no charge to tho owner. If, upon roinapcction, auch motor vehicle faila to meet the re quircmcnts of subsection (a) of thio Code section, no certificate of cmiaaion inapcction ahall be iaaucd unlcaa the owner proves, by means of repair facility rcecipta or other written documents, that:
(1) Ho or she hao replaced any omiaaion control equipment, cxhauat ayatcm equipment, or on board diagnoatic equipment or part thereof which has been removed, phyoically damaged, or otherwise rendered inoperable;
(3) He or ahc haa apcnt at leaat $460.00 or auch amount aa the board catabliahca, conaiatcnt with the federal Clean Air Act, in the repair and maintenance of the re aponaiblc motor vehicle cxhauat and evaporative, aa applicable, cmiaaion control aya tcma, on-board diagnoatic equipment, or related equipment not covered by warranty aincc the initial inapcction in the current inapcction term; provided, however, that the $160.00 repair waiver authorized in thia paragraph ahall be inercaacd annually by the percentage, if any, by which the Conaumcr Price Index for the most recent calendar year ending before the beginning of auch year oxcocda the Conaumcr Price Index for the calendar year 1080. For purpoaca of thia paragraph, the Conaumcr Price Index ia the average of the Conaumcr Price Index for all urban eonaumcra published by tho Bureau of Labor Statiatica of the United States Department of La bor, aa of the cloao of the 12 month period ending the loot day of Auguat of each cal endar year, and the reviaion of the Conaumcr Price Index which ia moat eonaiatcnt with the Conaumcr Price Index for 1080 ahall be uacd; and
(3) Such rcpaira and maintenance have produced a dccrcaac in cxhauat and cvapo rativc cmiaaiona, aa applicable, aincc the initial inspection.

FRIDAY, FEBRUARY 25, 2000

1459

(c) The board may require each responsible motor vehicle to display an emission inapcetion sticker iaaucd in conjunction with a certificate of emission inspection on the motor vehicle once it haa been approved as meeting the requirements of thia article. Any emission inspection sticker ahall bear auch information aa shall be required by the director. The mechanic inapcctor shall remove from the vehicle being inspected any old emission inspection atickcr when a now emission inspection sticker is issued.

(f) All ecrtificatco of emission inspection shall be issued for the inspection term.

(g) A new responsible motor vehicle otherwise required under Code Section 12 0-46 to have an inspection or certificate of inspection ahall not be required to have cither that inapcction or certificate at the time of the initial retail gale or delivery of that vehicle, but the required emission inapcction and certificate of inspection shall be obtained prior to the vehicle registration date in the calendar year two years after the vehicle's model year or at such other time aa the board may establish by rule or regulation.

(h) The board may establish methods by which the owner of a responsible motor vchi clo who has lost the certificate of emission inspection required in any inspection term may have a duplicate certificate of cmisaion inspection iasuod. Thcac methods may in elude, but arc not limited to, the following:

(1) Any approved emission inspection station may iasuc said duplicate certification of emission inspection upon the owner's dcmonatrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to ito window;

(3) The director shall issue said duplicate certification of emission in the owncr'a demonstrating to the director that said vehicle had been inapcctcd previously and bears a current and valid inspection sticker; or

(3) In the event a windshield bearing a valid emission inspection sticker is replaced, a new emission inspection atickcr may be iaaucd for such vehicle within 30 days after the replacement of the windshield without the necessity of rcinspcction if the owner of the vehicle cxccutca an affidavit in a form furnished by the director stating that the windshield of his or her vehicle has been replaced and giving such other in formation as the director may require and pays to the inspection station a fee in an amount equal to the actual administrative cost of issuing such a aticker which shall be no lesa than the cost of the atickcr plua the coat of computer acccsa. The vehicle may be operated on the highways without an emission inspection atickcr for 80 days after the replacement of the windahicld if proof of the date of such replacement is carried in the vehicle. In all cases, the now emission inspection sticker or duplicate certificate of emission inspection shall be valid only for the remainder of the period for which the replaced emission inspection sticker or certificate of emission inapcc tion waa to be valid.

(i) The inspection provided for in subsection (a) of this Code section shall not require any alteration of any portion of the engine or equipping of the engine with any device for the sole purpose of facilitating the conduct of such teat during the testing periods for 1007 and 1908.

12040.12-9-48.

(a) Any garage or other establishment which person who desires to conduct emission inspections shall submit to the director an application for a certificate of authorization under this article. Applications shall be made upon a form designated by the director and shall contain such information as may be required by the director submitted in

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such manner, on such forms, and contain such information as the director prescribes and which he or she deems necessary to make a determination of compliance with this article and the rules and regulations promulgated pursuant to this article.
(b) A certificate of authorization and certificate of emission inspection shall be issued only after the director has made a determination that the applicant's proposed inspection station will be properly equipped, has the necessary licensed mechanic inspectors to conduct inspections, and meets all other requirements of this article and the rules and regulations promulgated pursuant to this article.
(c)(l) The board shall not in any manner limit the number, location, and or types of authorized inspection atution stations certified to operate in any nonattainment area^ or county, or any portion of a county or area subject to this article. In no event shall the board enter into any contract or into a series of contracts the effect of which will be the realization of centralized testing, except for the testing of heavy duty vehicles or remote sensing authorized by paragraph (17) of Code Section 12-945.
(2) As used in paragraph (1) of this subsection, the phrase 'types of authorized inspection stations' refers to:
(A) A centralized network of emission inspection stations that is run by a state agency or a single contractor authorized by the director to perform emission inspections within a defined area;
(B) A decentralized network of emission inspection stations that are run by persons at privately owned facilities who have been authorized by the director to perform emission inspections, which may also do emission repair work; or
(C) Any combination of the networks described in subparagraphs (A) and (B) of this paragraph.
(d) The director, prior to issuing a certificate of authorization, shall require proof that the applicant has cither filed a bond or htxa obtained liability insurance in a form and amount aatiafactory to the director subject to such terms and conditions and in an amount prescribed by the board through rule or regulation to ensure compensation for any damage to a vehicle during an inspection or adjustment caused by negligence of the applicant or its agent. The term of the liability insurance shall correspond to the period of the certificate of authorization.
(e) With respect to any certificate of authorization issued to for any emission inspection station licensed, authorized, or certified by the department director to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article, the following shall apply:
(1) The director shall ensure the operation of such official certified emission inspection stations of a number, at locations, and in a condition satisfactory to the director and in conformance with all standards, requirements, and specifications prescribed for such inspection stations, procedures, personnel, and equipment by the rules and regulations of the board pursuant to this article; and each official certified emission inspection station shall keep a record of inspections, reinspections, the results thereof, and certificates of emission inspection issued in a manner designated by the department division and in conformance with any requirements for such records and reports prescribed by the rules and regulations of the board. All records required in by this article to be maintained by an official a certified emission inspection station shall be available for inspection at all reasonable times;

FRIDAY, FEBRUARY 25, 2000

1461

(2) Any official emission inspection station licensed, permitted, or established under thia Code acction certified under this article shall be required to perform inspections on responsible motor vehicles in conformity with the rules and regulations or requirements established, prescribed, or promulgated by the board pursuant to this article. Such requirements shall ensure that uniform approved equipment is utilized and that omission inspections produce consistent results throughout affected areas of the state;
(3) A fee as provided in paragraphs (0) and (10) of subsection (a) of Code Section 129-46 paragraph (15) of Code Section 12-9-45 shall be charged by each certified emission inspection station for performance of the emission inspection and each paid inspection of emission control devices emissions, emission control equipment, and onboard diagnostic equipment on responsible motor vehicles;
(4) The director shall supervise and cause inspections to be made of the emission inspection stations, including licensed inspectors .authorized, or certified pursuant to this article and shall ensure compliance with all applicable requirements of, under, or pursuant to this article relating to such inspections, inspection stations, and inspection personnel;
(5) No certificate of authorization for an emission inspection station shall be assigned or transferred or used in any location other than the one designated on such certificate; aad
(6) No inspector license shall be assigned or transferred or used by any person other than the person designated on such license; and
(6X7) Every certificate of authorization for an emission inspection station and mechanic every inspector license shall be posted in a conspicuous place in the station.
13 9 60.12-9-49.
(a) Any duly appointed agent of person authorized by the director, including without limitation any duly authorized agent of the director or person with whom the board director has contracted pursuant to paragraph f!2) (13) of subsection (a) of Code Section 12-9-46, may enter private or public property at reasonable times and upon presentation of the agent's credentials to inspect, monitor, or investigate the operation of any emission inspection station or any establishment suspected of holding itself out as being an emission inspection station to determine whether such emission inspection station or establishment is in compliance with the requirements of this article; provided, however, that nothing in this Code acction shall prohibit other investigative tcchniquca from being utilized by the director and the rules and regulations promulgated pursuant to this article.
(b) Any person authorized by the director, including without limitation any duly appointed agent of the director or any person with whom the director has contracted pursuant to paragraph (13) of subsection (a) of Code Section 12-9-46, may enter public property or private property which is open to the public at reasonable times to inspect visually any responsible motor vehicle in plain view for the purpose of ensuring compliance with the requirements of this article and the rules and regulations promulgated pursuant to this article, and such person shall present his or her credentials upon request.
(c) Nothing in this Code section shall prohibit other investigative techniques from being utilized.

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(d) Evidence of motor vehicle exhaust emissions based on a remote sensing exhaust emissions detection device which is of a model that has been approved by the director shall be considered scientifically acceptable and reliable as a remote sensing exhaust emissions detection device and shall be admissible for all purposes in any court, judicial, or administrative proceeding in this state. A certified copy of the director's list of approved models shall be self-authenticating and shall be admissible for all purposes in any court, judicial, or administrative proceeding in this state.
12 0 61.12-9-50.
(a) Beginning July 1, 1002, it It shall be unlawful for any county to and no county shall register any responsible motor vehicle subject to any requirement under Code Section 12 0 46 12-9-47 pursuant to or subject to the requirements of Chapter 2 of Title 40 without proof of a valid passing certificate of emission inspection or waiver issued pursuant to Code Section 13-0 48 12-9-47 indicating that such responsible motor vehicle satisfied all applicable requirements of Code Section 12 0 46 and Code Section 12 0 48 this article and the rules and regulations promulgated pursuant to this article. In applying for a motor vehicle registration for a responsible motor vehicle subject to any requirement under Code Section 12 0 46 12-9-47, the application shall be accompanied by proof of the issuance of a passing certificate of emission inspection or waiver issued pursuant to Code Section 12 0 48 12-9-47. Any county which registers any responsible motor vehicle without proof of a passing certificate of emission inspection or waiver shall be in violation of this article.
(b) It shall be unlawful to and no person shall operate a responsible motor vehicle subject to any requirement under Code Section 12 0 1612-9-47 on the roadways of this state without a valid registration passing certificate of emission or waiver issued in compliance with this article and the rules and regulations promulgated pursuant to this article. Any poraon who opcrutca a responsible motor vehicle subject to any re quircmcnt under Code Section 12 0 46 on the roadways of this state without a valid registration issued in compliance with this article ahall be considered to be operating an unregistered motor vehicle.
(c) The board may provide for a procedure to be implemented by each county to en aurc that ecrtificatca of omission inspection arc not improperly roused.
12-0-62.12-9-51.
(a) The director may deny, amend, modify, revoke, efsuspend, or refuse to renew any certificate of authorization issued to an emission inspection station or any license issued to a mechanic an inspector for cause, including but not limited to:
(1) Violating the provisions any provision of this article concerning the inspection of any responsible motor vehicle or the rules and regulations promulgated pursuant to this article;
(2) A determination by the board that the number, location, or type types of certified inspection stations or licensed mechanic inspectors needs to be limited to ensure effective implementation of this article or to comply with the requirements of the federal Clean Air Act, as amended; or
(3) Receipt of a request for an amendment, modification, suspension, or revocation by the emission inspection station or mechanic inspector.

FRIDAY, FEBRUARY 25, 2000

1463

(b) The director may suspend without prior notice or hearing any certificate of authorization issued to an emission inspection station or any license issued to an inspector if the director finds, and incorporates such finding in his or her order, that there is reason to believe that emission inspections are being conducted by the station or inspector in flagrant disregard for or flagrant violation of the requirements of this article and the rules and regulations promulgated pursuant to this article or under circumstances producing inaccurate or incomplete results requiring such emergency action. The order shall contain a notice of opportunity for a hearing and may be served by certified mail, return receipt requested, or by hand delivery to the address provided by the owner or operator of the emission inspection station or the licensed inspector in his or her most recent application or as updated. Receipt of the order will be conclusively presumed five days after mailing by certified mail, return receipt requested, or hand delivery to the address provided by the owner or operator of the emission inspection station or the licensed inspector in his or her most recent application or as updated. Any person to whom such order is directed shall comply with such order immediately; provided, however, that upon petition filed with the director, such person shall be afforded a hearing within five business days of receipt of the petition by the director. Based upon findings adduced at such hearing, the order shall be modified with the concurrence of the director, reversed, or continued by the administrative law judge as he or she deems appropriate.
12-0-63.12-9-52.

Review of a decision of the director under this article shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
12-0-64.12-9-53.

No person, except for a person who owns a motor vehicle primarily for personal, family, or household purposes, shall sell within a covered county or any county adjoining a covered county any motor vehicle which is intended for highway use if such vehicle is at the time of the sale a responsible motor vehicle required to have a passing certificate of emission inspection or waiver under Code Section 12 0-4612-9-47, unless there appears on such vehicle an unexpired valid the vehicle is accompanied by an unexpired passing certificate of emission inspection or waiver issued pursuant to this article. Any person violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall bo punished by a fine of $100.00 for o first offcnac, $600.00 for a second offcnac, and $1,000.00 for each subsequent offonac. If, as a result of the sale of a responsible motor vehicle subject to any requirement under Code Section 12 0-46 12-9-47, such motor vehicle would not, if immediately registered by the purchaser as provided by law, be registered in a covered county or area in which the requirements of Code Section 12 0 46 12-9-47 are applicable, this Code section shall not apply.
12-0-66.12-9-54.

(a)(l) No person shall in any manner represent any place or establishment as an eficial emission inspection station unless such station has been issued a valid certificate of authorization by the department director.
(2) No person shall issue a certificate of emission inspection for any responsible motor vehicle unless such person holds a valid certificate of authorization issued pursuant to this article as an emission inspection station and such vehicle has been inspected and approved by a licensed mechanic inspector as required by this article.
(3) No person shall issue a waiver for any responsible motor vehicle unless such person has been authorized to do so by the director.

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(4) No person shall perform an emission inspection of any responsible motor vehicle unless such person holds a valid license issued pursuant to this article as a licensed inspector.
(5) No person shall use test equipment to perform emission inspections except in its approved form.
(b)(l) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of emission inspection or waiver.
(2) No person shall possess, display, or cause or permit to be displayed upon any vehicle any emission inspection sticker knowing the same to be counterfeit or issued for another vehicle or issued without the required inspection and approval.
(3) No person shall use for the purpose of proof under subsection (d) of Code Section 12 0 48 (f) of Code Section 12-9-47 any receipt or document purporting to show cost of repair or maintenance or replacement of equipment unless such receipt or document accurately represents costs actually incurred by such person with respect to the responsible motor vehicle for which the certificate of emissions waiver is sought.
(c) It shall be unlawful for any person to operate or permit to be operated on any highway of this state a responsible motor vehicle registered in any county subject to this article pursuant to or subject to the requirements of Chapter 2 of Title 40, which is at the time of operation required to have a passing certificate of emission inspection or waiver under Code Section 12 0 16 12-9-47, without a valid passing certificate of emission inspection or waiver and emission inspection sticker, if required. If the owner of any motor vehicle who has been notified of the requirement ef to obtain an emission inspection pursuant to paragraph (7) of subsection (a) of Code Section 12 0-47 (17) of Code Section 12-9-45 fails to have the vehicle inspected within 30 days after receipt of such notice, such vehicle shall be in violation of this article and any passing certificate of emission inspection or waiver and any emission inspection sticker previously issued for such vehicle shall be deemed invalid. For purposes of this subsection, each day of operation or permission is a separate offense.
(d) It shall be unlawful to register, or cause to be registered, a responsible motor vehicle in any county other than the county wherein such vehicle is required to be registered by Chapter 2 of Title 40 for the purpose of avoiding any requirement of this article or the rules and regulations promulgated pursuant to this article. Each day of continued unlawful registration shall be a separate offense.
(e) With respect to any responsible motor vehicle subject to any requirement under this article, it shall be unlawful for the purpose of avoiding any requirement of this article or the rules and regulations promulgated pursuant to this article to render unserviceable by removal, alteration, lack of maintenance, or other interference with its operation any emission control equipment or on-board diagnostic equipment required on such responsible motor vehicle when such vehicle was new by the federal Clean Air Act and required by the rules and regulations of the board promulgated pursuant to this article to be inspected and maintained. Each day of such unserviceability shall be a separate offense.
(f) Any person violating any provision of this article or the rules and regulations promulgated pursuant to this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $1,000.00.

FRIDAY, FEBRUARY 25, 2000

1465

(g) Any person violating any provision of this article, or rules or regulations under this article, or refusing to comply with any finatorder issued under this article shall be liable for a civil penalty of not more than $5,000.00 per day violation; provided, however, that in no instance shall any person be both liable for a civil penalty under this subsection and subjected to a criminal prosecution pursuant to subsection (f) of this Code section. Upon a showing that a civil proceeding has been commenced to assess a civil penalty, a court to which a criminal citation for a violation of subsection (f) of this Code section has been presented shall stay the criminal proceeding until the civil penalty proceeding has been completed. If a civil penalty is assessed, the criminal proceeding shall be dismissed.
(h) It shall be unlawful for any person to violate any provision of this article or any rule or regulation promulgated pursuant to this article.
(i) If it is determined that any county has registered responsible motor vehicles without receiving proof from the owners that the responsible motor vehicles satisfy all applicable requirements of Code Sections 12 0-46 and 12 9 48 Section 12-9-47, the director shall notify the commissioner of transportation that such an unlawful act has occurred. Upon such notification, the State Transportation Board may at its discretion withhold Department of Transportation funding assistance from any such county.

When duly promulgated and adopted, all rules and regulations issued pursuant to this article by the board shall have the force of law.
12 9-57 12-0-56
Thia Except as otherwise provided in this article, this article shall remain of force and effect only so long as the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, requires the State of Georgia to maintain and enforce the inspection plan and program provided for in this article in order to reduce the ambient air levels of ozone, er carbon monoxide, or particulate matter which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said act. Upon This article shall be repealed 12 months after the effective date of an amendment to the federal Clean Air Act which allows the State of Georgia to discontinue the maintenance and enforcement of the inspection such plan and program provided for in this article without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, air quality improvement projects, a moratorium on development within any area of the state, or other substantial penalty, this article shall be repealed."
SECTION 2.
Article 1 of Chapter 32 of Title 36, relating to general provisions relative to municipal courts, is amended by striking in its entirety Code Section 36-32-8, relating to jurisdiction in cases of operating responsible motor vehicle without certificate of emission inspection, retention of fines and forfeitures, and the transfer of cases, and inserting in lieu thereof the following:

(a) The municipal court of each municipality of each county required to comply with Article 2 of Chapter 9 of Title 12, known as the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act,' is granted jurisdiction to try and dispose of such cases in which a person is charged with a misdemeanor under Code Section 12 9 66 12-9-54

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JOURNAL OF THE HOUSE

of operating a responsible motor vehicle without a passing certificate of emission inspection or waiver, if the offense occurred within the corporate limits of such municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c) Any defendant charged with a misdemeanor under Code Section 12-0 66 12-9-54 in a municipal court shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine in excess of the limits set forth in Code Section 12-0 66 12-9-54."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Walker of the 87th and Stokes of the 92nd move to amend the Committee substitute to HB 1423 as follows:
Page 28, line 5, strike "5,000", insert "12,000".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges
Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark E Coan Y Coleman, B
Coleman, T

N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M N Davis, T Y Day
Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Manner N Harbin N Harrell

N Heard N Heckstall N Hegstrom
Hembree N Henson N Holland N Holmes N Houston
Howard Y Hudgens E Hudson, H
Hudson, N N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning

N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton
McKinney Millar Y Mills N Mobley N Morris N Mosley Y Mueller E O'Neal N Orrock Parham N Parrish Y Parsons E Pelote Y Pinholster N Poag Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reece

Reed Y Reese N Reichert Y Rice
Richardson Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett Y Scheid Y Scott Shanahan N Shaw Y Shipp N Sholar 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 E Smith, T Y Smith, V N Smyre Y Snelling

N Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner

FRIDAY, FEBRUARY 25, 2000

E Stephens Y Stokes N Stuckey N Taylor Y Teague N Teper

Tillman Y Tolbert N Trense N Turnquest N Twiggs Y Unterman

N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker

1467
Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 59, nays 87. The amendment was lost.

The following amendment was read:

Representatives Walker of the 87th and Stokes of the 92nd move to amend the Committee substitute to HB 1423 as follows:
Page 28, line 6 after older, insert . Strike remainder of line 6 and line 7, insert in lieu thereof,
"The requirements of this Article shall not apply to a vehicle owned by and registered to an individual 65 years old or older."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway N Campbell Y Cash N Channel! N Childers Y Clark E Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

N Davis, T N Day N Dean E DeLoach, B Y DeLoach, G E Dix Y Dixon
N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Ployd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Hembree N Henson N Holland N Holmes N Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton
McKinney Millar Y Mills N Mobley N Morris N Mosley Mueller E O'Neal N Orrock Parham N Parrish N Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell Y Ragas N Eandall N Ray N Reaves Y Reece
Reed Y Reese N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott
Shanahan N Shaw N Shipp N Sholar
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 E Smith, T Y Smith, V N Smyre Y Snelling N Snow Y Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor N Teague N Teper
Tillman Y Tolbert N Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

1468

JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 57, nays 92. The amendment was lost.

The following amendments were read:

Representatives Sauder of the 29th, Manning of the 32nd, Shipp of the 38th, Parsons of the 40th and Jones of the 71st move to amend the Committee substitute to HB 1423 as follows:
Page 15, line 17, after the word "factors" add the following:
", however, such fees shall not exceed $50.00 per inspection."

Representative Irvin of the 45th moves to amend the Sauder amendment to the Committee substitute to HB 1423 as follows:
Strike $50 and insert $25

On the adoption of the Irvin amendment to the Sauder amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson Y Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdaong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck Y Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark E Coan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean E DeLoach, B Y DeLoach, G E Dix Y Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Hembree N Henson N Holland N Holmes Y Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley
Y Irvin E Jackson, B
N Jackson, L N James
Jamieson
N Jenkins Y Jennings Y Jones
Y Joyce Y Kaye Y Lane Y Lewis N Lord
N Lucas Y Maddox Y Mann Y Manning N Martin, J Y Martin, J.L
Y Massey N McBee N McCall N McClinton Y McKinney
Millar
Y Mills N Mobley N Morris
N Mosley Y Mueller E OTSfeal N Orrock
Par ham N Parrish Y Parsons

E Pelote
Y Pinholster N Poag
Ponder Y Porter N Powell
N Purcell Y Ragas Y Randall
N Hay N Reaves Y Reece
Reed Y Reese
N Reichert Y Rice Y Richardson
Roberts
Y Rogers N Royal
Y Sanders Y Sauder Y Scarlett Y Scheid
Y Scott Shanahan
N Shaw Y Shipp N Sholar
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
E Smith, T Y Smith, V
N Smyre Y Snelling Y Snow Y Squires
N Stallings Y Stancil
Stanley, P Y Stanley-Turner
E Stephens
Y Stokes N Stuckey N Ibylor 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 Y Whitaker
Y Wiles Y Williams, J
E Williams, R N Wix
Y Yates Murphy, Spkr

FRIDAY, FEBRUARY 25, 2000

1469

On the adoption of the amendment, the ayes were 87, nays 64. The amendment was adopted.

On the adoption of the Sauder amendment, as amended by the Irvin amendment, the roll call was ordered and the vote was as follows:

Y Alien E Anderson Y Ashe N Bailey Y Bannister E Barnard Y Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark E Coan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean E DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Banner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Hembree N Henson N Holland N Holmes Y Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton Y McKinney
Millar Y Mills Y Mobley N Morris N Mosley Y Mueller E O'Neal
Orrock Parham N Parrish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves Y Reece
Reed Y Reese N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan N Shaw Y Shipp N Sholar
Sims Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires N Stallings Y Stancil
Stanley, P Y Stanley-Turner E Stephens Y Stokes N Stuckey N 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 Westmorland Y Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 87, nays 62.
The amendment was adopted.
The following amendment was read:
Representative Massey of the 86th moves to amend the Committee substitute to HB 1423 by inserting immediately following line 19 of page 28 the following:
"(n) Any vehicle subject to inspection under this Code section which, at the time of such inspection, has a fair market value of less than $450.00 or less than the maximum cap required to obtain a waiver under this Code section shall, at the option of the owner, be purchased by the state for such fair market value. The state shall remove such vehicle from the roads and properly dispose of such vehicle."

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JOURNAL OF THE HOUSE

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Bames N Benefield N Birdsong Y Bohannon N Bordeaux N Borders N Bridges N Brooks Y Brown N Buck N Buckner N Bulloch N Bunn E Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Clark E 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 E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes N Ehrhart N Epps N Evans
Everett Felton N Floyd N Franklin N Golick N Graves N Greene N Grindley N Haimnontree N Manner N Harbin Harrell N Heard Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston Howard N Hudgens E Hudson, H Hudson, N

N Hugley N Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins N Jennings N Jones Y Joyce N Kaye N Lane N Lewis N Lord N Lucas N Maddox N Mann Y Manning N Martin, J N Martin, J.L Y Massey
McBee N McCall N McClinton N McKinney
Millar N Mills N Mobley N Morris N Mosley Y Mueller E OTNTeal N Orrock
Parham N Parrish N Parsons

E Pelote Pinholster
N Poag Ponder
N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece
Reed Y Reese N Reichert N Rice Y Richardson
Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett N Scheid N Scott
Shanahan N Shaw N Shipp N Sholar
Sims N Sinkfield N Skipper Y Smith, B N Smith, C N Smith, C.W N Smith, L

N Smith, L.R N Smith, P E Smith, T N Smith, V N Smyre N Snelling N Snow N Squires N Stallings
Stancil Stanley, P N Stanley-Turner E Stephens N Stokes N Stuckey N Taylor N Teague N Teper 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 Williams, J E Williams, R N Wix Y Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 20, nays 126. The amendment was lost.
The following amendments were read and adopted:
Representative Barnes of the 97th moves to amend the Committee substitute to HB 1423 as follows: On page 28 line 10 strike the words 'registered as antique vehicles' and replace with '25 years old or older'.
Representatives Harbin of the 113th and Tolbert of the 25th move to amend the Committee substitute to HB 1423 as follows: Page 35 line 22 after "enter" add
, only with probable cause.

FRIDAY, FEBRUARY 25, 2000

1471

The following amendment was read and withdrawn:

Representative Franklin of the 39th moves to amend the Committee substitute to HB 1423 as follows:
Page 28 line 10 before the "." add:
"or motor vehicles 25 years old or older".

The following amendment was read:
Representative Evans of the 28th moves to amend the Committee substitute to HB 1423 by striking on lines 39 and 40 of page 32 the following:
"testing of heavy duty vehicles or".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers N Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

N Davis, T YDay
Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Manner N Harbin Harrell N Heard N Heckstall N Hegstrom Y Hembree
N Henson N Holland N Holmes N Houston
Howard Y Hudgens E Hudson, H
Hudson, N

N Hugley Y Irvin
E Jackson, B N Jackson, L N James
Jamieson N Jenkins N 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 Y McKinney
Millar Y Mills N Mobley N Morris N Mosley Y Mueller E O'Neal N Orrock
Parham N Parrish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece
Reed Y Reese N Reichert Y Rice Y Richardson
Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott
Shanahan N Shaw N Shipp N Sholar
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 E Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens N Stokes N Stuckey N Taylor
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 E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 55, nays 95.

1472

JOURNAL OF THE HOUSE

The amendment was lost.

The following amendment was read:
Representative Evans of the 28th moves to amend the Committee substitute to HB 1423 by striking on line 38 of page 36 the following:
"(a)"-
By striking lines 14 through 43 of page 37.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E 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 Bonn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers N Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper N Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day N Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Banner N Harbin Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney
Millar Y Mills N Mobley N Morris N Mosley Y Mueller E O'Neal N Orrock
Parham N Fairish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N
Y Reese N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott
Shanahan N Shaw Y Shipp N Sholar
Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor
Teague N Teper
Tillman N Tolbert N Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L
Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 52, nays 98. The amendment was lost.
The following amendment was read:

FRIDAY, FEBRUARY 25, 2000

1473

Representative Evans of the 28th and McKinney of the 51st move to amend the Committee substitute to HB 1423 by striking lines 42 and 43 of page 25 and line 1 of page 26 and inserting in lieu thereof the following:

"(2) He or she has spent at least $200.00 in".

By striking on line 7 of page 26 the figure "$450.00" and inserting in lieu thereof the figure "$200.00".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day N Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree
N Hanner Y Harbin N Harrell N Heard N Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston
Howard Y Hudgens E Hudson, H
Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton Y McKinney
Millar Y Mills N Mobley N Morris N Mosley Y Mueller E O'Neal N Orrock
Parham N Parrish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell
Purcell N Ragas N Randall N Ray N Reaves N Reece
Reed Y Reese N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan N Shaw Y Shipp N Sholar N Sims
Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor
Teague N Teper
Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spin-

On the adoption of the amendment, the ayes were 70, nays 81. The amendment was lost.
The following amendment was read:
Representatives Ehrhart of the 36th and Irvin of the 45th move to amend the Committee substitute to HB 1423 by striking lines 13 through 15 of page 13 and inserting in lieu thereof the following:

1474

JOURNAL OF THE HOUSE

"shall be no less than 24 months unless the board completes a cost-benefit analysis in compliance with the USEPA standard for highly effective measures for reducing nitrous oxide pollution;"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks
Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell Y Childers
Clark Y Coan Y Coleman, B N Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day N Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree Y Henson N Holland N Holmes N Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas Y Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton Y McKinney
Millar Y Mills Y Mobley N Morris N Mosley Y Mueller E CCNeal N Orrock
Parham N Parrish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson
Roberts N Rogers N Royal Y Sanders Y Sauder N Scarlett
Scheid Y Scott
Shanahan Shaw Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre Y Snelling N Snow Y Squires N Stallings Y Stancil
Stanley, P Y Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor
Teague N Teper
Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 75, nays 75. The Chair voted "nay". The amendment was lost.

Representative Irvin of the 45th moved that the House reconsider its action in failing to adopt the Ehrhart amendment.

On the motion, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard
Barnes N Benefield

N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck

N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash

N Channell Y Childers Y Clark Y Coan Y Coleman, B N Coleman, T Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day N Dean E DeLoach, B

Y DeLoach, G E Dix N Dixon N Dodson
Dukes
Y Ehrhart
N Epps Y Evans
Everett Felton N Floyd Y Franklin Golick Y Graves N Greene Y Grindley Y Hammontree N Banner Y Harbin N Harrell N Heard N Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston

FRIDAY, FEBRUARY 25, 2000

Howard Y Hudgens E Hudson, H
Hudson, N N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis N Lord N Lucas Y Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton

Y McKinney Millar
Y Mills Y Mobley N Morris N Mosley Y Mueller E O'Neal
Orrock Par ham N Fairish Y Parsons E Pelote Y Pinholster N Poag Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice

Y Richardson Roberts
Y Rogers
N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
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 E Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires

1475
N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor Y Teague N Teper
Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland N Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 77, nays 73. The motion prevailed.

On the adoption of the Ehrhart amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T N Connell

Y Cooper
Y Cox
Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day N Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree
N Hanner
Y Harbin Y Harrell N Heard N Heckstall

N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston
Howard Y Hudgens E Hudson, H
Hudson, N N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson
N Jenkins Y Jennings Y Jones Y Joyce Y Kaye N Lane Y Lewis N Lord
N Lucas Y Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey

N McBee N McCall N McClinton Y McKinney
Millar Y Mills Y Mobley
N Morris N Mosley Y Mueller E O'Neal N Orrock
Parham N Parrish Y Parsons E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice

Y Richardson Roberts
N Rogers N Royal Y Sanders
Y Sauder Y Scarlett Y Scheid Y Scott
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 E Smith, T Y Smith, V
N Smyre
Y Snelling N Snow Y Squires N Stallings Y Stancil
Stanley, P

1476
Y Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor

Y Teague N Teper
Tillman Y Tolbert Y Trense

JOURNAL OF THE HOUSE

N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L

Y Watson Y West Y Westmoreland
Y Whitaker Y Wiles

Y Williams, J E Williams, R N Wix
Y Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 79, nays 76. The amendment was adopted.

The following amendment was read:
Representatives Richardson of the 26th, Irvin of the 45th and Lewis of the 14th move to amend the Committee substitute to HB 1423 by striking lines 18 through 28 of page 35 and inserting in lieu thereof the following:
"(b) Reserved."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson
N Ashe N Bailey Y Bannister E Barnard
N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux
N Borders Y Bridges N Brooks Y Brown N Buck N Buckner
N Bulloch Y Bunn E Burkhalter N Byrd
Y Callaway Y Campbell Y Cash Y 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 Y Day
Dean E DeLoach, B Y DeLoach, G
E Dix N Dixon N Dodson N Dukes
Y Ehrhart N Epps Y Evans
Everett Felton
N Floyd Y Franklin Y Golick Y Graves
N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell
N Heard N Heckstall N Hegstrom Y Hembree N Henson
N Holland N Holmes N Houston
Howard
Y Hudgens E Hudson, H
Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson
N Jenkins Y Jennings N Jones
Y Joyce Y Kaye N Lane Y Lewis N Lord
N Lucas Y Maddox Y Mann Y Manning N Martin, J Y Martin, J.L
Y Massey N McBee N McCall N McClinton
N McKinney Millar
Y Mills N Mobley N Morris
N Mosley Y Mueller E O'Neal N Orrock
Parham N Parrish
Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter
N Powell N Purcell Y Ragas N Randall
N Ray N Reaves Y Reece
N Reed Y Reese N Reichert Y Rice Y Richardson
Roberts
N Rogers N Royal Y Sanders N Sauder Y Scarlett
Y Scheid Y Scott
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 E Smith, T Y Smith, V N Smyre Y Snelling
Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor N Teague N Teper
Tillman Y Tolbert Y Trense N Turnquest
Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 66, nays 85.

FRIDAY, FEBRUARY 25, 2000

1477

The amendment was lost.

The following amendment was read:
Representatives Walker of the 87th, Stokes of the 92nd and Lewis of the 14th move to amend the Committee substitute to HB 1423 by striking lines 6 and 7 of page 28 and inserting in lieu thereof the following:
"per year and are ten years old or older."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day
Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins N Jennings N Jones Y Joyce YKaye N Lane Y Lewis N Lord N Lucas Y Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton
McKinney Millar Y Mills N Mobley N Morris N Mosley Y Mueller E O'Neal N Orrock Parham N Parrish N Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell Y Hagas N Randall
Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott
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 E Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor N Teague N Teper
Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, H.L N Watson N West Y Westmoreland N Whitaker Y Wiles N Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 58, nays 94. The amendment was lost.
The following amendment was read:
Representatives Walker of the 87th, Stokes of the 92nd and Lewis of the 14th move to amend the Committee substitute to HB 1423 by striking line 26 of page 4 and inserting in lieu thereof the following:

1478

JOURNAL OF THE HOUSE

"registered in other counties, but only if clear and convincing scientific evidence shows that the emissions of such motor vehicles result in at least a 5 percent increase in the levels of hydrocarbons, nitrogen oxides, participate matter, and carbon monoxide in the".
By striking line 16 of page 9 and inserting in lieu thereof the following:
"paragraph (4) of Code Section 12-9-45, but only if clear and convincing scientific evidence shows that the emissions of motor vehicles registered in such county or portion of a county result in at least a 5 percent increase in the levels of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide in the ambient air levels of a nonattainment area."
By striking line 26 of page 12 and inserting in lieu thereof the following:
"outside the nonattainment areas, but only if clear and convincing scientific evidence shows that the emissions of motor vehicles registered in such county or portion of a county result in at least a 5 percent increase in the levels of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide in the".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channell Y 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 E DeLoach, B Y DeLoach, G E Dix Y Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas Y Maddox Y Mann N Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton
McKinney Millar Y Mills N Mobley N Morris N Mosley Y Mueller E OTSIeal N Orrock Par ham N Parrish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves Y Reece N Reed Y Reese N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott
Shanahan N Shaw Y Shipp N Sholar Y Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor N Teague N Teper
Tillman Y Tolbert Y Trense N Turnquest
Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 73, nays 80.

FRIDAY, FEBRUARY 25, 2000

1479

The amendment was lost.

The following amendment was read:
Representative Smith of the 103rd moves to amend the Committee substitute to HB 1423 by striking lines 26 and 27 of page 41 and inserting in lieu thereof the following:
"Protection Agency pursuant to said act, or July 1, 2004, whichever is earlier. Upon This article shall be automatically repealed on the earlier of July 1, 2004, or 12 months after the effective date of an".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien E Anderson
Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channell N Childers Y Clark Y Coan Y Coleman, B Y Coleman, T N Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

N Davis, T Y Day N Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin Y Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes Y Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey Y McBee N McCall N McClinton N McKinney
Millar Y Mills N Mobley N Morris N Mosley Y Mueller E CCNeal N Orrock
Parham N Parrish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell Y Ragas
Randall N Ray N Reaves Y Reece N Reed Y Reese N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott
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 E Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stalhngs Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor N Teague N Teper
Tillman Y Tblbert Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson N West Y Westmorland Y Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 73, nays 80. The amendment was lost.
The following amendment was read:

1480

JOURNAL OF THE HOUSE

Representatives Stancil of the 16th, McCall of the 90th, Benefield of the 96th, Hanner of the 159th, Ehrhart of the 36th and Irvin of the 45th move to amend the Committee substitute to HB 1423 as follows:
By striking line 1 of page 2 and inserting in lieu thereof the following:
"references contained in such Code section; to amend Code Section 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of administrative rules, so as to provide an exemption from such Code section relating to proposed rules relative to the Environmental Protection Division of the Department of Natural Resources; to repeal".
By inserting immediately following line 29 of page 42 the following:
"Code Section 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of administrative rules, is amended by striking in its entirety subsection (g), which reads as follows:
'(g)(l) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources.
(2) In the event the chairman of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of the agency to consult with the committee prior to the adoption of the rule.'
SECTION 4."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien E Anderson
Y Aahe Y Bailey Y Bannister E Barnard Y Barnes
Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Borders
Y Bridges N Brooks Y Brown Y Buck Y Buckner
Y Bulloch Y Bunn E Burkhalter N Byrd Y Callaway
Y Campbell Y Cash Y Channel! Y Childers
Y Clark

Y Coan Y Coleman, B
Y Coleman, T N Connell Y Cooper Y Cox Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day Y Dean
E DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson
Y Dukes Y Ehrhart Y Epps Y 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 N Hegstrom Y Hembree Y Henson N Holland
N Holmes Y Houston
Howard Y Hudgens E Hudson, H
Hudson, N Y Hugley Y Irvin E Jackson, B Y Jackson, L
Y James Jamieson
Y Jenkins Y Jennings
N Jones

Y Joyce Y Kaye
Y Lane Y Lewis N Lord Y Lucas Y Maddox
Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey
Y McBee Y McCall Y McClinton N McKinney
Millar
Y Mills Y Mobley Y Morris N Mosley Y Mueller
E CWeal N Orrock
Parham Y Parrish
Y Parsons

E Pelote Y Pinholster
Y Poag Ponder
Y Porter Y Powell Y Purcell
Y Ragas N 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
Shanahan
Y Shaw

Y Shipp Y Sholar
Sims Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

FRIDAY, FEBRUARY 25, 2000

Y Smith, L.R
N Smith, P E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow N Squires Y Stallings

Y Stencil Stanley, P
Y Stanley-Turner E Stephens Y Stokes N Stuckey Y Taylor N Teague N Teper

Tillman Y Tolbert Y Trense N Turnquest
Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

1481
Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 130, nays 21. The amendment 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.
Representatives Byrd of the 170th and Mosley of the 171st stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following amendment was read and withdrawn:
Representative Callaway of the 81st moves to amend the Committee substitute to HB 1423 as follows: By striking on page 15 line 7 the no. "25.00" and inserting the number "12.50". Further amends by striking beginning on page 15 line 8 after ";" thru line 26 to ";" and insert
"; any increases in fees shall be approved by the General Assembly;".
The following amendment was read:
Representatives Cummings of the 27th, Childers of the 13th and Lewis of the 14th move to amend the Committee substitute to HB 1423 by striking on line 31 of page 1 the words "and adjacent counties". B"aynds"t.riking on line 24 of page 3 the word "tatd" and inserting in lieu thereof the word
By striking line 36 of page 3 and inserting in lieu thereof the following: "control requirements to offset increased emissions."
By striking lines 37 through 44 of page 3 and 1 through 6 of page 4. By striking lines 23 and 24 of page 5 and inserting in lieu thereof the following:

1482

JOURNAL OF THE HOUSE

"of a county, or area located within a nonattainment area." By striking lines 11 through 16 of page 9 and inserting in lieu thereof the following:

"article." By striking lines 18 through 31 of page 12 and inserting in lieu thereof the following:

"(2) Reserved;

(3) Reserved;".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B N Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

N Davis, T N Day
Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Manner N Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree Henson N Holland N Holmes N Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey Y McBee N McCall N McClinton N McKinney
Millar Y Mills N Mobley N Morris N Mosley Y Mueller E OTSIeal N Orrock N Parham N Parrish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves Y Reece N Reed
Reese N Reichert Y Rice Y Richardson
Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott
Shanahan N Shaw Y Shipp N Sholar Y Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P E Smith, T Y Smith, V N Smyre Y Snelling Y Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor N Teague N Teper
Tillman Y Tolbert Y Trense N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J E Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 73, nays 80. The amendment was lost.
The following amendment was read:

FRIDAY, FEBRUARY 25, 2000

1483

Representatives Irvin of the 45th and West of the 101st move to amend the Committee substitute to HB 1423 by striking lines 24 and 25 of page 16 and inserting in lieu thereof the following:
"this Code section;
(19) Thoroughly evaluate remote sensing technology, both for its effectiveness and practicability in the identification of vehicles with emissions substantially higher than the maximum allowable levels and those with emissions which are substantially lower than the maximum allowable levels and report the results of such evaluation to the House Committee on Natural Resources and the Environment and the Senate Natural Resources Committee during the first week of the regular 2002 legislative session;
(20) If the evaluation of remote sensing technology performed as required in paragraph (19) of this subsection substantiate the effectiveness and practicability of the use of such technology in the identification of vehicles with emissions substantially higher than the maximum allowable levels and those with emissions which are substantially lower than the maximum allowable levels at a lower testing cost per vehicle than the testing program in place on January 1, 2002, implement a remote sensing program in nonattainment areas not later than January 1, 2003; and
(21) Prepare an annual report to the General Assembly".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien E Anderson N Ashe N Bailey Y Bannister E Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn E 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 Y Davis, M

N Davis, T Y Day N Dean E DeLoach, B Y DeLoach, G E Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans
Everett Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston Howard Y Hudgens E Hudson, H Hudson, N

N Hugley Y Irvin E Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney
Millar Y Mills N Mobley N Morris N Mosley Y Mueller E O'Neal N Orrock N Parham N Parrish Y Parsons

E Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell Y Hagas N Randall N Ray N Reaves
N Reed Y Reese N Reichert Y Rice Y Richardson
Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott
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.H N Smith, P E Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires Y Stallings Y Stancil
Stanley, P N Stanley-Turner E Stephens Y Stokes N Stuckey N Taylar N Teague N leper
Tillman Y Tolbert Y Trense N 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 E Williams, R N Wix Y Yates
Murphy, Spkr

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On the adoption of the amendment, the ayes were 69, nays 86. 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 E 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 Y Buckner Y Bulloch N Bunn E Burkhalter Y Byrd N Callaway Y Campbell N Cash Y Channell N Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell N Cooper N Cox Y Crawford N Cummings N Davis, M

Y Davis, T N Day Y Dean E DeLoach, B Y DeLoach, G
E Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans
Everett Felton Y Floyd N Franklin Y Golick N Graves Y Greene N Grindley N Hammontree Y Banner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Howard Hudgens E Hudson, H Hudson, N

Y Hugley N Irvin E Jackson, B Y Jackson, L Y James
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
McCHnton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley N Mueller E O'Neal Y Orrock Y Parham Y Parrish Y Parsons

E Pelote N Pinholster YPoag
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
Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid N Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P E Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil
Stanley, P Y Stanley-Turner E Stephens N Stokes Y Stuckey Y Taylor Y Teague Y Teper
Tillman N Tolbert N Trense Y Turnquest N Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson N West N Westmoreland Y Whitaker N Wiles N Williams, J E Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, the remainder of the Rules Calendar was postponed until Monday, February 28, 2000.

FRIDAY, FEBRUARY 25, 2000

1485

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 959. By Representatives Channell of the lllth, Smyre of the 136th, Murphy of the 18th, Walker of the 141st and Coleman of the 142nd: A resolution congratulating the Putnam County High School Future Farmers of America dairy judging team and inviting them to appear before the House of Representatives.
HR 982. By Representatives Stuckey of the 67th, Stokes of the 92nd, Teper of the 61st and McBee of the 88th: A resolution commending Danielle Sered on being named a Rhodes Scholar and inviting her to appear before the House of Representatives.
HR 1085. By Representatives Walker of the 141st, Buck of the 135th, Coleman of the 142nd, Skipper of the 137th, Smyre of the 136th and others: A resolution recognizing March 10, 2000, as "World War II Veterans Day"; honoring all veterans who served this country in the armed forces in World War II; inviting World War II Veterans to be present in the House.
HR 1089. By Representatives Mueller of the 152nd, Day of the 153rd, Pelote of the 149th, Stephens of the 150th and Bordeaux of the 151st: A resolution recognizing and honoring the Chairman, the Grand Marshal, and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives.
Pursuant to SR 562, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 28, 2000.

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Representative Hall, Atlanta, Georgia Monday, February 28, 2000

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 Bordeaux Borders Bridges Brooks Brown Buck Bulloch Bunn Burkhalter Byrd Callaway Campbell E Cash Channell Childers Clark Coleman, B Connell Cooper

Cox Crawford Cummings Davis, T Dean DeLoach, B Dixon Dodson Ehrhart Epps Everett Felton Floyd Franklin Golick Greene Grindley Harbin Heard Heckstall Hegstrom Hembree Henson Holland Houston Howard Hudgens

Hudson, H Hudson, N Hugley Jackson, B Jackson, L James Jamieson Jenkins Jennings Joyce Kaye Lewis Lord Lucas Maddox Manning Martin, J McBee McClinton McKinney Millar Mills Morris Mosley Mueller O'Neal

Parham Parrish Parsons Pelote Pinholster Porter Purcell Reaves Reese Reichert Richardson Rogers Royal Sanders Sauder Scheid Shanahan Sholar Sims Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, L.R Smith, T

Smyre Snelling Snow Stallings Stancil E Stanley-Turner Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert E Trense Twiggs Unterman Walker, L 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 Mobley of the 69th, DeLoach of the 119th, Buckner of the 95th, Ragas of the 64th, Davis of the 60th, Reece of the llth, Smith of the 102nd, Scarlett of the 174th, Dukes of the 161st, Lane of the 146th, Turnquest of the 73rd, Mann of the 5th, Smith of the 91st, Anderson of the 116th, Coan of the 82nd, Massey of the 86th, Graves of the 125th, Evans of the 28th, Jones of the 71st, Roberts of the 162nd, Irvin of the 45th, Day of the 153rd, Poag of the 6th, Reed of the 52nd, Hanner of the 159th, Walker of the 87th, Powell of the 23rd, McCall of the 90th, Coleman of the 142nd, Williams of the 83rd, Shaw of the 176th, Rice of the 79th, Scott of the 165th, Watson of the 70th, Randall of the 127th, Hammontree of the 4th, Smith of the 12th, Ponder of the 160th, Alien of the 117th and Stanley of the 49th.
They wish to be recorded as present.
Prayer was offered by the Reverend Ellis I. Washington, M. Div., Pastor, St. John A.M.E. Church, Columbus, Georgia.

MONDAY, FEBRUARY 28, 2000

1487

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 1614. By Representatives Sauder of the 29th, Manning of the 32nd, Parsons of the 40th, Shipp of the 38th, 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 deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1615. By Representatives Teper of the 61st, McKinney of the 51st, Royal of the 164th, Benefield of the 96th, Ashe of the 46th and others: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide for an additional ex officio member of the Board of Directors of the Authority; to provide that the rate of the retail sales and use tax for the Authority shall be 1 percent until and including June 30, 2062, and thereafter shall be reduced to one-half of 1 percent.
Referred to the Committee on State Planning & Community Affairs.
HB 1616. By Representative Sims of the 167th: A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to

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change the provisions relating to the boards of directors of cooperative marketing associations.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1617. By Representative Holland of the 157th:
A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to the designation of counties as less developed areas and tax credits for certain business enterprises, so as to provide for job tax credits without regard to salaries.

To: Clerk of the House
Please be notified at the proper time I will ask the House to engross LC 21 5937 (HB 1617).
Respectfully submitted, Holland 157th
Referred to the Committee on Ways & Means.
HR 1149. By Representatives Benefield of the 96th, Royal of the 164th, Channell of the lllth, Birdsong of the 123rd, Ray of the 128th and others: A resolution recognizing and expressing appreciation to Steven L. Parks.
Referred to the Committee on Transportation.
HR 1150. By Representatives Byrd of the 170th, Birdsong of the 123rd, Benefield of the 96th, Mosley of the 171st and Murphy of the 18th: A resolution designating the Fred Moody Highway.
Referred to the Committee on Transportation.
HR 1151. By Representatives Byrd of the 170th, Birdsong of the 123rd, Benefield of the 96th, Mosley of the 171st and Murphy of the 18th: A resolution designating the Paul Byrd Highway.
Referred to the Committee on Transportation.
HR 1152. By Representatives Smith of the 103rd, Coleman of the 142nd, Westmoreland of the 104th, Yates of the 106th, Stancil of the 16th and others: A resolution urging the federal government to lift certain highway sanctions until such time as it has done its part to reduce pollution from commercial aircraft and locomotives.
Referred to the Committee on Transportation.

By unanimous consent, the following Bills of the House and Senate were read the second time:

MONDAY, FEBRUARY 28, 2000

1489

HB 1602 HB 1603 HB 1604 HB 1605 HB 1606 HB 1607 HB 1608

HB 1609
HB 1610 HB 1611 HB 1612 HB 1613 SB 342

Pursuant to Rule 52, Representative Bordeaux of the 151st moved that the following Bill of the House be engrossed:
HB 1605. By Representative Bordeaux of the 151st: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales by certain nonprofit associations.
The motion prevailed.

Pursuant to Rule 52, Representative Jennings of the 63rd moved that the following Bill of the House be engrossed:
HB 1607. By Representatives Jennings of the 63rd and Bulloch of the 180th:
A bill to amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to instruction permits and graduated licensing and related restrictions, so as to provide that with respect to any resident of this state who has a Class M driver's license with a restriction applicable to either a two-wheel or three-wheel motorcycle and who makes application for a motorcycle instruction permit and successfully passes all parts of the examination other than the driving test applicable to the type of motorcycle for which such person's Class M license evidences a restriction, the department shall issue to such person an instruction permit with limitations.
The motion prevailed.

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1600 Do Pass SB 386 Do Pass
Respectfully submitted, Is/ Royal of the 164th
Chairman

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The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 28, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enumerated below:
HB 679 Trucks; certain insurance coverage; amend provisions HB 784 Health Access Improvement Act; enact HB 887 Firefighter's Pension; membership; definition; repeal cert provision HB 1097 Stalking; prohibit certain communications HB 1180 Driving on left side of roadway; further limitations HB 1306 HOPE scholarships; redefine eligible high school HB 1311 Emergency mgmt; cert search and rescue dog teams; licensing HB 1358 State publications; copies to UGA Libraries; electronic form HB 1439 Annexation; comprehensive revision of provisions
HR 932 Nat Forensic Sciences Improvement Act; urge Congress enact HR 979 State government; motor vehicles; urge certain purchase HR 1032 Stone Mt; urge memorial assoc retain park as recreation area
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 1600. By Representative Reece of the llth: A bill to create a board of elections and registration for Chattooga County and provide for its powers and duties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
SB 386. By Senator Jackson of the 50th: A bill to amend an Act creating a new charter for the City of Dahlonega, as amended, so as to change the provisions relating to terms of office of the mayor and councilmembers; to change the provisions relating to elections; to provide for elections by plurality vote; to correct certain citations.

MONDAY, FEBRUARY 28, 2000

1491

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 381. By Senators Hill of the 4th, Blitch of the 7th, Madden of the 47th and Ragan of the llth:
A bill to amend Code Section 31-7-94.1 of the Official Code of Georgia Annotated, the "Rural Hospital Authorities Assistance Act," so as to change the purposes for which grants may be made to certain rural hospitals.
SB 412. By Senators Tanksley of the 32nd and Thompson of the 33rd:
A bill to amend Chapters 13 and 18 of Title 15 of the Official Code of Georgia Annotated, relating respectively to officers of court and prosecuting attorneys, so as to authorize prosecuting attorneys to assess certain costs and fees; to authorize prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs; to provide for the purpose of such programs and the selection of offenders for such programs; to provide for restitution.
SB 453. By Senator Smith of the 25th:
A bill to provide a homestead exemption from Morgan County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
SB 455. By Senator Smith of the 25th:
A bill to provide a homestead exemption from Morgan County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

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SB 381. By Senators Hill of the 4th, Blitch of the 7th, Madden of the 47th and others: A bill to amend Code Section 31-7-94.1 of the Official Code of Georgia Annotated, the "Rural Hospital Authorities Assistance Act," so as to change the purposes for which grants may be made to certain rural hospitals.
Referred to the Committee on Health & Ecology.
SB 412. By Senators Tanksley of the 32nd and Thompson of the 33rd: A bill to amend Chapters 13 and 18 of Title 15 of the Official Code of Georgia Annotated, relating respectively to officers of court and prosecuting attorneys, so as to authorize prosecuting attorneys to assess certain costs and fees; to authorize prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs; to provide for the purpose of such programs and the selection of offenders for such programs; to provide for restitution.
Referred to the Committee on Judiciary.
SB 453. By Senator Smith of the 25th: A bill to provide a homestead exemption from Morgan County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 455. By Senator Smith of the 25th: A bill to provide a homestead exemption from Morgan County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over after a five-year phase-in period; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.

MONDAY, FEBRUARY 28, 2000

1493

Representative Walker of the 141st moved that the House insist on its position in disagreeing to the Senate substitute to HB 1162 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Coleman of the 142nd, Walker of the 141st and Buck of the 135th.

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 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others: A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.

The President has appointed as a Committee of Conference on the part of the Senate the following:

Senators Starr of the 44th, Walker of the 22nd and Hooks of the 14th.

The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 1435. By Representative Smith of the 91st: A bill to provide that the judge of the Probate Court of Oconee County shall no longer serve as chief magistrate of the Magistrate Court of Oconee County; to provide for the appointment of a new chief magistrate.
HB 1347. By Representative Dukes of the 161st: A bill to amend an Act changing the method of selecting the members of the board of education of Miller County, so as to reapportion the education districts in said county.

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:

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HR 979. By Representatives Benefield of the 96th, Dodson of the 94th and Barnes of the 97th:
A resolution urging the State of Georgia to purchase motor vehicles produced in the state when practical.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Bulloch Y Bunn Y Burkhalter YByrd Y Callaway Y Campbell E Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day 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
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
Manning Y Martin, J
Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y Cmeal Y Orrock
Parham Y Fairish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reaves Y Reece
Reed Y Reese Y Reichert
Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders
Sauder Y Scarlett Y Scheid E 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 Smith, P
Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y StaUings Y Stancil
Stanley, P E Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Tfeylor
Teague Y leper 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, H 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.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Natural Resources and Environment and referred to the Committee on Game, Fish and Parks:

MONDAY, FEBRUARY 28, 2000

1495

SB 393. By Senators Gillis of the 20th, Broun of the 46th and Crotts of the 17th:
A bill to amend Code Section 12-2-6 of the O.C.G.A., relating to the authority of the Department of Natural Resources to arrange for and accept federal aid and cooperation, volunteer services, cooperation with other government entities and civic organizations, and related matters, so as to authorize the commissioner of natural resources to accept volunteer services from individuals for the promotion of boating safety and hunter and boating safety programs; to authorize the Department of Natural Resources to participate with private groups to advertise and promote any activities related to the objectives, powers, duties, and responsibilities of the department that make efficient use of funds appropriated for advertising.

The following Bill of the House was again taken up for the purpose of considering the Senate substitute thereto:
HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th, Jamieson of the 22nd, Porter of the 143rd and others:
A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 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.

The Senate substitute was previously read on Friday, February 25, 2000.

Representative Smith of the 175th moved that the House disagree to the Senate substitute to HB 1187.

The following amendment was read:
Representatives Williams of the 83rd and Brown of the 130th move to amend the Senate substitute to HB 1187 by striking lines 11 and 12 of page 1 and inserting in lieu thereof the following:
"elementary and secondary education, so as to provide". By striking lines 23 through 25 of page 1 and inserting in lieu thereof the following:
"the 'Quality Basic Education Act'; to provide for an". By striking lines 35 through 37 of page 1 and inserting in lieu thereof the following:
"to change the program". By striking lines 2 through 8 of page 4 and inserting in lieu thereof the following:
"boards of education; to repeal provisions relating to comprehensive". By striking lines 12 through 13 of page 4 and inserting in lieu thereof the following:

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"units of administration and schools; to change".
By striking lines 17 and 19 of page 4 and inserting in lieu thereof the following:
"circumstances and provide for state funding thereof; to require".
By striking lines 29 and 30 of page 4 and inserting in lieu thereof the following:
"from financial institutions; to change the policy".
By striking lines 41 and 42 of page 4 and inserting in lieu thereof the following:
"their children's disciplinary problems; to provide for".
By striking lines 18 through 24 of page 5 and inserting in lieu thereof the following:
"to which a HOPE scholarship or HOPE grant may he applied; to".
By striking the word and symbol "staff," from line 30 of page 5.
By striking lines 31 through 33 of page 5 and inserting in lieu thereof the following:
"the Education Coordinating Council; to create the Office of.
By striking lines 35 and 36 of page 5 and inserting in lieu thereof the following:
"duties; to".
By striking line 35 of page 7 through line 10 of page 8 and redesignating Sections 4 through 9 and Sections 3 through 8, respectively.
By striking line 36 of page 22 through line 29 of page 23 and redesignating Sections 11 through 15 as Sections 9 through 13, respectively.
By striking line 37 of page 30 through line 36 of page 31 and redesignating Sections 17 through 28 as Sections 14 through 25, respectively.
By striking lines 32 through 36 of page 46 and inserting in lieu thereof the following:
"expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section.".
By striking line 24 of page 63 through line 43 of page 64 and redesignating Sections 30 through 39 as Sections 26 through 35, respectively.
By striking line 11 of page 82 through line 37 of page 83 and redesignating Sections 41 through 43 as Sections 36 through 38, respectively.
By striking line 29 of page 88 through line 44 of page 89 and redesignating Section 45 as Section 39.
By striking line 35 of page 90 through line 29 of page 95 and redesignating Section 47 as Section 40.

MONDAY, FEBRUARY 28, 2000

1497

By striking line 23 of page 103 through line 2 of page 105 and redesignating Sections 49 through 51 as Sections 41 through 43, respectively.
By striking line 19 of page 108 through line 21 of page 113 and redesignating Sections 53 and 54 as Sections 44 and 45, respectively.
By striking line 31 of page 116 through line 12 of page 117 and redesignating Sections 56 through 61 as Sections 46 through 51, respectively.
By striking line 26 of page 121 through line 25 of page 125 and redesignating Sections 63 through 71 as Sections 52 through 60, respectively.
By striking line 38 of page 130 through line 10 of page 132 and redesignating Sections 73 through 77 as Sections 61 through 65, respectively.
By striking lines 12 through 22 of page 134.
By striking line 11 of page 135 through line 34 of page 136.
By striking lines 12 through 33 of page 137.
By striking lines 8 through 30 of page 138.

Representative Williams of the 83rd moved that the House agree to the Senate substitute, as amended by the House, to HB 1182.

On the motion, 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 N Brooks Y Brown N Buck
Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell E Cash N Channel! N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper Y Cox N Crawford N Cummings Y Davis, M

N Davis, T Y 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 N Franklin N Golick N Graves N Greene Y Grindley N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H 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 N Kaye N Lane N Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J
Martin, J.L Y Massey N McBee
McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley Y Mueller N (Weal 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
Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp
Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P E Stanley-Turner N 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 Y Westmoreland N Whitaker N Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

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On the motion, the ayes were 34, nays 136.
The motion was lost.
The House has disagreed to the Senate substitute to HB 1187.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1153. By Representative Smith of the 91st: A resolution congratulating the Morgan County Mat Dogs on their second state wrestling championship and inviting them to appear before the House.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others: A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 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.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HR 1081. By Representatives Parrish of the 144th, Childers of the 13th, Smith of the 12th and Shanahan of the 10th: A resolution authorizing the conveyance of certain state owned real property located in Emanuel County; authorizing the conveyance of certain state owned property located in Floyd County; authorizing the conveyance of certain state owned real property in Gordon County.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

MONDAY, FEBRUARY 28, 2000

1499

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell E Cash Y Channell Y Childers
Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J
Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTNTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Handall Y Hay Y Reaves Y Reece Y 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 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 E 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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1346. By Representatives Martin of the 47th, Bordeaux of the 151st, Alien of the 117th, Stuckey of the 67th and Teper of the 61st: A bill to enact the "Civil Litigation Improvement Act of 2000"; to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, so as to provide a maximum amount for a supersedeas bond for the punitive damages portion of a civil judgment; to provide for exceptions; to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations.
The following Committee substitute was read: A BILL
To enact the "Civil Litigation Improvement Act of 2000"; to amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, so as to provide a maximum amount for a supersedeas bond for the pu-

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nitive damages portion of a civil judgment; to provide for exceptions; to amend Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of foreign judgment, so as to clarify that a foreign judgment shall be stayed because an appeal is pending or will be taken or the time for filing an appeal has not expired; to provide that a foreign judgment shall be stayed until appeals are concluded or the time for taking an appeal has expired; to provide that this Act's amendment of Code Section 5-646 applies to security for satisfaction of a foreign judgment; to amend Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, so as to change venue provisions relating to corporations; to provide for transfer of certain cases upon motion by a party; to provide for the burden of proof; to provide for findings of the trial court required to transfer a case; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The Act shall be known and may be cited as the "Civil Litigation Improvement Act of 2000."
SECTION 2.
Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to supersedeas in civil cases and supersedeas bonds, is amended by inserting two new subsections at the end of said Code section to read as follows:
"(e) If the appellee in a civil action obtains a judgment including punitive damages and the appellant files a notice of appeal of the judgment in order to obtain review by an appellate court, the supersedeas bond for the punitive damages portion of the judgment shall not exceed $25,000,000.00.
(f) If after notice and hearing the court finds that the appellee has proven by a preponderance of the evidence that a party bringing an appeal, for whom the supersedeas bond requirement has been limited pursuant to subsection (e) of this Code section is purposefully dissipating or secreting its assets, or diverting assets outside the jurisdiction of the United States courts, the limitation contained in subsection (e) of this Code section shall not apply."
SECTION 3.
Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of foreign judgment, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) If the judgment debtor shows the court any ground on which enforcement of a judgment of the court of this state would be stayed, including the ground that an appeal from the foreign judgment is pending or will be taken or that the time for taking such an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period until all available appeals are concluded or the time for taking all appeals has expired and require the same security for satisfaction of the judgment that is required in this state, subject to the provisions of subsections (e) through (g) of Code Section 5-6-46."

MONDAY, FEBRUARY 28, 2000

1501

SECTION 4.

Part 2 of Article 5 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to venue regarding business corporations, is amended by striking in its entirety Code Section 14-2-510, relating to venue, and inserting in lieu thereof the following:
"14-2-510.

(a) Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect as of July 1, 1989, or thereafter.

(b) For the purpoac of determining venue, each Each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and to be subject to venue as follows:

(1) For purposes of In civil proceedings generally, in the county of this state where the corporation maintains its registered office; ia maintained, or if the corporation fails to maintain a registered office, it shall be deemed to reside in the county H* this atato where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained;
(2) For purposes of proceedings In actions based on contracts, in that county i which in this state where the contract sought to be enforced was made or is to be performed, if tt the corporation has an office and transacts business in that county; and may bo sued;

(3) For purposes of procccdinga In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county; aad

(4) Subject to the limitation provided in subsection (d) of this Code section, in actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated; and

(4X5) For purposes of In garnishment proceedings, in the county of this state in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed.

(c) Any residences established by this Code section shall be in addition to, and not in limitation of, any other residence that any domestic or foreign corporation may have by reason of other laws.

(d) To promote the fair and efficient administration of justice and for the convenience of the parties to any civil proceeding that is subject to paragraph (4) of subsection (b) of this Code section with regard to venue, upon motion by a party, a trial court may transfer an action to another court of competent jurisdiction in the State of Georgia. This motion shall be filed no later than 30 days after the filing of the last answer in the case. The burden of proof shall be on the moving party to demonstrate by a preponderance of evidence that the transferee court would be a superior forum in which to try the action. To transfer an action under this subsection, the trial court must find that:
(1) The pending action could have been filed in the transferee court as an initial matter;

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(2) As of the time of the filing of the motion to transfer, the transferee court would have jurisdiction over all claims, cross-claims, counterclaims, and third-party claims in the pending action;
(3) The overall cost and burden of obtaining access to witnesses and other sources of proof would be reduced if the action were tried in the transferee court;
(4) The county to which the action would be transferred has a substantial interest in the adjudication of the matter in controversy; and
(5) The transfer of the action would not otherwise impose undue hardship on any party based on any other factor relevant to the fair, efficient, and convenient administration of justice.
Xe) Whenever this chapter either requires or permits a proceeding to be brought in the county where the registered office of the corporation is maintained, if the proceeding is against a corporation having a principal office as required under a prior general corporation law, the action or proceeding may be brought in the county where the principal office is located."
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Pinholster of the 15th moves to amend the Committee substitute to HB 1346 as follows:
Replace Section 5, page 4, line 30 with the following:
In no case shall a civil lawsuit be heard by a jury until after a mediation hearing has been conducted. The mediation hearing participants shall be designated by a superior court judge.
Section 5 as originally presented in HB 1346 will become Section 6.

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 Y Barnard N Barnes N Benefield N Birdsong
N Bohannon N Bordeaux N Borders Y Bridges N Brooks
Y Brown N Buck N Buckner N Bulloch

N Bunn N Burkhalter N Byrd
Y CaUaway N Campbell N Cash N Channell N Childers Y Clark
Y Coan N Coleman, B N Coleman, T N Connell Y Cooper
N Cox N Crawford N Cummings N Davis, M

N Davis, T N Day N Dean
Y DeLoach, B Y DeLoach, G N Dix N Dixon
Dodson N Dukes
Y Ehrhart N Epps E Evans Y Everett N Felton
N Floyd Y Franklin N Golick N Graves

N Greene E Grindley N Hammontree
N Banner Y Harbin N Harrell N Heard _ N Heckstall N Hegstrom
N Hembree N Henson N Holland N Holmes N Houston
N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin Y Jackson, B
N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones
N Joyce Y Kaye N Lane Y Lewis N Lord
N Lucas N Maddox Y Mann N Manning

N Martin, J E Martin, J.L N Massey N McBee
McCall N McClinton N McKinney N Millar Y Mills N Mobley Y Morris N Mosley Y Mueller N CWeal N Orrock N Parham N Parrish N Parsons

MONDAY, FEBRUARY 28, 2000

Y Pelote Y Pinholster N Poag N Ponder N Porter
Powell N Purcell N Ragas N Randall
Ray N Reaves N Reece N Reed E Reese N Reichert N Rice Y Richardson
Roberts

N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw Y Shipp N Sholar
Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P E Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper

1503
N Tillman N Tolbert E Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmorland 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 40, nays 126.
The amendment was lost.
The following amendments were read and adopted:
Representative Martin of the 47th moves to amend the Committee substitute to HB 1346 (LC 22 3946S) by striking in its entirety line 31 of page 2 and inserting in lieu thereof the following:
"provisions of subsections (e) through (f) of Code Section".
Representatives Martin of the 47th, Smyre of the 136th, Walker of the 141st and Skipper of the 137th move to amend the Committee substitute to HB 1346 (LC 22 3946S) by striking lines 19 through 21 of page 1 and inserting in lieu thereof the following:
"for removal of certain cases; to provide for".
By striking lines 24 through 27 of page 3 and inserting in lieu thereof the following:
"(4) In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated. If venue is based solely on this paragraph, the defendant shall have the right to remove the action to the county in Georgia where the defendant maintains its principal place of business. A notice of removal shall be filed within 45 days of service of the summons. Upon motion by the plaintiff filed within 45 days of the removal, the court to which the case is removed may remand the case to the original court if it finds that removal is improper under the provisions of this paragraph. Upon the defendant's filing of a notice of removal, the 45 day time period for filing such notice shall be tolled until the remand, the entry of an order by the court determining that the removal is valid, or the expiration of the time period for the plaintiff to file a motion challenging the removal, whichever occurs first; and".
By striking lines 36 through 42 of page 3 and lines 1 through 22 of page 4.
By striking line 23 of page 4 and inserting in lieu thereof the following:
"(d) Whenever this chapter either requires or permits a".

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Representatives Smyre of the 136th, Martin of the 47th and Skipper of the 137th move to amend the Committee substitute to HB 1346 (LC 22 3946S) by inserting on line 22 of page 1 immediately following the word and symbol "matters;" the following:
"to provide for an effective date;".
By inserting between line 29 and line 30 of page 4 the following:
"SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By renumbering Section 5 as Section 6.

The Committee substitute, as amended, was adopted.

Pursuant to Rule 134, Representatives Walker of the 141st and Massey of the 86th were excused from voting on HB 1346.

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 Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux N Borders N Bridges Y Brooks N Brown Y Buck Y Buckner N Bulloch N Bunn N Burkhalter N Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell N Cooper N Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T N Day Y Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd N Franklin Y Golick N Graves N Greene E Grindley Y Hammontree Y Hanner N Harbin Y Harrell Y Heard Y 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 N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis N Lord Y Lucas N Maddox N Mann Y Manning Y Martin, J E Martin, J.L
Massey Y McBee N McCall Y McClinton
McKinney N Millar N Mills

Y Mobley N Morris N Mosley N Mueller Y OTSTeal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Pinholster Y Poag N Ponder Y Porter N Powell N Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed E Reese Y Reichert Y Rice N Richardson N Roberts N Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid

N Scott Y Shanahan N Shaw Y Shipp N Sholar
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 Y Smyre N Snelling N Snow Y Squires Y Stallings N Stancil Y Stanley, P E Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman N Tolbert E Trense

Turnquest Y Twiggs Y Unterman

MONDAY, FEBRUARY 28, 2000

Walker, L N Walker, R.L Y Watson

Y West N Westmorland N Whitaker

N Wiles N Williams, J N Williams, R

1505
Y Wix N Yates
Murphy, Spin-

On the passage of the Bill, by substitute, as amended, the ayes were 94,nays 72.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, HB 1346 was ordered immediately transmitted to the Senate.
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 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th, Jamieson of the 22nd, Porter of the 143rd and others: A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 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.
Representative Smith of the 175th moved that the House insist on its position in disagreeing to the Senate substitute to HB 1187 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 Smith of the 175th, Jamieson of the 22nd and Skipper of the 137th.
The Speaker announced the House in recess until 2:00 o'clock this afternoon.

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JOURNAL OF THE HOUSE

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1154. By Representative Skipper of the 137th: A resolution commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and observing the third annual Emergency Medical Services (EMS) Recognition Day.
HR 1155. By Representatives Walker of the 141st, Smyre of the 136th, James of the 140th, Floyd of the 138th and Ray of the 128th: A resolution commending Hervia M. Ingram.
HR 1156. By Representative Purcell of the 147th: A resolution recognizing and commending the Georgia Salzburger Society.
HR 1157. By Representatives Dukes of the 161st, Roberts of the 162nd and Everett of the 163rd: A resolution commending the employees of the Miller Brewing Company.
HR 1158. By Representatives Benefield of the 96th, Powell of the 23rd, Royal of the 164th, Channell of the lllth, Birdsong of the 123rd and others: A resolution recognizing and expressing appreciation to Steven L. Parks.
HR 1159. By Representatives Franklin of the 39th, Kaye of the 37th, Cooper of the 31st, Parsons of the 40th, Golick of the 30th and others: A resolution commending Guerry Baldwin and the East Cobb Baseball Association.
*
HR 1160. By Representative Murphy of the 18th: A resolution recognizing and commending Jackson Griffin Moore.
HR 1161. By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th: A resolution commending the administration, faculty, and staff of Lakeside High School in Columbia County.
HR 1162. By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th: A resolution commending the Lakeside Middle School Academic Bowl Team of Columbia County.

MONDAY, FEBRUARY 28, 2000

1507

HR 1163. By Representative Tillman of the 173rd:
A resolution commending Interstate Paper, LLC; Newport Timber, LLC; and Evergreen Forest Products of Georgia, LLC.

HR 1164. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution recognizing and commending Honorable David Strickland.

HR 1165. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution recognizing and commending Honorable Ross Kelly.

HR 1166. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution recognizing and commending Honorable David Harn.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe Bailey Y Bannister Y Barnard Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Brooks Y Brown Y Buck Buckner Y Bulloch Y Bunn Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Clark Y Coan Y Coleman, B Coleman, T Y Connell Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B
DeLoach, G Y Dix
Dixon Dodson Y Dukes Y Ehrhart Epps E Evans Y Everett Y Felton Floyd Y Franklin Y Golick Y Graves Y Greene E Grindley Y Hammontree Hanner Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Holmes Houston Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Jackson, L James Jamieson Jenkins
Y Jennings Jones
Y Joyce Kaye Lane
Y Lewis Lord
Y Lucas Maddox
Y Mann Y Manning
Martin, J E Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar
Mills Mobley Morris Y Mosley Y Mueller Y O'Neal Orrock Parham Y Parrish Y Parsons

Pelote Y Pinholster
Poag Y Ponder
Porter Y Powell Y Purcell
Y Randall Ray Reaves
E Reece Y Reed E Reese
Reichert Y Rice Y Richardson
Roberts Rogers Royal Y Sanders Y Sauder Scarlett Y Scheid Y Scott Shanahan Y Shaw Shipp Y Sholar Sims Sinkfield Y Skipper Y Smith, B Y Smith, C Smith, C.W Y Smith, L

Y Smith, L.R E Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil
Stanley, P E Stanley-Turner Y Stephens Y Stokes
Stuckey Y Taylor
Teague Y Teper
Tillman Y Tolbert E Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L
Watson Y West
Westmoreland Whitaker Y Wiles Williams, J Williams, R Y Wix Yates Murphy, Spkr

On the adoption of the Resolutions, the ayes were 101, nays 0. The Resolutions were adopted.

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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 1032. By Representatives Henson of the 65th, Ragas of the 64th, Dix of the 76th, Murphy of the 18th, Jones of the 71st and others:
A resolution urging the Stone Mountain Memorial Association to retain Stone Mountain Park as a natural recreation area.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Brooks Y Brown Y Buck Buckner Bulloch Y Bunn Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Y Connell Y Cooper Y Cox Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B
DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Eppa E Evans Y Everett
Y Pelton Y Floyd Y Franklin Y Golick Y Graves Y Greene E Grindley Y Hammontree
Hanner Harbin Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Holmes Y Houston Howard Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Jamieson Y Jenkins Y Jennings Jones Y Joyce Kaye Y Lane Y Lewis Lord Y Lucas Maddox Y Mann Y Manning Martin, J E Martin, J.L Y Massey Y McBee McCall Y McClinton McKinney Y Millar Mills Mobley Morris Y Mosley Y Mueller Y (XNeal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Y Ponder Y Porter Powell Y Purcell
Y Randall Ray Reaves
E Reece Y Reed E Reese Y Reichert Y Rice
Richardson Roberts Rogers Y Royal Y Sanders Y Sauder 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 E Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil
Stanley, P E Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Tavlor
Teague Y Teper
Tillman Y Tolbert E Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, H.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles
Williams, J Williams, R Y Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 118, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Ragas of the 64th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 28, 2000

1509

HB 1358. By Representatives McBee of the 88th, Buck of the 135th, Porter of the 143rd, Hudgens of the 24th and Heard of the 89th:
A bill to amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Technical and Adult Education and the director of University of Georgia Libraries and reports of state publications, so as to provide that any person or agency required to submit to the director of the University of Georgia Libraries copies of documents shall also submit such documents in electronic form if such is available.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Brooks Y Brown Y Buck Y Buckner Bulloch Y Bonn 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 YDay
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 E Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Holland Holmes Y Houston Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James
Jamieson E Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J E Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar
Mills Mobley Y Morris Y Mosley Y Mueller Y OTCeal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Y Pinholster
Poag Y Ponder Y Porter
Powell Y Purcell Y Kagas Y Randall
Ray Y Reaves E Reece Y Reed E Reese Y Reichert Y Rice Y Richardson
Roberts 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 Smith, C.W Y Smith, L

Y Smith, L.R E Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil
Stanley, P E Stanley-Turner Y Stephens Y Stokes Y Stuckey Y laylor
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
Williams, J Williams, R Y Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 134, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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

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JOURNAL OF THE HOUSE

telephone, by broadcast, by computer, by computer network, or by any other electronic device.

The following Committee substitute was read and adopted:

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 change the definition of the crime of stalking; 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; to provide that the place of certain communications is the place where the communication is received; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-5-90 of the Official Code of Georgia Annotated, relating to stalking, is amended by striking subsection (a) and inserting in its place the following:
"(a)01) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms 'computer* and 'computer network' shall have the same meanings as set out in Code Section 16-9-92; the term 'contact' shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term 'place or places' shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term 'harassing and intimidating" means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.
(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person's consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others."

MONDAY, FEBRUARY 28, 2000

1511

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y ChUders 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 E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene E Grindley Y Hammontree Y Hanner
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
Jackson, L Y James
Jamieson E Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J E Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Mfflar
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 Y Randall
Y Ray Y Reaves E Reece Y Reed E 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
Skipper Y Smith, B Y Smith, C
Smith, C.W Y Smith, L

Y Smith, L.R E Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires
Stallings Y Stancil
Stanley, P E Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tblbert 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
Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 679. By Representatives McBee of the 88th, Floyd of the 138th and Powell of the 23rd: A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies, so as to change certain provisions relating to uninsured motorist coverage; to amend Code Section 40-9-37 of the Official Code of Georgia Annotated, relating to requirements for liability insurance policies, so as to provide for liability requirements as to certain vehicles.

1512

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:
A BILL
To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to provide for certain minimum liability coverage requirements; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to duration of suspension and when judgments deemed satisfied; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, is amended by striking paragraph (1) of subsection (a) and paragraph (2) of subsection (d) and inserting in lieu thereof the following:
"(a)(l) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured all sums which fee said insured shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be:
(A) Not less than $15,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $30,000.00 because of bodily injury to or death of two or more persons in any one accident, and $10,000.00 because of injury to or destruction of property of the insured; and, in the case where the vehicle operated by the liable party is a truck or truck tractor having more than six wheels, not less than $250,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $500,000.00 because of bodily injury to or death of two or more persons in any one accident, and $100,000.00 because of injury to or destruction of property;
(B) Not greater than the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which is contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured."
"(2) A motor vehicle shall not be deemed to be an uninsured motor vehicle within the meaning of this Code section when the owner or operator of such motor vehicle has deposited security, pursuant to Code Section 40-9-32, in the amount of $16,000.00 where only one person was injured or killed, $30,000.00 where more than one, or $10,000.00 for property damage amounts specified in subparagraph (a)(l)(A) of this Code section."

MONDAY, FEBRUARY 28, 2000

1513

SECTION 2.
Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, is amended by striking paragraph (5) of Code Section 40-9-2, relating to definitions, and inserting in lieu thereof the following:
"(5) 'Proof of financial responsibility' means the greater of:
(A) Proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proofT in the amounts specified in subparagraph (a)(l)(A) of Code Section 33-7-11 amount of $16,000.00 bceauac of bodily injury to or death of one person in any one accident, and aubjcct to aoid limit for one pcraon, in the amount of $30,000.00 because of bodily injury to or death of two or more pcraona in any one accident, and in the amount of $10,000.00 because of injury to or dcatruction of property of othoro in any one ac
j or
(B) In the case of any person applying for or operating under a probationary driver's license issued pursuant to Code Section 40-5-58, proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof, in the amount of $25,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $25,000.00 because of injury to or destruction of property of others in any one accident."
SECTION 3.
Said chapter is further amended by striking subsection (a) of Code Section 40-9-37, relating to requirements for liability insurance policies, and inserting in lieu thereof the following:
"(a) No liability insurance policy shall be effective under Code Section 40-9-34 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this Code section, and unless such policy or bond is subject? if the accident has resulted in bodily injury or death, to a limit to limits, exclusive of interest and costs, of not less than $16,000.00 because of bodily injury or death of one person in any one accident and, aubjcct to auoh limit for one pcroon, to a limit of not leas than $30,000.00 because of bodily injury or death to two or more persona in any one accident and, if the accident haa rcaultcd in injury to or destruction of property, to a limit of not lesa than $10,000.00 because of injury to or dcatruction of property of others in any one accident the amounts specified in subparagraph (a)(l)(A) of Code Section 33-7-11."
SECTION 4.
Said chapter is further amended by striking subsection (b) of Code Section 40-9-62, relating to duration of suspension and when judgments deemed satisfied, and inserting in lieu thereof the following:
"(b) Judgment referred to in this article shall, for the purpose of this chapter only, be deemed satisfied:

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JOURNAL OF THE HOUSE

(1) When $15,000.00 or, in the case of a judgment debtor which is the owner of a truck or truck tractor having more than six wheels, $250,000.00, has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident;
(2) When, subject to such limit of $15,000.00 or $250,000.00, as applicable, because of bodily injury to or death of one person, $30,000.00 or, in the case of a judgment debtor which is the owner of a truck or truck tractor having more than six wheels, $1>00,000.00, has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
(3) When $10,000.00 or, in the case of a judgment debtor which is the owner of a truck or truck tractor having more than six wheels, $100,000.00, has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident."

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 Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G 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 E Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James Y Jamieson E Jenkins Y Jennings
Jones N Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann
Manning Y Martin, J E 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 CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves E Reece Y Reed E 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 Sinkiield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R E Smith, P
Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P E 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

MONDAY, FEBRUARY 28, 2000

1515

On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1180. By Representative Parham of the 122nd: A bill to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
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 E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene E Grindley Y Hammontree Y Banner Y Harbin Y Barrel! Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kayo Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J E 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 YPoag Y Ponder Y Porter
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves E Reece Y Reed E 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 E Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley, P E 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, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

HB 122. By Representatives Rogers of the 20th, Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-5-35 of the Official Code of Georgia Annotated, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, so as to change certain provisions relating to regulations of the Board of Public Safety governing disqualifications for certain disorders and disabilities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Andersen Y Ashe Y Bailey Y Rannister 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 Cornell Y Cooper Y 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 Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene E Grindley Y Hammontree Y Banner Y Harbin Y Harrell Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley 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 Y Maddox Y Mann Y Manning Y Martin, J E 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
Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves E Reece Y Reed E 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 SinkHeld Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R E Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P E Stanley-Turner Y Stephens Y Stokes Y Stuckey Y TViylor 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, the ayes were 159, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
Representative Shanahan of the 10th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

MONDAY, FEBRUARY 28, 2000

1517

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.

The following Committee substitute was read and adopted: 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; to provide conditions for such increase; to provide that any such increase shall be uniform; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 47-6-80 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, is amended by inserting at the end thereof the following:
"(f) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the retirement allowance provided in subsection (d) of this Code section for persons theretofore or thereafter retiring under this article. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees;
(2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and
(3) Such other factors as the board deems relevant; provided, however, that any such increase shall be uniform and shall apply equally to all members of this retirement system."
SECTION 2.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

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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.
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 N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Y Buck N Buckner Y Bulloch N 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 N Cooper Y Cox N Crawford Y Cummings N Davis, M

Y Davis, T Y Day Y Dean N DeLoach, B Y DeLoach, G N Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene E Grindley N Hammontree Y Hanner
Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J E 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 Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves E Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L

N Smith, L.R E Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P E Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert E Trense Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West N Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 127, nays 43.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1439. By Representatives Royal of the 164th, Jamieson of the 22nd, Walker of the 141st, Shanahan of the 10th, Smith of the 12th and others: A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for comprehensive regulation of maps, surveys, and reports with respect to annexed areas; to provide for procedures; to change certain provisions regarding prohibitions with respect to the creation of unincorporated islands; to change certain provisions regarding notice of proposed annexations.
The following Committee substitute was read:

MONDAY, FEBRUARY 28, 2000

1519

A BILL

To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to provide for comprehensive regulation of maps, surveys, and reports with respect to annexed areas; to provide for procedures; to change certain provisions regarding prohibitions with respect to the creation of unincorporated islands; to change certain provisions regarding notice of proposed annexations; to repeal certain restrictions regarding annexation of unincorporated islands; to change the definition of contiguous area with respect to the 100 percent method of annexation; to repeal the limitation regarding utilization of the 100 percent method of annexation in any municipality within any county of this state having a population of 100,000 or more according to the United States decennial census of 1990 or any future such census; to change certain provisions regarding deannexation; to provide for procedures and limitations regarding annexation across county lines under the 100 percent method of annexation; to change certain provisions regarding identification of annexed property and territory; to change certain definitions regarding annexation of unincorporated islands; to change certain provisions regarding annexation of unincorporated islands; to authorize annexation of all or any portion of unincorporated islands; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, is amended by striking Code Section 36-36-3, relating.to maps and surveys, and inserting in its place a new Code Section 36-36-3 to read as follows:
"36-36-3.

(a) Within 30 days after the effective date by local Act annexing property into a municipality or within 30 days after the effective date of an annexation by ordinance, the governing authority of the municipality annexing land ahall identify the annexed area by providing a map and complete aurvcy by a competent aurvcyor of the area annexed to the Secretary of State and to the governing authority of the county in which the annexed property ia located.
(b) For an annexation pursuant to Article 6 of this chapter, the municipal governing authority may provide, in lieu of the map and complete survey required by aubacetion (a) of this Code section, a copy of the page or pagca from the plat book which identifies the property being annexed or a copy of the tax map or maps in which the property being annexed ia located.
(c) The map and survey of each annexed area required to be provided to the Secretary of State ahal! be transmitted to the director of the Elcctiona Division of the Secretory

(a) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing property shall file a report identifying any property annexed with the Department of Community Affairs and with the county governing authority of the county in which the property being annexed is located. Such reports shall be filed, at a minimum, not more than 30 days following the last day of the quarter in which the annexation becomes effective but may be filed more frequently. Each report shall include the following:

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(1) The legal authority under which the annexation was accomplished, which shall be the ordinance or resolution number for any annexation effected pursuant to Article 2, 3, 4, or 6 of this chapter or the Act number if effected by local Act of the General Assembly; and
(2) A map and a complete survey by a registered surveyor, containing no fewer than four surveyed map registration points and recorded with the Georgia Coordinate System of 1985, showing the boundaries of the area being annexed and the existing boundaries of the annexing municipality between the points at which these boundaries close, if applicable. The accuracy of the surveyed map shall meet the requirements set forth in the Rules and Regulations of the State of Georgia, Section 180-701 Technical Standards for Property Surveys. The map demarcation of the map registration points should be well distributed along, within, or near the boundary of the annexed area. This map and survey must also meet the requirements set forth in Code Section 15-6-67 for filing maps or plats relating to real estate with the clerk of superior court.
(b) The submission of a report required under subsection (a) of this Code section shall be made in writing and may also be made in electronic format, at the discretion of the submitting municipality.
(c)(l) The Department of Community Affairs shall notify the clerk of the annexing municipality within 30 days after receipt of a report submitted under subsection (a) of this Code section if it determines the submission to be incomplete. The annexing municipality shall file a corrected report with the department and the county governing authority where the annexed property is located within 45 days from the date of the notice of any deficiency.
(2) No annexed area shall be added to the state map until such report has been properly submitted to the Department of Community Affairs.
(3) Compliance with the requirements of this Code section shall be construed to be merely ancillary to and not an integral part of the annexation procedure such that an annexation shall, if otherwise authorized by law, become effective even though required filings under this Code section are temporarily delayed or omitted.
(d) The Department of Community Affairs shall, upon request, provide technical assistance to any municipality with respect to the requirements of subsection (a) of this Code section.
(e) The Department of Community Affairs shall maintain the annexation reports submitted to it pursuant to this Code section for two years. Annexation reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title 50 while maintained in the possession of the Department of Community Affairs. Two years after receipt of an annexation report from a municipality, the Department of Community Affairs shall transfer possession of such report to the Department of Archives and History for permanent retention.
(f) The clerk, city attorney, or other person designated by the governing authority of any municipality annexing property shall also file a copy of the transmittal letter to the United States Department of Justice seeking preclearance, without the attachments to such letter, with the Department of Community Affairs and with the governing authority of the county in which the property being annexed is located. This subsection shall apply so long as a filing with the United States Department of Justice is required."

MONDAY, FEBRUARY 28, 2000

1521

SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 36-36-4, relating to prohibitions regarding the creation of unincorporated islands, and inserting in its place a new subsection (a) to read as follows:
"(a) Except aa provided in Code Section 36-36-6, the The creation of unincorporated islands as described in paragraph (1), (2), or (3) of this subsection shall be prohibited:
(1) Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting the annexing municipality;
(2) Annexation or deannexation which would result in the creation of an unincorporated area with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
(3) Annexation or deannexation which would result in the creation of an unincorporated area to which the county would have no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county."
SECTION 3.
Said chapter is further amended by striking Code Section 36-36-5, relating to restrictions regarding annexation of unincorporated islands, and inserting in its place a new Code Section 36-36-5 to read as follows:
"36-36-5.

Annexation of an unincorporated island comprised of more than 60 acrca ahall be an ncxcd only through use of the annexation method provided by Article 3 of this chap ter; provided, however, any land of leas than 60 acres in size located within such an unincorporated island may be annexed through the use of the annexation mcthoda contained in Article 2, 3, or 4 of this chapter or by a local Act of the General Assembly Reserved."
SECTION 4.
Said chapter is further amended by striking Code Section 36-36-6, relating to certain notice of proposed annexations, and inserting in its place a new Code Section 36-36-6 to read as follows:
"36-36-6.

Upon accepting an application for annexation pursuant to subsection (a) of Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an annexation referendum pursuant to Code Section 36-36-57, the governing authority of the annexing municipality shall within five business days give written notice of the proposed annexation to the governing authority of the county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall in accordance with Code Section 28-1-14.1 be provided to the governing authority of the county wherein the proposed annexation is located at the same time the notice of intent required by state law is published."

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SECTION 5.
Said chapter is further amended by striking Code Section 36-36-20, relating to the definition of contiguous area with respect to the 100 percent method of annexation, and inserting in its place a new Code Section 36-36-20 to read as follows
"36-36-20.
(a) As used in this article, the term 'contiguous area' means, at the time the annexation procedures are initiated, any area which, at the time annexation procedures arc initiated, that meets the following conditions:
(1) At least one-eighth of the aggregate external boundary or 50 feet of the area to be annexed, whichever is less, either abuts directly on the municipal boundary or would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width of ft \ *. ~.
V.J.7 UiLJf .
(A) Any street or street right of way, (2) any;
(B) Any creek or river, or (3) any; or
(C) Any right of way of a railroad or other public service corporation
which divides the municipal boundary and any area proposed to be annexed^
(2) The entire parcel or parcels of real property owned by the person seeking annexation is being annexed; provided, however, that lots shall not be subdivided in an effort to evade the requirements of this paragraph; and
(3) The private property annexed, excluding any right of way of a railroad or other public service corporation, complies with the annexing municipality's minimum size requirements, if any, to construct a building or structure occupiable by persons or property under the policies or regulations of the municipal development, zoning, or subdivision ordinances.
(b) Notwithstanding the limitations of subsection (a) of this Code section, an area may be annexed by agreement between the municipal corporation and the governing body of the county in which the territory proposed to be annexed is located.
(c) If, at the time annexation procedures are initiated, the entire area to be annexed is owned by the municipal governing authority to which the area is to be annexed and if the annexation of municipally owned property is approved by resolution of the governing authority of the county wherein the property is located, then the term 'contiguous area' shall mean any area which, at the time annexation procedures are initiated, abuts directly on the municipal boundary or which would directly abut on the municipal boundary if it were not otherwise separated from the municipal boundary by lands owned by the municipal corporation or some other political subdivision, by lands owned by this state, or by the definite width or by the length of (1) any:
(1) Any street or street right of way, (3) any;
(2) Any creek or rivery or (3) any; or
(3) Any right of way of a railroad or other public service corporation

MONDAY, FEBRUARY 28, 2000

1523

which divides the municipal boundary and any area proposed to be annexed."
SECTION 6.
Said chapter is further amended by striking Code Section 36-36-21, relating to the 100 percent method of annexation, and inserting in its place a new Code Section 36-36-21 to read as follows:
"36-36-21.
(?e) Authority is granted to the governing bodies of the several municipal corporations of this state to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be annexed, containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipal corporation, an identification of the property so annexed shall be filed with the Secretary of State Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly. Except as provided in subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to authorize annexation of the length of any public right of way except to the extent that such right of way adjoins private property otherwise annexed by the municipal corporation.
(b) This article ahall not apply to any municipal corporation within n county having a population of 100,000 or more persons according to the United States decennial census of 1060 or any future such ccnaua."
SECTION 7.
Said chapter is further amended by striking Code Section 36-36-22, relating to deannexation, and inserting in its place a new Code Section 36-36-22 to read as follows:
"36-36-22.
Authority is granted to the governing bodies of the several municipal corporations of this state to deannex an area or areas of the existing corporate limits thereof, in accordance with the procedures provided in this article and in Article 1 of this chapter, upon the written and signed applications of all of the owners of all of the land, except the owners of any public street, road, highway, or right of way, proposed to be deannexed, containing a complete description of the lands to be deannexed and the adoption of a resolution by the governing authority of the county in which such property is located consenting to such deannexation. Lands to be deannexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipal corporation when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, deannexed from the municipal corporation, an identification of the property so deannexed shall be filed with the )

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of State Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3. When so deannexed, such lands shall cease to constitute a part of the lands within the corporate limits of the municipal corporation as completely and fully as if the limits had been marked and defined by local Act of the General Assembly."
SECTION 8.
Said chapter is further amended by adding a new Code section immediately following Code Section 36-36-22, to be designated Code Section 36-36-23, to read as follows:
"36-36-23.

(a) Annexation pursuant to this article by a municipal corporation into an adjoining county in which the municipality is not already located shall be accomplished in accordance with this Code section. Within ten business days of receiving an application for annexation, the municipal corporation shall provide written notice to the county governing authority of the adjoining county of its intent to annex into the county. Such notice shall include a map or other description of the land proposed for annexation sufficient for the county to identify the location of the proposed annexation. A meeting between the county governing authority and municipal governing authority shall be held to discuss the proposed annexation if the county governing authority files a written request for such meeting with the municipal governing authority within 15 days of receipt of the notice of the proposed annexation. The requested meeting shall be held within 15 days of the request by the county unless otherwise agreed to by the county and the municipality.
(b) No municipality may annex into an adjoining county in which the municipality is not already located unless otherwise agreed to by the county governing authority of the adjoining county. Such annexation shall be deemed approved, unless the county governing authority adopts a resolution opposing the annexation within 30 days following the earlier of:
(1) The completion of the meeting between the municipal and county governing authorities, if any, pursuant to subsection (a) of this Code section; or
(2) Thirty days after notice of the proposed annexation from the municipal corporation to the county governing authority, if no meeting is requested by the county governing authority.
(c) In making its decision, the county governing authority shall consider the following factors:
(1) Whether the annexation ordinance is reasonable for the long-range economic and overall well-being of the counties, school districts, and municipalities affected by the annexation;
(2) Whether the health, safety, and welfare of property owners and citizens of the county, municipalities, and area proposed to be annexed will be negatively affected by the annexation;
(3) Whether the proposed annexation has any negative fiscal impact on the county, school districts, and other municipalities that have not been mitigated by an agreement; and
(4) The interests of the property owner seeking annexation.

MONDAY, FEBRUARY 28, 2000

1525

(d) If the county governing authority disapproves the annexation, the municipal corporation may challenge the disapproval by filing a complaint in the superior court of the adjoining county into which such annexation has been proposed. The challenge shall be heard by either a judge or senior judge who is not from the circuit in which either the county or the municipality is located. If the court finds by a preponderance of the evidence that the determination by the county based upon the factors enumerated in subsection (c) of this Code section is correct, then the denial by the county shall be sustained. If the denial is not sustained, the annexation may proceed."
SECTION 9.
Said chapter is further amended by striking subsection (a) of Code Section 36-36-38, relating to filing of identification of annexed property with the county and Secretary of State, and inserting in its place a new subsection (a) to read as follows:
"(a) When an application pursuant to Code Section 36-36-32 is acted upon by the municipal authorities and the land, by ordinance, is annexed to the municipal corporation, an identification of the annexed property shall be filed with the Secretary of State Department of Community Affairs and with the county in which the property is located in accordance with Code Section 36-36-3."
SECTION 10.
Said chapter is further amended by striking Code Section 36-36-59, relating to filing of identification of annexed territory with Secretary of State and the county governing authority, and inserting in its place a new Code Section 36-36-59 to read as follows:
"36-36-59.

Whenever the limits of a municipal corporation are enlarged in accordance with this article, it shall be the duty of the mayor clerk, city attorney, or other person designated by the governing authority of the municipal corporation to cause an identification of the annexed territory to be filed with the Secretary of State Department of Community Affairs and with the governing authority of the county in which the property is located in accordance with Code Section 36-36-3."
SECTION 11.
Said chapter is further amended by striking Code Section 36-36-90, relating to annexation of unincorporated islands, and inserting in its place a new Code Section 36-36-90 to read as follows:
"36-36-90.

As used in this article, the term:
(1) 'Contiguous area' means any unincorporated area which, on or after January 1, 1001 1999, had an aggregate external boundary directly abutting a municipal boundary. Any area shall be considered 'contiguous' if the aggregate external boundary would directly abut the municipal boundary if not otherwise separated, in whole or in part, from the municipal boundary by lands owned by the municipal corporation, by lands owned by a county, or by lands owned by this state or by the definite width of:
(A) Any street or street right of way;
(B) Any creek or river; or

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(C) Any right of way of a railroad or other public service corporation.
(2) 'Municipal corporation' means a municipal corporation which has a population of 200 or more persons according to the United States decennial census of 1980 or any future such census.
(3) TJnincorporated island' means:
(A) An unincorporated area in existence on January 1, 1991, and consisting of 60 aerca or leaa with its aggregate external boundaries abutting the annexing municipality;
(B) An unincorporated area in existence as of January 1, 1991, and eonaiating of 60 acrca or less with its aggregate external boundaries abutting any combination of the annexing municipality and one or more other municipalities; or
(C) An unincorporated area in existence as of January 1, 1991, and consisting of 60 acres or loss which the county governing authority has by resolution adopted not later than 90 days following July 1, 1992, that identifies any unincorporated area of the county to which the county has no reasonable means of physical access for the provision of services otherwise provided by the county governing authority solely to the unincorporated area of the county."
SECTION 12.
Said chapter is further amended by striking subsections (a) and (b) of Code Section 3636-92, relating to annexation of unincorporated islands, and inserting in their place new subsections (a) and (b) to read as follows:
"(a) The governing body of each municipal corporation of the state may annex to the existing corporate limits thereof all or any portion of unincorporated islands which are contiguous to the existing limits at the time of such annexation upon compliance with the procedures set forth in this article and in accordance with the procedures provided in Article 1 of this chapter.
(b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Secretary of State Department of Community Affairs and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3."
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:

MONDAY, FEBRUARY 28, 2000

1527

Representatives Stancil of the 16th and Snelling of the 99th move to amend the Committee substitute to HB 1439 by striking from lines 5 through 7 of page 1 the following:
"to change certain provisions regarding prohibitions with respect to the creation of unincorporated islands;".
By striking from lines 8 and 9 of page 1 the following:
"to repeal certain restrictions regarding annexation of unincorporated islands;".
By striking from lines 21 and 22 of page 1 the following:
"to change certain definitions regarding annexation of unincorporated islands;".
By striking from lines 23 and 24 of page 1 the following:
"to authorize annexation of all or any portion of unincorporated islands;".
By striking from line 36 of page 4 through line 9 of page 5 and inserting in its place the following:
"SECTION 3. Reserved".
By striking from line 17 of page 11 through line 4 of page 13 and inserting in its place the following:
"SECTION 11. Reserved
SECTION 12.
Said chapter is further amended by striking subsection (b) of Code Section 36-36-92, relating to annexation of unincorporated islands, and inserting in its place a new subsection (b) to read as follows:
'(b) Annexation of unincorporated islands as authorized in subsection (a) of this Code section shall be accomplished by ordinance at a regular meeting of the municipal governing authority within 30 days after written notice of intent to annex such property is mailed to the owner of such property at the last known address for such owner as it appears on the ad valorem tax records of the county in which such property is located. After the adoption of the annexation ordinance, an identification of the property annexed shall be filed with the Secretary of State Department of Community Affairs and with the governing authority of the county in which the property is located, in accordance with Code Section 36-36-3.'"

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 E Bannister N Barnard N Barnes

N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks

Y Brown N Buck
Buckner Y Bulloch Y Bunn N Burkhalter N Byrd

Y Callaway N Campbell N Cash N Channell N Childers Y Clark Y Coan

Y Coleman, B Coleman, T
N Connell Y Cooper N Cox Y Crawford N Cummings

1528
Y Davis, M N Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix N Dixon
Dodson Dukes Y Ehrhart N Kpps E Evans N Everett Y Felton Floyd Y Franklin Y Golick Y Graves N Greene E Grindley Y Hammontree N Manner Y Harbin Y Harrell N Heard N Heckstall N Hegstrom Y Hembree

JOURNAL OF THE HOUSE

N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin Y Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas
Maddox Y Mann N Manning N Martin, J E Martin, J.L Y Massey

N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris
Mosley Y Mueller N O-Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster YPoag Y Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves E Reece N Reed E Reese

N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder Y Scarlett
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 E 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 N Tolbert E Trense
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, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 56, nays 103.
The amendment was lost.
The following amendment was read:
Representatives Stancil of the 16th and Snelling of the 99th move to amend the Committee substitute to HB 1439 by striking from lines 11 through 16 of page 1 the following:
"to repeal the limitation regarding utilization of the 100 percent method of annexation in any municipality within any county of this state having a population of 100,000 or more according to the United States decennial census of 1990 or any future such census;".
By striking "(a)" and inserting in its place "(a)" on line 20 of page 7.
By striking from lines 9 through 12 of page 8 the following:
"(b) Thia article shall not apply to any municipal corporation within a county having a population of 100,000 or more pcraons according to the United 8tatcs decennial census of 1060 or any future such census."',
and inserting in its place the following:
"(b) This article shall not apply to any municipal corporation within a county having a population of 100,000 or more persons according to the United States decennial census of 1960 or any future such census.'"

MONDAY, FEBRUARY 28, 2000

1529

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 E Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner Y Bulloch Y Bunn
N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Clark Y Coan Y Coleman, B
Coleman, T N Connell Y Cooper N Cox Y Crawford N Cummings Y Davis, M

N Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Dukes Y Ehrhart N Epps E Evans N Everett Y Felton Floyd Y Franklin N Golick N Graves N Greene E Grindley Y Hammontree N Manner N Harbin Y 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 N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J E Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley N Morris
Mosley Y Mueller N CWeal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster Y Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves E Eeece N Reed E Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R E 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 N Tolbert E Trense
Turnquest Y Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland Y Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 54, nays 108. The amendment was lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux

Y Borders N Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway

Y Campbell Y Cash
Y Channell Y Childers Y Clark N Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox

Y Crawford Y Cummings N Davis, M Y Davis, T N Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson

Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd N Franklin Y Golick Y Graves Y Greene

1530
E Grindley Hammontree
Y Hanner Y Harbin Y Kartell 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

JOURNAL OF THE HOUSE

Y Jones N Joyce N Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J E Martin, J.L N Massey Y McBee Y McCall Y McClinton N McKinney Y Millar N Mills Y Mobley Y Morris
Mosley N Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons
Pelote N Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves E Reece Y Reed E Reese Y Reichert Y Rice N Richardson Y 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 Y Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W Y Smith, L Y Smith, L.H E Smith, P Y Smith, T Y Smith, V
Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P

Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert E Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The Speaker Pro Tern assumed the Chair.
HB 887. By Representatives Hudson of the 156th, Ray of the 128th, Parrish of the 144th, Royal of the 164th, Greene of the 158th and others: A bill to amend Article 1 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Firelighter's Pension Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to change a certain definition; to repeal Code Section 47-7-2, relatng to the purpose of the fund.
The following Committee substitute was read and adopted: A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide for certain forms; to provide for the content of certain forms; to provide that a member reinstated to membership after removal for nonpayment of dues shall be entitled to all prior service; to provide a retirement allowance for persons retired on or before a certain date; to provide that the Board of Trustees of the Georgia Firelighters' Pension Fund shall pay a certain amount to the Georgia Class Nine Fire Department Pension Fund; to provide for certain creditable service in the Georgia Firefighters" Pension Fund; to provide for the payment of a death benefit to the survivors of members of such pension fund; to create the Georgia Class Nine Fire Department Pension Fund; to define certain terms; to provide for the powers and duties of the board of trustees; to provide for administrative expenses; to provide for membership in such fund; to provide for the payment of membership dues; to provide for the transfer to such fund of a certain amount from the Georgia Firefighters' Pension Fund; to provide

MONDAY, FEBRUARY 28, 2000

1531

for required training; to provide for a retirement benefit; to provide for retirement options; to provide for the withdrawal from and reinstatement to the fund; to provide that the stated benefits may be reduced under certain circumstances; to provide conditions for civil actions; to provide penalties for certain offenses; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
SECTION 1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 477-60, relating to dues required of members, and inserting in lieu thereof the following:
(2) Any member who has been removed from membership in the fund under paragraph (1) of this subsection may make application to the board for reinstatement of membership. Upon auch application As a condition of such reinstatement, the applicant must pay to the fund a reinstatement fee of $100.00. Upon such reinstatement, such member shall be entitled to credit for service rendered after reinstatement, to active membership in the fund but not If such member has not withdrawn the dues he or she paid to the fund prior to the suspension, then he or she shall also be entitled to creditable service for service rendered prior to the suspension, ef the member except aa provided in aubacction (c) of thia Code section. Any aueh applicant who foils to satisfy the rcquircincnta of reinstatement shall not be entitled to membership in the fund."
SECTION 2.
Said title is further amended by striking in its entirety subsection (c) of said Code Section 47-7-60 and inserting in lieu thereof the following:
"(c) If In the event a member who has attained the minimum service credits required for a normal retirement benefit under Code Section 47-7-100 is suspended from membership in the fund under this Code section and is not thereafter reinstated, then, provided that such member does not withdraw dues paid to the fund prior to the auapcn oion of the member his or her suspension, upon rcinatatcmcnt of aueh member in accordance with subsection (b) of this Code acction termination of service, such member shall be entitled to credit for acrviec for months for which required dues hod been paid at the time of removal and to credit for service rendered after reinstatement. bt the event aueh member ia removed and is not thereafter reinstated, then, provided that auch member does not withdraw duea paid to the fund prior to the suspension of the member, the a normal retirement benefit payable under Code Section 47-7-100. The normal retirement benefit to which such member may thereafter become entitled upon termination of service shall be calculated on the calculated as of the date of the member's suspension from the fund, using the service credits and age the member had attained on the date of suspension, which shall be deemed to be the youngest age at which early retirement benefits may commence or such greater age as the member has actually attained on that date, and the maximum monthly benefit in effect on such date of suspension to calculate such bcncfita."
SECTION 3.
Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 47-7-61, relating to a tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and a penalty for failure to report and pay such tax, and inserting in lieu thereof the following:

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"(3) Returns shall be made on forms prescribed by the board. Such forms shall require, without limitation, a separate statement of the gross premiums from policies covering property served by public fire suppression facilities of the fire department rated as class nine and those rated not less than class eight under the standards set forth in the Fire Suppression Rating Schedule or a rating which the board determines is its substantial equivalent."

SECTION 4.

Said title is further amended by inserting at the end of Code Section 47-7-61, relating to a tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and a penalty for failure to report and pay such tax, the following:

"(f) Commencing with the fiscal year ending on June 30, 2001, at the end of each fiscal year, the board shall transfer to the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title an amount equal to the tax revenues collected by the board pursuant to this Code section with respect to gross premiums on policies covering property served by public fire suppression facilities which are rated as class nine under the Fire Suppression Rating Schedule or a rating which the board determines is its substantial equivalent."

SECTION 5.

Said title is further amended by inserting at the end of Article 5 of Chapter 7, relating to service creditable toward retirement in the Georgia Firefighters' Pension Fund, the following:
"47-7-86.

(a) Any former member of the Georgia Class Nine Fire Department Pension Fund created by Chapter 7A of this title who becomes a member of this pension fund shall be entitled to receive creditable service for the time he or she was a member of such other pension fund as provided by this Code section. Upon request, the Board of Trustees of the Georgia Class Nine Fire Department Pension Fund shall transfer to the board of trustees of this pension fund the full amount of dues paid by such member while he or she was a member of such other pension fund.

(b) Any member receiving creditable service under this Code section shall receive creditable service in this pension fund equal to the number of years of his or her membership in the Georgia Class Nine Fire Department Pension Fund.

(c) Upon retirement, a member who receives creditable service under this Code section and who is otherwise eligible to receive a retirement benefit under this pension fund shall have a vested right in and to a monthly benefit payable for the member's lifetime equal the sum of:

(1) A pro rata amount of the maximum monthly retirement benefit in effect on the date of such termination of service, which amount shall be determined by the ratio of years of membership in this pension fund to 25 years; and
(2) A pro rata amount of the maximum monthly retirement benefit provided in Chapter 7A of this title in effect on the date of such termination of service, which amount shall be determined by the ratio of years of membership in such pension fund to 25 years."

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SECTION 6.
Said title is further amended by striking in its entirety paragraph (1) of subsection (d) of Code Section 47-7-100, relating to eligibility for a full pension benefit, partial benefit, or optional benefit under such pension fund, and inserting in lieu thereof the following:
"(1) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable during the joint lifetime of both the member and the member's spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the member's benefits. Any member who has completed 20 15 years of creditable service may elect that, in the event of the member's death prior to receiving any retirement benefits under this chapter, the member's spouse shall receive decreased retirement benefits in the amount elected by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the benefits to which the member would have been entitled based upon the member's creditable service as of the time of the member's death. The decreased retirement benefits payable to the spouse of a member who dies prior to receiving any retirement benefits under this chapter shall commence on the date the member would have become 55 years of age and shall not be payable unless, prior to the member's death, the member had elected such benefits in the form and manner prescribed by the board and had filed such election with the board."
SECTION 7.
Said title is further amended by inserting at the end of subsection (g) of Code Section 47-7-100, relating to eligibility for a full pension benefit, partial benefit, or optional benefit under such retirement fund, a new paragraph to read as follows:
"(5) Effective July 1, 2000, the monthly benefit for any member who retired on or before February 25, 1976, under subsection (b) of this Code section shall be no less than $500.00. The monthly benefit of any member retiring on or before such date under a retirement option providing for less than a full service pension, or the beneficiary of any such member, shall be calculated on an amount not less than $500.00."
SECTION 8.
Said title is further amended by inserting at the end of subsection (j) of Code Section 477-102, relating to eligibility for disability benefits under such retirement fund and related matters, a new paragraph to read as follows:
"(3) Effective July 1, 2000, the monthly benefit for any member who retires under this Code section shall be no less than $500.00."
SECTION 9.
Said title is further amended by striking in its entirety Code Section 47-7-103, relating to benefits paid to a named beneficiary upon the death of a member before benefits have commenced or before benefits equal to the member's dues have been paid, and inserting in lieu thereof the following:

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"47-7-103.

(a) In the event of the death of a member of the fund who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the total amount of money paid into the fund by such dcccaacd member $5,000.00, upon making proper application to the secretary-treasurer of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.

(b) In the event of the death of a member of the fund who is in good standing and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to the total duca paid by the member to the fund $5,000.00, the member's named beneficiary shall be entitled to receive the difference between the amount contributed $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section."

SECTION 10.

Said title is further amended by inserting immediately following Chapter 7 a new chapter to read as follows:

47-7A-1.

"CHAPTER 7A ARTICLE 1

As used in this chapter, the term:

(1) 'Board' means the Board of Trustees of the Georgia Firefighters' Pension Fund created by Code Section 47-7A-20.

(2) 'Fire department' means a full-time fire department which satisfies the following criteria:
(A) The fire department is certified by the superintendent of the Georgia Fire Academy as provided in Chapter 3 of Title 25;

(B) The public fire suppression facilities of the fire department are ratable as a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or ratable as a rating which the board by regulation determines is substantially equivalent under rating standards published by a rating organization licensed by the Commissioner of Insurance performing similar rating functions which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner.

(3) 'Firefighter' means a person who is:
(A) A full-time employee of a fire department who in the course of full-time employment by and within a department either:

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(i) Is a candidate for or holds a current firefighter's certificate issued under Article 1 of Chapter 4 of Title 25 and has as incident to his or her position of employment the principal duty of, and actually performs the function of, preventing and suppressing fires; or
(ii) Has as incident to the position of employment the principal responsibility to perform, and actually performs, support functions for fire prevention and fire suppression activities of the fire department of a type which the board by regulation finds have been traditionally and customarily performed by employees of fire departments in the State of Georgia, including, without limitation, the activities of administrative personnel within the department, mechanics whose primary duties are the maintenance and repair of fire-fighting equipment and apparatus, operating engineers whose primary duties are the operation of firefighting equipment and apparatus, communications and clerical personnel, and fire prevention and fire inspection personnel; provided, however, that such term shall not include persons whose primary responsibility is the performance of emergency medical services; or
(B) Appointed and regularly enrolled as a volunteer with a class nine fire department; who, as a volunteer firefighter, has and primarily performs the principal responsibility of preventing or suppressing fires; and who satisfies the requirements specified in subparagraph (a)(l)(D) of Code Section 25-3-23.
(4) 'Full-time fire department' means a full-time department, bureau, division, or other organizational unit, separately organized and administered as such, of this state or any municipality or other political subdivision thereof, which organizational unit:
(A) Has, as an organizational unit, the principal responsibility to prevent and suppress fires; and
(B) Is financed by public appropriation or subscription and is not privately owned.
A full-time fire department includes the fire chief or chief operating officer of the organizational unit and only those employees who are under the direction and supervision of the fire chief or chief operating officer.
(5) 'Fund' means the Georgia Class Nine Fire Department Pension Fund created by this chapter.
(6) "Volunteer fire department' means a volunteer fire department staffed by firefighters, volunteer firefighters, or a combination of firefighters and volunteer firelighters, separately organized and administered as such, of this state or any municipality or other political subdivision of this state or serving any fire district therein, which:
(A) Has the principal responsibility to prevent and suppress fires;
(B) Is financed by public appropriation or subscription and is not privately owned;
(C) Holds drills and meetings of not less than eight hours monthly; and
(D) Meets the requirements imposed by Code Section 47-7A-81.

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ARTICLE 2
47-7A-20.
(a) There is created the Georgia Class Nine Fire Department Pension Fund. The board of trustees of the Georgia Firefighters' Pension Fund created by Chapter 7 of this title shall serve as the board of trustees of this pension fund.
(b) The board shall have the following powers and duties:
(1) To provide for the payment of administrative expenses;
(2) To rule upon all applications for pensions;
(3) To provide for the payment of pensions;
(4) To provide for the collection of all revenue under this chapter;
(5) To make all necessary rules and regulations not inconsistent with the laws of this state for the governing of this retirement fund;
(6) To prescribe rules and regulations of eligibility of persons to receive pensions under this chapter;
(7) To expend funds in accordance with this chapter; and
(8) To exercise all other powers necessary for the administration of the fund.
(b) The board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law.' The board may combine such funds with the funds of the Georgia Firefighters' Pension Fund created by Chapter 7 of this title for investment purposes only.
(c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract for the services of such agents as investment advisers and counselors, in making recommendations for investments, and in making investments, if the board so authorizes.
(d) The Board of Trustees of the Georgia Firefighters' Pension Fund may charge to this pension fund any administrative expenses, exclusive of benefit costs, which such board of trustees pays on behalf of this pension fund. Such board of trustees shall have complete discretion to determine a method of apportioning such costs between such pension fund and this pension fund, and the board's good faith determination shall be conclusive.
(e) Where funds of the fund are combined with the funds of the Georgia Firefighters' Pension Fund for investment purposes, then gains, losses, income, transaction costs, investment adviser fees, and other matters with respect to such combined investments shall be allocated in such manner as the board determines is fair and equitable to each fund. The board's good faith determination shall be conclusive.
47-7A-21.
The board may take or receive any gift, grant, or bequest of money, real or personal property, or anything of value and use the same for the purposes set forth in this chapter.

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47-7A-22.
The state auditor is directed to make an annual audit of the fund.
47-7A-23.
Notwithstanding any provision in this chapter to the contrary, the board is authorized to determine the eligibility for membership in and retirement under the fund of any volunteer firelighter who, for cause beyond his or her control, is or was unable to attend, during any calendar year, the annual percentage of all drills, meetings, and fires prescribed by the board pursuant to Code Section 47-7A-81.
47-7A-24.
(a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Code Section 47-7A-100 for persons theretofore or thereafter retiring under such Code section. Such method shall be based upon:
(1) The recommendation of the actuary of the board of trustees;
(2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and
(3) Such other factors as the board deems relevant.
Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine.
(b) Any increase granted pursuant to subsection (a) of this Code section may only be authorized effective as of January 1 and July 1 of each year, and no such increase shall exceed 1 1/2 percent of the maximum monthly retirement benefit then in effect.
(c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-7A-100.
47-7A-25.
The Attorney General shall act as legal adviser to the board.
ARTICLE 3
47-7A-40.
(a) Any person employed as a firefighter or enrolled as a volunteer firefighter is eligible to make application to the board for membership in the fund.
(b) Upon becoming a member of the fund, a firefighter or volunteer firefighter shall receive credit only from the date of his or her becoming a member of the fund.

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47-7A-41.
(a)(l) Any member of the fund who is in good standing with the fund, who leaves work as a firefighter or volunteer firelighter, and who elects to leave in the fund during such leave from work as a firefighter or volunteer firefighter the dues which the member has theretofore paid, shall, upon application to the board, be entitled to obtain a leave of absence from the fund for a period of not more than two years. Upon application prior to the expiration of any leave of absence or extended leave of absence, such a member shall be entitled to an extension of such leave of absence for a period of not greater than two years. If a member who leaves work as a firefighter or volunteer firefighter fails to apply for and maintain in effect a leave of absence, the board may treat such failure as an election to withdraw from membership in the fund as provided in subsection (b) of this Code section and Code Section 47-7A-103.
(2) A member of the fund who obtains a leave of absence under paragraph (1) of this subsection shall, upon application to the board, be entitled to reinstatement to active status in the fund; provided, however, that upon such application, the applicant meets the medical and other requirements set forth in Code Section 47-7A-40 as a prerequisite to reinstated active membership. Such member shall be entitled to credit for service rendered before obtaining a leave of absence and after reinstatement but shall not be entitled to credit for any period during such leave of absence.
(b)(l) A member may at any time elect to withdraw from membership in the fund and upon such withdrawal shall be entitled to a refund of dues theretofore paid by such member as provided in Code Section 47-7A-103. Any member who elects to withdraw from membership in the fund shall not thereafter be eligible for membership or benefits except upon reinstatement to active membership in accordance with this subsection. Any such member may make application to the board for reinstatement of membership. Upon making such application, the applicant must pay to the fund a reinstatement fee of $100.00. Upon reinstatement, such member shall be entitled to credit for service rendered after reinstatement to active membership in the fund but not for service prior to the date of reinstatement. Any such applicant who fails to satisfy the requirements of reinstatement shall not be entitled to membership in the fund.
(2) An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to such reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section 47-7A-40.
ARTICLE 4
47-7A-60.
(a) Each firefighter or volunteer firefighter accepted for membership in the fund shall pay to the fund the sum of $15.00 for each month of service as a firefighter or volunteer firefighter in a fire department. Such monthly payments shall be due on or before the tenth day of each month of service.
(b)(l) Any member who becomes six months in arrears in making such payments shall be removed from membership in the fund and shall thereafter be ineligible for membership in or benefits under the fund, except as provided in this subsection and in subsection (c) of this Code section.
(2) Any member who has been removed from membership in the fund under paragraph (1) of this subsection may make application to the board for reinstatement of membership. As a condition of such reinstatement, the applicant must pay to the

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fund a reinstatement fee of $100.00. Upon such reinstatement, such member shall be entitled to credit for service rendered after reinstatement. If such member has not withdrawn the dues he or she paid to the fund prior to the suspension, then he or she shall also be entitled to creditable service for service rendered prior to the suspension.
(3) An applicant for reinstatement of membership in the fund as provided in this subsection shall not be entitled to reinstatement unless at the time of such application the applicant meets the requirements set forth in Code Section 47-7A-40 as a prerequisite to reinstatement to active membership.

(c) If a member who has attained the minimum service credits required for a normal retirement benefit under Code Section 47-7A-100 is suspended from membership in the fund under this Code section and is not reinstated, then, provided that such member does not withdraw dues paid to the fund prior to his or her suspension, upon termination of service, such member shall be entitled to a normal retirement benefit payable under Code Section 47-7A-100. The normal retirement benefit to which such member may thereafter become entitled upon termination of service shall be calculated as of the date of the member's suspension from the fund, using the service credits and age the member had attained on the date of suspension, which shall be deemed to be the youngest age at which early retirement benefits may commence or such greater age as the member has actually attained on that date, and the maximum monthly benefit in effect on such date of suspension.
47-7A-61.

The board shall transfer to this pension fund all taxes collected by the board returned as taxes due on premiums charged by fire insurance companies for property coverage in areas in which the public fire suppression facilities of the fire department are ratable as a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or a rating which the board by regulation determines is substantially equivalent under rating standards published by an organization licensed by the Commissioner of Insurance performing similar rating functions, which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner of Insurance, as provided in Code Section 47-7-61.
ARTICLE 5

47-7A-80.
A firefighter's or volunteer firefighter's length of service may be transferable from one fire department to another by furnishing the board with a proper certificate.
47-7A-81.

(a)(l) The board is authorized to prescribe the minimum monthly and annual number of hours of drills and meetings required to be conducted by a volunteer fire department as a condition to qualification of service by a firelighter or volunteer firefighter with such department for credit toward retirement and other benefits under this chapter.

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(2) Any volunteer fire department which fails to hold at least eight hours of drills and meetings per month for three months in any calendar year or such greater requirements as may be established by the board shall not be classified as a volunteer fire department for such calendar year, and the members of such department shall not be entitled to receive credit for service during such calendar year. Such members shall be entitled to a refund of 95 percent of the dues paid during such period.
(b)(l) The board is authorized to prescribe the monthly and annual percentage of attendance at drills, meetings, and fires necessary for volunteer firefighters to receive credit for service toward retirement and other benefits under this chapter and to establish the form of reports required to be filed with the board concerning such matters and the time within which such reports must be filed with the board. In no case shall the annual percentage be set by the board at less than 50 percent of all drills, meetings, and fires in any calendar year.
(2) Any volunteer firefighter who fails to meet the attendance requirements relative to drills, meetings, and fires in this Code section, or such greater requirement as may be established by the board for the calendar year, shall not be granted credit for such year's service; and, in the event the member has paid any dues into the fund for such period, the member shall be entitled to a refund of 95 percent of such dues so paid.
47-7A-82.
No person otherwise properly admitted to the fund shall be excluded from continuing membership therein solely because the member's employment by or service with a fire department is not in the capacity of a firefighter or volunteer firefighter, but no credit shall be given for service rendered in any month by any member of the fund unless such service is rendered as a firefighter or volunteer firefighter and no benefits payable by the terms of this chapter to a firefighter or volunteer firefighter shall be payable to any member unless such member is serving as a firefighter or volunteer firefighter at the time such benefits are earned or become payable. For any period during which any member provides service which is not creditable, the member shall be deemed to be on leave of absence from the fund.
ARTICLE 6
47-7A-100.
(a) As used in this Code section, the term:
(1) 'Maximum monthly retirement benefit' means $165.00.
(2) 'Selected beneficiary' means any person designated from time to time before or after the approval of an application for retirement by the member in writing on forms prescribed by the board to receive benefits which continue to be payable upon the death of the member.
(3) 'Spouse' means the husband or wife to whom the member is validly married under the laws of this state at the time of the approval by the board of an application for retirement or at the time of the approval of a later exercise by such member of an option granted by this Code section and who holds such status at the time benefits became payable to such person on account of the death of a member.
(b)(l) Any eligible member who has attained the age of 55 years and who terminates service as a firefighter or volunteer firefighter after at least 25 years of service, upon application to and approval by the board, shall have a vested right in an

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amount equal to the maximum monthly retirement benefit in effect on the date the board approves such application. Such benefits shall commence on the date of the member's termination of service.
(2) Any eligible member who terminates service as a firefighter or volunteer firelighter after 25 years of service, but before reaching the age of 55 years, may, upon filing an application with the board, cease payment of such member's monthly dues following such termination of service and, upon reaching the age of 55 years and being otherwise eligible, shall be paid a monthly benefit equal to the maximum monthly retirement benefit in effect on the date such member attains the age of 55 years.
(c) Any eligible member who terminates service as a firefighter or volunteer firefighter after at least 15 years of service, upon application to and approval by the board, shall have a vested right in and to a monthly benefit payable for the member's lifetime equal to a pro rata amount of the maximum monthly retirement benefit in effect on the date of such termination of service, which amount shall be determined by the ratio of years served, being not less than 15 nor more than 25, to the full 25 year service retirement. Such benefits shall become payable when the member reaches 55 years of age or when he or she terminates employment as a firefighter or volunteer firefighter, whichever is later.
(d) At any time prior to approval by the board of an application for retirement, a member may elect or may revoke a previous election and make a new election to have monthly benefits payable under one of the options set forth in this subsection, in lieu of the benefits payable under subsection (b) or (c) of this Code section. The benefits shall be paid in accordance with the terms of the option elected. Election of any option shall be made by the member on forms provided by the board and shall be subject to approval by the board, which approval shall not be unreasonably withheld. No optional election is available for payment of disability benefits.
(1) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable during the joint lifetime of both the member and the member's spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the member's benefits. Any member who has completed 15 years of creditable service may elect that, in the event of the member's death prior to receiving any retirement benefits under this chapter, the member's spouse shall receive decreased retirement benefits in the amount elected by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the benefits to which the member would have been entitled based upon the member's creditable service as of the time of the member's death. The decreased retirement benefits payable to the spouse of a member who dies prior to receiving any retirement benefits under this chapter shall commence on the date the member would have become 55 years of age and shall not be payable unless, prior to the member's death, the member had elected such benefits in the form and manner prescribed by the board and had filed such election with the board.
(2) Option B, the ten years' certain and life option, shall consist of a decreased retirement benefit payable to the member during the member's lifetime; and, in the event of the member's death within ten years after the member's retirement, the same monthly benefits shall be payable to the member's selected beneficiary for the balance of such ten-year period.
(3) If a member selects Option A, then, after the approval of the application for retirement, the following provisions apply:

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(A) If the member's spouse shall predecease the member, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke Option A and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the monthly benefit which would have been payable to the member had such option not been exercised;
(B) If there is entered a final judgment of complete divorce between the member and the member's spouse, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke Option A and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable had such option not been exercised; and
(C) If, following the death of the member's spouse or the entry of a final judgment of divorce between the member and the member's spouse, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect Option A with respect to the member's new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier.
(4) The amount of any optional retirement benefit set forth in this subsection shall be the actuarial equivalent of the amount of the benefit that would otherwise be payable to the member under subsection (b) or (c) of this Code section based upon the interest rate and mortality basis approved from time to time by the board, the age of the member, and, if applicable, the age of the member's spouse as of the date benefits are to commence or as of the date benefits would have commenced if the member had retired after first becoming eligible for full benefits, whichever is earlier, but the optional benefits available under Option A shall be calculated without regard to the provisions of paragraph (3) of this subsection.
(e) Any eligible member shall be entitled to an increase in the maximum monthly retirement benefit in effect at the time of the member's retirement under this Code section equal to 1 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service while a member of the fund as a firefighter or volunteer firefighter in excess of 25 years of creditable service.
(f) Any eligible member who would be entitled to the commencement of retirement benefits upon reaching age 55 under subsection (b) or (c) of this Code section may elect to retire after reaching the age of 50 but before reaching the age of 55 and immediately commence the drawing of retirement benefits and in that event the member shall be eligible immediately upon retirement for a reduced monthly pension benefit in an amount determined by multiplying the benefit for which the member would have been otherwise entitled under subsections (b), (c), and (e) of this Code section had the member delayed retirement or the commencement of benefits until the member reached age 55, such benefit to be determined as of the date of the member's actual retirement or first receipt of the monthly retirement benefit by the factor set forth below:

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If the Member's Age At Retirement (determined by
the member's age at the member's immediately preceding birthday) Is:
50 51 52 53 54

The Early Retirement Factor Is:
.70 .76 .82 .88 .94

The option available under this subsection may also be exercised by a surviving spouse who is the beneficiary of an Option A election with respect to the benefits payable to the spouse in the event the member dies prior to receiving any benefits and would have been able to exercise the option available under this subsection.

(g)(l) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive 100 percent of the member's benefits under Option A as provided in paragraph (1) of subsection (d) of this Code section. Such benefits shall commence on the date the deceased member would have reached the age of 55 years or, at the option of the surviving spouse, on the date the deceased member would have reached the age of 50 years in accordance with the provisions of subsection (f) of this Code section.

(2) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is not survived by a spouse, the selected beneficiary shall be entitled to receive a benefit as if the member had elected to receive Option B as provided in paragraph (2) of subsection (d) of this Code section.

(3) If any member who has elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided for in this Code section, the benefits shall be paid in accordance with the option so elected.

47-7A-101.

(a) Any member who applies for retirement benefits may withdraw such application at any time prior to its approval by the board.

(b) Any person who again becomes a paid employee of a fire department after having been placed on retirement under Code Section 47-7A-100 shall immediately notify the secretary-treasurer of the fund of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of reemployment. Within six months of the commencement of reemployment, any such person who at the time of application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Section 47-7A-100, but the amount of monthly retirement benefits payable to such member shall not exceed the amount of the monthly benefit which would be pay-

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able to such member had such subsequent retirement become effective at the time of the member's prior retirement, unless after such reemployment the member shall have acquired not less than seven years' creditable service as a member of the fund.
47-7A-102.
(a) In the event of the death of a member of the fund on or after July 1, 2001, who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the amount of $5,000.00, upon making proper application to the secretary-treasurer of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.
(b) In the event of the death of a member of the fund on or after July 1, 2001, who is in good standing and who has commenced receiving benefits under this chapter, but who has not received total benefits in the amount of $5,000.00, the designated beneficiary of such deceased member shall be entitled to receive the difference between $5,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section.
47-7A-103.
Upon proper application and approval of the board, any member who withdraws from the fund shall be paid all the moneys such individual contributed to the fund, less 5 percent. Any refunds granted under this Code section or any other provision of this chapter shall be without interest.
ARTICLE 7
47-7A-120.
If the moneys provided by this chapter are not sufficient at any time to enable the board to pay each person his or her benefits in full under this chapter, then those persons entitled to benefits shall be paid an equal amount, which, in the opinion of the board, the fund may provide. In no such event shall the board or any member of the board be liable to any beneficiary for any deficiencies in payments under this chapter.
47-7A-121.
Benefits under this chapter shall be subject to future legislative change and revision and no member of this fund or any other persons shall be deemed to have any vested right to any benefits, except as may be provided in Code Section 47-7A-100.
47-7A-122.
Benefits under this chapter shall not be subject to attachment, garnishment, levy, or other legal process against the firefighter, volunteer firefighter, or a designated beneficiary entitled to receive such benefits; nor shall such benefits or rights be assignable unless specifically provided for in this chapter.
47-7A-123.
The assets of the board, whether in the form of cash, securities, or real property, shall be deemed to be public property and exempt from any and all taxation, whether imposed by the state, or by any county, municipality, or political subdivision of this state.

MONDAY, FEBRUARY 28, 2000

1545

47-7A-124.
(a) No claim shall be made against the fund for benefits or the return of contributions after the lapse of seven years from the date on which the secretary-treasurer of the fund shall have mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or other person eligible therefor, as such address is reflected by the records of the fund, a written notice that the firefighter or volunteer firefighter or other eligible person is or may be eligible for such benefits or return of contributions; and, in the event any claim for benefits or the return of contributions is barred in accordance with this subsection, the amounts thereof shall be the property of this fund. The bar period prescribed by this subsection shall not begin to run with respect to a firefighter or volunteer firefighter on leave of absence who has elected to leave his or her contributions in the fund until the failure of the firefighter or volunteer firefighter to provide written confirmation of his or her election to remain on leave of absence within 60 days of a not more frequent than biennial request for such confirmation mailed to the last known address of such firefighter or volunteer firefighter, as such address is reflected by the records of the fund.
(b) No action shall be brought contesting any determination of the board with respect to eligibility for membership or continued membership in the fund, creditable service, eligibility for retirement benefits, the amount of retirement benefits payable, or the termination or suspension of retirement benefits after the expiration of 60 days from the date on which written notice of the final determination of the board is mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or of the designated representative thereof, as such address is reflected on the records of the fund; and no court shall have jurisdiction of any action brought after the expiration of such period. The written notice provided for in this subsection shall contain notice of the limitation established by this subsection.
47-7A-125.
Upon request, an authorized representative of the board shall have the power to inspect and copy or make extracts from the records of any fire department or volunteer fire department concerning any member of the fund or applicant for membership. It shall be the duty of the custodian of such records for the fire department or volunteer fire department to make such records available to an authorized representative of the board at the location at which such records are normally kept. Information so obtained by the board shall not be disclosed by the board except in connection with a matter involving the member or applicant for membership to whom the records relate.
47-7A-126.
(a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the fund in an attempt to defraud the fund shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00, imprisonment for up to 12 months, or both.
(b) If any change or error in the records of the fund results in any member or beneficiary receiving from it more or less than such member or beneficiary would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments as far as is practicable and in such manner that the actuarial equivalent of any additional benefit to which such member or beneficiary was correctly entitled shall be paid or in such manner that any excess payment shall be recovered.

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47-7A-127.

The benefits payable under this chapter shall be paid solely from the Georgia Class Nine Fire Department Pension Fund and in no event shall such benefits be paid from or charged to or be considered a liability of the Georgia Firefighters' Pension Fund. The actuarial soundness of the Georgia Class Nine Fire Department Pension Fund and the compliance of the Georgia Class Nine Fire Department Pension Fund with the requirements of Chapter 20 of this title shall be determined solely with reference to the Georgia Class Nine Fire Department Pension Fund and without regard to the Georgia Firefighters' Pension Fund."

SECTION 11.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 12.

All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene E Grindley Y Hamraontree 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 E Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills

Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reaves E Reece Y Reed E 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 E Smith, P Y Smith, T Y Smith, V
Smyre Y Snelhng 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

MONDAY, FEBRUARY 28, 2000

Y Walker, L Y Walker, R.L Y Watson

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

1547
Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 932. By Representatives Twiggs of the 8th, Coleman of the 142nd, Poag of the 6th, Walker of the 141st, Whitaker of the 7th and others: A resolution urging the United States Congress to enact the National Forensic Sciences Improvement Act of 1999.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Y Buckner Y Bulloch Y Bunn
Burkhalter
Y Byrd Y Callaway Y Campbell
Y Cash Y Channell Y Childers
Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings
Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick
Y Graves Y Greene E Grindley Y Hammontree Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N

Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson 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 E 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 Eagas Y Eandall
Y Bay Y Reaves E Reece
Y Reed E 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 E 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 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 adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1306. By Representatives Davis of the 132nd, Jamieson of the 22nd, Taylor of the 134th, Smyre of the 136th and Buck of the 135th:
A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Y Ashe Y Bailey E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders Bridges
Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Bunn Y Burkhalter
YByrd 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
Dean Y DeLoach, B Y DeLoach, G N Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene E 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
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 E Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall YRay Y Reaves E Reece Y Reed E Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers
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

Y Smith, L.R E 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 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 156, nays 3.

MONDAY, FEBRUARY 28, 2000

1549

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 784 was postponed until Tuesday, February 29, 2000.
HB 1311. By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd:
A bill to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the licensing of nongovernmental search and rescue dog teams; to prohibit the performance of any rescue or emergency management activity by such nongovernmental search and rescue dog teams unless licensed.

The following amendment was read and adopted:

Representative Wiles of the 34th moves to amend HB 1311 as follows: Add a new Section 3
This bill shall become effective January 1, 2001.

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 E Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene E Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J E Martin, J.L Y Massey Y McBee Y McCall Y McClinton

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTJeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
Ragas Y Handall Y Ray Y Reaves E Reece Y Reed E 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 E 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

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Y Teague Y Teper Y Tillman Y 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 Westmoreland Y Whitaker Y Wiles Y Williams, J

Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 29, 2000

1551

Representative Hall, Atlanta, Georgia Tuesday, February 29, 2000
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 Charles Wesley Purnell, Pastor, Bethel African Methodist Episcopal Church, Savannah, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
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 1618. By Representative Parsons of the 40th: 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 nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a toll-free number that is outside the calling area covered by the directory and the listing fails to state clearly the principal place of business of the nonlocal business.

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Referred to the Committee on Industry.
HB 1619. By Representatives Barnes of the 97th, Benefield of the 96th, Porter of the 143rd, Jamieson of the 22nd and Walker of the 141st: A bill to amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms.
Referred to the Committee on Education.
HB 1620. By Representatives Martin of the 145th and Lane of the 146th: A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to provide that the judge of the State Court of Bulloch County shall be full time and may not engage in the private practice of law; to change the compensation of such judge and the solicitor-general and the provisions relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1621. By Representatives Lane of the 146th and Martin of the 145th: A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the members of the board of commissioners; to provide for staggered terms for members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1622. By Representative Crawford of the 129th: A bill to create the Pike County Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1623. By Representatives Pinholster of the 15th, McBee of the 88th and Stancil of the 16th: A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the regulation of certain ambulatory surgical treatment centers by the Composite State Board of Medical Examiners.
Referred to the Committee on Health & Ecology.
HB 1624. By Representatives Wix of the 33rd, Shipp of the 38th, Manning of the 32nd, Ehrhart of the 36th, Sauder of the 29th and others: A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 29, 2000

1553

HB 1625. By Representatives Borders of the 177th, Shaw of the 176th and Reaves of the 178th: A bill to provide a new charter for the City of Valdosta.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1626. By Representatives Lucas of the 124th, Coleman of the 142nd, Walker of the 141st and Greene of the 158th:
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 imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act.
Referred to the Committee on State Institutions & Property.

HB 1627. 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 remove a provision requiring the election of members of the board of education of Richmond County by majority vote.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1628. 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 in the County of Richmond, so as to change the provisions relating to letting contracts and opening bids.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1629. By Representatives Royal of the 164th and Jenkins of the 110th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise comprehensively the provisions regarding the Seed-Capital Fund; to provide definitions; to create the SeedCapital Fund.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1630. By Representatives Smyre of the 136th, Skipper of the 137th, Walker of the 141st and Sauder of the 29th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the " Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation.

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JOURNAL OF THE HOUSE

February 29, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1630. This notice is made prior to or upon reading the bill the first time.

Referred to the Committee on Rules.

/s/ Calvin Smyre Representative 136th District

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1614 HB 1615 HB 1616 HB 1617 HR 1149 HR 1150

HR 1151 HR 1152 SB 381 SB 412 SB 453 SB 455

Pursuant to Rule 52, Representative Holland of the 157th moved that the following Bill of the House be engrossed:
HB 1617. By Representative Holland of the 157th: A bill to amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to the designation of counties as less developed areas and tax credits for certain business enterprises, so as to provide for job tax credits without regard to salaries.
The motion prevailed.

Representative Reaves of the 178th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 297 Do Pass, by Substitute SB 375 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

TUESDAY, FEBRUARY 29, 2000

1555

Representative Lane of the 146th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 393 Do Pass
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 153 Do Pass, by Substitute HB 1369 Do Pass SB 315 Do Pass, by Substitute

SB 316 Do Pass, by Substitute SB 318 Do Pass, by Substitute

Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 543 Do Pass, by Substitute HB 772 Do Pass, by Substitute HB 859 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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JOURNAL OF THE HOUSE

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 958 Do Pass SR 172 Do Pass
Respectfully submitted, Isl 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 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 591 Do Pass, by Substitute HB 719 Do Pass HB 1373 Do Pass, as Amended HB 1419 Do Pass

HB 1450 Do Pass, by Substitute HB 1493 Do Pass SB 295 Do Pass, by Substitute

Respectfully submitted, Isl Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1340 Do Pass HB 1570 Do Pass HB 1608 Do Pass

HB 1612 Do Pass SB 428 Do Pass

Respectfully submitted, Isl Royal of the 164th
Chairman

TUESDAY, FEBRUARY 29, 2000

1557

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 29, 2000

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

HB 1348 HB 1417 HB 1426 HB 1448 HB 1465 HB 1531 HB 1532

Railway passenger service routes; establish Ad valorem tax; exempt motor vehicles of Purple Heart recipients Soil erosion; certain buffer zones; land-disturbing activities Diseases; bloodborne pathogens; sharps injury protection Hunting; deer; increase bag limit Income tax credit; certain disaster assistance Income tax credit; certain driver education

SB 399 Greenspace Commission - create (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 and Senate were taken up for consideration and read the third time:
HB 1340. By Representatives Clark of the 3rd and Snow of the 2nd: A bill to amend an Act entitled "An Act to create the Catoosa County Public Works Authority," so as to provide for the compensation of certain members of such authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1608. By Representative Lane of the 146th: A bill to provide a new charter for the City of Rocky Ford.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1612. By Representative Birdsong of the 123rd: A bill to abolish the present mode of compensating the coroner and deputy coroner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide for annual cost-of-living increases in the salaries of such officers.

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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.
SB 428. By Senator Lee of the 29th:
A bill to repeal in its entirety an Act providing for the charter of the City of Corinth, as amended; to thereby abolish the existence of the City of Corinth as a municipal corporation; to provide for devolution of the assets and debts and rights and obligations to Heard County; to provide for related matters; to provide that fees, taxes, and assessments may be levied in a special district coterminous with the former City of Corinth for the purpose of retiring debts and obligations of the former city; to provide for related matters; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1570. By Representatives Clark of the 3rd, Snow of the 2nd and Joyce of the 1st: A bill to provide for homestead exemptions from certain City of Fort Oglethorpe ad valorem taxes for municipal purposes for certain residents of the City of Fort Oglethorpe.

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
Birdsong Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Y Buck Buckner Bulloch
Y Bunn
Y Burkhalter Y Byrd Y Callaway
Campbell
YCash Y Channell Y Childers Y Clark Y Coan
Y Coleman, B

Coleman, T
Y Cornell Cooper
Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T
Day Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes 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 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
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins
Y Jennings Y Jones Y Joyce
Kaye Y Lane
Y Lewis Y Lord
Lucas

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 CTNeal Y Orrock Y Parham
Y Parrish Y Parsons Y Pelote Y Pinholster
YPoag Ponder
Y Porter Y Powell Y Purcell
Y Ragas

Y Randall Y Ray
Reaves Y Reece Y Reed
Y Reese Y Reichert
Rice Y Richardson Y Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R

Y Smith, P Smith, T
Y Smith, V Y Smyre Y Snelling Y Snow
Squires

TUESDAY, FEBRUARY 29, 2000

Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens E Stokes Y Stuckey

Y Taylor Y league Y leper Y Tillman Y Tolbert Y Trense
Turnquest

Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland

1559
Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 150, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
Representative Birdsong of the 23rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The 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 45. By Senator Ragan of the llth: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain military service for persons who became members of such retirement system prior to July 1, 1982, so as to provide that persons otherwise eligible to receive creditable service for military service during the Vietnam Conflict may do so by making application prior to December 31, 2000.
SB 299. By Senator Egan of the 40th: A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the "Revenue Bond Law," so as to provide for registration of certain bonds upon the purchaser's request; to provide that such bonds shall be inscribed with the purchaser's name and mailed to the purchaser; to provide for an effective date; to repeal conflicting laws.
SB 408. By Senators Kemp of the 3rd and Meyer von Bremen of 12th: A bill to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to allow filing a certificate of insurance in lieu of a bond for the protection of the public and of passengers and baggage or for the owner or person entitled to recover for loss of or damage to freight; to provide for filing by the insurer and the effect of failure to file any form required by the commission.

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JOURNAL OF THE HOUSE

SB 425. By Senators Kemp of the 3rd, Brown of the 26th, Ray of the 48th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to revise extensively the "Brokerage Relationships in Real Estate Transactions Act;" to revise and add definitions; to change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord; to change disclosure provisions; to change the standard of skill in some circumstances; to provide for a duty of keeping certain information confidential; to provide for exceptions; to provide for a duty to disclose certain material facts regarding adverse physical conditions in the neighborhood of a property; to change provisions regarding a broker's liability for providing false information; to provide for related matters.

SB 432. By Senators Polak of the 42nd, Thomas of the 10th and Thomas of the 54th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for additional disclosures in managed care plans and preferred provider arrangements; to provide for physician fees and negotiations in such plans and arrangements; to provide for denial of services in such plans and arrangements and provide for appeals of such denials; to provide for applicability and an effective date.

HB 658. By Representatives Buckner of the 95th, Manning of the 32nd, McBee of the 88th 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 full-time Georgia residency.

HB 1217. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and Jamieson of the 22nd:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property and residential transitional property, so as to change the provisions relating to qualification of property as bona fide conservation use property; to change the provisions relative to the ownership of such property and the gross income derived by a family owned farm entity.

HB 1219. By Representatives Jamieson of the 22nd, Smyre of the 136th, Powell of the 23rd and others:
A bill to amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide that the requirements thereof shall not apply to dealers of certain heavy equipment.

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 87. By Senators Walker of the 22nd, Johnson of the 1st, Ragan of the llth and others: A resolution designating the Hooks-Coleman Auditorium at the Capitol Education Center.

TUESDAY, FEBRUARY 29, 2000

1561

SR 542. By Senators Scott of the 36th, Tate of the 38th, Fort of the 39th and others: A resolution honoring Dr. Horace E. Tate and designating the Horace E. Tate Freeway.
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 114. By Representatives Mueller of the 152nd, Manning of the 32nd, Stancil of the 16th and others: A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that alternative school programs shall be subject to the same mandatory education and attendance requirements as public schools.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 509. By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th and others: A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 45. By Senator Ragan of the llth: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain military service for persons who became members of such retirement system prior to July 1, 1982,.so as to provide that persons otherwise eligible to receive creditable service for military service during the Vietnam Conflict may do so by making application prior to December 31, 2000.
Referred to the Committee on Retirement.
SB 299. By Senator Egan of the 40th: A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the "Revenue Bond Law," so as to provide for registration of certain bonds upon the purchaser's request; to provide that such bonds shall be inscribed with the purchaser's name and mailed to the purchaser; to provide for an effective date.
Referred to the Committee on Banks & Banking.
SB 408. By Senators Kemp of the 3rd and Meyer von Bremen of the 12th: A bill to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to allow filing

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JOURNAL OF THE HOUSE

a certificate of insurance in lieu of a bond for the protection of the public and of passengers and baggage or for the owner or person entitled to recover for loss of or damage to freight; to provide for filing by the insurer and the effect of failure to file any form required by the commission.
Referred to the Committee on Motor Vehicles.

SB 425. By Senators Kemp of the 3rd, Brown of the 26th, Ray of the 48th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to revise extensively the "Brokerage Relationships in Real Estate Transactions Act;" to revise and add definitions; to change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord; to change disclosure provisions; to change the standard of skill in some circumstances; to provide for a duty of keeping certain information confidential; to provide for exceptions; to provide for a duty to disclose certain material facts regarding adverse physical conditions in the neighborhood of a property; to change provisions regarding a broker's liability for providing false information; to provide for related matters.
Referred to the Committee on Industry.

SB 432. By Senators Polak of the 42nd, Thomas of the 10th and Thomas of the 54th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for additional disclosures in managed care plans and preferred provider arrangements; to provide for physician fees and negotiations in such plans and arrangements; to provide for denial of services in such plans and arrangements and provide for appeals of such denials; to provide for applicability and an effective date.
Referred to the Committee on Health & Ecology.

SR 87. By Senators Walker of the 22nd, Johnson of the 1st, Ragan of the llth and others: A resolution designating the Hooks-Coleman Auditorium at the Capitol Education Center.
Referred to the Committee on State Institutions & Property.

SR 542. By Senators Scott of the 36th, Tate of the 38th, Fort of the 39th and others: A resolution honoring Dr. Horace E. Tate and designating the Horace E. Tate Freeway.
Referred to the Committee on Transportation.

Representative Joyce of the 1st arose to a point of personal privilege and addressed the House.

Representative Teper of the 61st arose to a point of personal privilege and addressed the House.

TUESDAY, FEBRUARY 29, 2000

1563

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 1465. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd, Grindley of the 35th, Davis of the 60th and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, rules and regulations, reporting the number of deer killed, and related matters, so as to increase the bag limit for deer.

The report of the Committee, which was favorable to the 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 Y Bordeaux
Borders Y Bridges
Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Maddox Mann Y Manning 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 Cmeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Hagas 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
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
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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE

HB 1417. By Representatives Shanahan of the 10th, Murphy of the 18th, Royal of the 164th, Walker of the 141st, Birdsong of the 123rd 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 provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans of the armed forces of the United States who have been awarded the Purple Heart citation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Y Buck Buckner
Y Bulloch Y Bunn
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
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 Ployd
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
Hudson, H
Y Hudson, N

Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Maddox Y Mann Y Manning Martin, J
Y Martin, J.L Y Massey Y McBee 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 Ponder
Y Porter Y Powell Y Purcell
Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed
Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder Y Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Y Sholar Y Sims
Sinkfield Y Skipper Y Smith, B Y Smith, C
Y Smith, C.W Y Smith, L

Y Smith, L.R
Y Smith, P 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 Untennan 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, Spin-

On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1448. By Representatives Orrock of the 56th, Untennan of the 84th, Childers of the 13th, Jones of the 71st, Parrish of the 144th and others: A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and preventable diseases, so as to provide for certain pathogen standards; to limit exposures of public employees to such pathogens when carried by needles and similar devices.

TUESDAY, FEBRUARY 29, 2000

1565

The following amendments were read and adopted:
The Committee on Health and Ecology moves to amend HB 1448 hy striking lines 21 through 26 on page 2 and inserting in their place the following:
"(6) "Public employee' means an employee of a county board of health established in accordance with Chapter 3 of Title 31 or an employee of the state or an agency or authority of the state employed in a public health care facility or other facility providing health care related services, currently not subject to the jurisdiction of the federal Occupational Safety and Health Administration."
Representative Orrock of the 56th moves to amend HB 1448 by adding "or other drugs or biologies prepackaged with an administration system" after "syringes" on line 37 of page 2.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Aahe 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 YByrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T YDay
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes
Ehrhart
YEpps E Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall YRay 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
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Tfeper Y Tillman Y Tblbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Y Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 168, nays 0.

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JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read:
HR 1169. By Representatives Murphy of the 18th and Walker of the 141st
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 6:00 P.M. on Wednesday, March 1, 2000, and shall reconvene on Friday, March 3, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Friday may be as ordered by the Senate; and the hour for convening the House on such Friday may be as ordered by the House.
BE IT FURTHER RESOLVED that the General Assembly shall adjourn at 5:00 P.M. on Friday, March 3, 2000, and shall reconvene on Monday, March 6, 2000, and 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.
BE IT FURTHER RESOLVED that for the remainder of the 2000 session of the General Assembly, unless otherwise provided by subsequent resolution, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and reconvene on the following Monday, and that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate and the hour for convening the House on each such Monday may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield Y Birdsong
Y Bohannon Y Bordeaux
Y Borders Bridges
Y Brooks
Y Brown Y Buck Y Buckner
Y Bulloch Y Bunn
Y Burkhalter Y Byrd

N Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Y Coan Y Coleman, B Y Coleman, T
Y Connell Y Cooper
Y Cox Y Crawford Y Cummings
Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B
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 Hanner
Y Harbin
Y Harrell Y Heard
Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, H Y Hudson, N
Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings
Y Jones Y Joyce
Y Kaye Y Lane

Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning
Y Martin, J Y Martin, J.L 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 Y Pelote Y Pinholster Y Poag
Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Reaves Y Reece

TUESDAY, FEBRUARY 29, 2000

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 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 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

1567
Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, E.L Y Watson
West Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 166, nays 3. The Resolution was adopted.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Industry and referred to the Committee on Rules:
HB 1604. By Representative Jones of the 71st: A bill to amend Code Section 50-5-131 of the Official Code of Georgia Annotated, relating to definitions relative to minority business enterprise development, so as to redefine the term "minority".
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1167. By Representative Joyce of the 1st: A resolution commending the Rossville Middle School Chorus and inviting the chorus to appear before the House of Representatives.
HR 1168. By Representative Jennings of the 63rd: A resolution commending Mrs. Betty Cochran Ridley and inviting her to appear before the House of Representatives.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 958. By Representatives Lewis of the 14th and DeLoach of the 119th: A resolution commending Kappa Sigma Fraternity on its 600th anniversary and inviting Mr. Tom Bishop to appear before the House of Representatives.
Representative Walker of the 141st assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bill of Senate was taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE

SB 399. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters.

The following amendment was read and adopted:
The Committee on Natural Resources and Environment moves to amend SB 399 by striking all matter on line 5 of page 3 and inserting in place thereof the following:
"State Forestry Commission, and three additional members to be".

The following amendment was read:

Representative Callaway of the 81st moves to amend SB 399 as follows: Insert on page 3 line 6 after the word "by", the words
"and approved by the General Assembly".

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 Bunn
N Burkhalter N Byrd
Y Callaway N Campbell N Cash N Channell N Childers
N Clark

Y Coan E Coleman, B N Coleman, T
N Connell N Cooper N Cox N Crawford N Cummings
Y Davis, M N Davis, T N Day
Dean
N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson
N Dukes Ehrhart
N Epps N Evans
N Everett N Felton N Floyd Y Franklin N Golick
N Graves

N Greene Y Grindley N Hammontree
N Banner N Harbin N Harrell N Heard N Heckstall
N Hegstrom Hembree
N Henson N Holland
N Holmes N Houston N Howard N Hudgens N Hudson, H
N Hudson, N Hugley
Y Irvin N Jackson, B
N Jackson, L N James N Jamieson N Jenkins N Jennings
N Jones

Y Joyce Y Kaye N Lane
Y Lewis N Lord N Lucas N Maddox Y Mann
N Manning N Martin, J N Martin, J.L Y Massey
N McBee N McCall N McClinton N McKinney N Millar
N Mills N Mobley N Morris N Mosley
Y Mueller N CCNeal N Orrock N Parham N Fairish
N 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 N Rice Y Richardson
Roberts N Rogers N Royal Y Sanders
N Sauder N Scarlett N Scheid N Scott N Shanahan
N Shaw

Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L

TUESDAY, FEBRUARY 29, 2000

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 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
Walker, L Y Walker, R.L N Watson

1569
N West N Westmorland 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 22, nays 147. The amendment was lost.

Representative Bannister of the 77th stated that he inadvertently voted "aye" the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Callaway of the 81st moves to amend SB 399 as follows: By striking on page 2 line 4 the words "connected and"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey N 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 N Clark Y Coan E Coleman, B N Coleman, T N Connell N Cooper N Cox

N Crawford Y Cummings N Davis, M N Davis, T N Day
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 Ployd Y Franklin N Golick N Graves N Greene
Grindley N Hammontree N Manner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland

N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton N McKinney N Millar N Mills

N Mobley N Morris N Mosley Y Mueller N (Weal N Orrock N Parham N Parrish N 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 N Rice Y Richardson
Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid

N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C N Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre N Snelling N Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense

1570
N Turnquest N Twiggs N Unterman

JOURNAL OF THE HOUSE

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 22, nays 150. The amendment was lost.

The following amendment was read and adopted:
Representative Smith of the 175th moves to amend SB 399 by adding after the first semicolon on line 18 of page 1 the following:
"to provide an effective date;". By renumbering Section 2 as Section 3 and inserting 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."

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y 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 Y Cash Y Channell 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 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 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 Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall Y McClinton

Y McKinney 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 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 SnelUng 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

TUESDAY, FEBRUARY 29, 2000

Y Trense Y Turnquest Y Twiggs Y Untennan

Walker, L Y Walker, R.L Y Watson Y West

Y Westmorland Y Whitaker Y Wiles Y Williams, J

1571
Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 171, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Agriculture and Consumer Affairs and referred to the Committee on Higher Education:
HB 1629. By Representatives Royal of the 164th and Jenkins of the 110th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise comprehensively the provisions regarding the Seed-Capital Fund; to provide definitions; to create the SeedCapital Fund.

Representative Joyce of the 1st moved that the following Bill of the House be taken from the table:

HB 672. By Representatives Joyce of the 1st, Brooks of the 54th and Westmoreland of the 104th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for all offices.

On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe
Y Bailey Bannister
Y Barnard Y Bames
Benefield
N Birdsong N Bohannon Y Bordeaux Y Borders N Bridges Y Brooks
Y Brown N Buck Y Buckner N Bulloch N Bunn N Burkhalter
N Byrd Y Callaway
N Campbell Y Cash N Channell N Childers Y Clark
Coan

E Coleman, B N Coleman, T N Connell
Y Cooper Y Cox
Y Crawford Y Cummings Y Davis, M
N Davis, T Y Day
Dean Y DeLoach, B N DeLoach, G Y Dix
Y Dixon Y Dodson N Dukes
Ehrhart N Epps Y Evans
N Everett N Felton
N Floyd Y Franklin Y Golick N Graves N Greene
Grindley

Y Hammontree N Banner Y Harbin
Y Harrell Y Heard
N Heckstall Y Hegstrom Y Hembree
Y Henson N Holland Y Holmes N Houston N Howard Y Hudgens
Y Hudson, H N Hudson, N N Hugley N Irvin N Jackson, B N Jackson, L
N James N Jamieson
N Jenkins N Jennings Y Jones Y Joyce Y Kaye N Lane

Y Lewis N Lord N Lucas
Y Maddox Y Mann
N Manning Y Martin, J N Martin, J.L
Massey N McBee
McCall Y McClinton Y McKinney
Millar
Y Mills Y Mobley Y Morris N Mosley Y Mueller N OTSIeal
N Orrock N Parham
N Parrish N Parsons Y Pelote Y Pinholster N Poag Y Ponder

N Porter Powell
Y Purcell
Y Ragas N Randall
N Ray N Reaves N Reece
N Reed Y Reese N Reichert N Rice Y Richardson
Roberts
Y Rogers N Royal N Sanders N Sauder N Scarlett N Scheid
Y Scott Y Shanahan
N Shaw N Shipp N Sholar N Sims Y Sinkneld Y Skipper

1572
N Smith, B Y Smith, C N Smith, C.W N Smith, L Y Smith, L.R N Smith, P Y Smith, T Y Smith, V

JOURNAL OF THE HOUSE

N Smyre Y Snelling
N Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner

Y Stephens Y Stokes
Y Stuckey Y Taylor N Teague Y Teper N Tillman N Tolbert

N Trense N Turnquest
Y Twiggs Y Unterman
Walker, L Y Walker, R.L N Watson Y West

Y Westmorland N Whitaker
N Wiles Y Williams, J Y Williams, R N Wix N Yates
Murphy, Spin-

On the motion, the ayes were 80, nays 85. The motion was lost.
The Speaker announced the House in recess until 2:00 o'clock this afternoon.

TUESDAY, FEBRUARY 29, 2000

1573

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1173. By Representatives Cash of the 108th, Murphy of the 18th, Coleman of the 142nd, Sanders of the 107th, Porter of the 143rd and others: A resolution commending Honorable Larry Smith.
HR 1174. By Representatives Irvin of the 45th, Felton of the 43rd, Trense of the 44th and Ashe of the 46th: A resolution commending North Springs High School and the Spartan Band, Auxiliaries, and Chorus.
HR 1175. By Representative Jennings of the 63rd: A resolution commending Mrs. Betty Cochran Ridley.
HR 1176. By Representative Smith of the 169th: A resolution commending Hugh D. Arnold.
HR 1177. By Representative Smith of the 91st: A resolution commending Eddie Tolbert.
HR 1178. By Representative Smith of the 91st: A resolution commending Jonathan Jones.
HR 1179. By Representative Smith of the 169th: A resolution commending Brent S. Thomas.
HR 1180. By Representative Smith of the 91st: A resolution commending Chris Utley.
HR 1181. By Representative Smith of the 91st: A resolution commending Michael Launius.
HR 1182. By Representatives Rice of the 79th, Grindley of the 35th and Porter of the 143rd: A resolution recognizing March 9, 2000, as "The American Electronics Association's High-Tech Day" in Georgia and commending Georgia's high-tech businesses for their efforts in making Georgia one of the leaders in hightech employment growth nation wide.

1574

JOURNAL OF THE HOUSE

HR 1183. By Representatives McClinton of the 68th, Smith of the 103rd, Manning of the 32nd, Ashe of the 46th, Taylor of the 134th and others:
A resolution commending Honorable Louise McBee.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe Bailey Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Buckner Bulloch Y Bunn Burkhalter Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Coleman, T Y Connell Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Dukes Ehrhart Y Epps Y Evans Y Everett Y Felton Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner 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 Jackson, B Jackson, L
Y James Jamieson
Y Jenkins Y Jennings
Jones Y Joyce
Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann
Manning Martin, J Y Martin, J.L Massey Y McBee Y McCall Y McClinton McKinney Y Millar Mills Mobley Y Morris Y Mosley Mueller Y CWeal Y Orrock Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Ponder Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Reaves Y Reece Reed Y Reese Y Reichert Y Rice Richardson Roberts Y Rogers Y Royal Y Sanders Sauder Y Scarlett Y Scheid Y Scott Shanahan Y Shaw Y Shipp Sholar Sims 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
Smyre Y Snelling
Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Turnquest Y Twiggs Y Unterman Walker, L Walker, R.L Y Watson Y West Y Westmoreland Whitaker E Wiles Williams, J Williams, H Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolutions, the ayes were 115, nays 0.
The Resolutions were adopted.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 1426. By Representatives Twiggs of the 8th, Murphy of the 18th, Walker of the 141st, Jenkins of the 110th, Parham of the 122nd and others: A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to change the requirement for protective natural buffers adjacent to state waters; to provide for a 50 foot buffer adjacent to or on land adjacent to trout streams and a 25 foot buffer adjacent to other state waters; to provide that the vegetation within such buffer may not be cut until land-disturbing activities have ceased.

TUESDAY, FEBRUARY 29, 2000

1575

The following amendment was read and adopted:

Representative Pinholster of the 15th moves to amend HB 1426 as follows:
Add on line 41, pg 9 after repealed-
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe Y Bailey
Bannister Y Barnard
Y Barnes Y Benefield
Y Birdsong Y Bohannon
Bordeaux Y Borders
Y Bridges Y Brooks Y Brown Y Buck
Buckner Bulloch N Bunn Burkhalter Y Byrd Y Callaway Campbell N Cash Y Channel! N 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 YDay
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart YEpps Y Evans Y Everett
Felton Y Floyd Y Franklin N Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin
Harrell Y Heard
Heckstall N Hegstrom Y Hembree
Henson Y Holland Y Holmes
Houston Howard Y Hudgens Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Jackson, L Y James
Jamieson Y Jenkins N 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
McKinney N Millar
Mills Mobley N Morris Y Mosley Y Mueller Y OTSIeal Y Orrock Parham Y Parrish Y Parsons

Y Pelote Y Pinholster YPoag Y Ponder
Porter Y Powell Y Purcell Y Ragas
Y Randall Y Ray
Y Reaves Y Reece
Reed Y Reese
Y Reichert YRice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan Y Shaw Y Shipp
Sholar Sims
Y Sinkfield Y Skipper
Smith, B Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens N Stokes N Stuckey Y Taylor Y Teague N Teper Y Tillman N Tolbert Y Trense Turnquest Y Twiggs Y Unterman Y Walker, L Walker, R.L Y Watson Y West Y Westmoreland Whitaker E Wiles Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 127, nays 13.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1576

JOURNAL OF THE HOUSE

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Skipper of the 137th and others:
A hill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1162

The Committee of Conference on HB 1162 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1162 be adopted. Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ George Hooks Senator, 14th District

Is/ Terry L. Coleman Representative, 142nd District

Is/ Charles W. Walker Senator, 22nd District

Isl Larry Walker Representative, 141st District

Isl Terrell A. Starr Senator, 44th District

Iel Thomas B. Buck, III Representative, 135th District

A BELL
To amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", approved May 3, 1999 (Ga. L. 1999, p. 1071), so as to change certain appropriations for the State Fiscal Year 1999-2000; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1999-2000, as amended, known as the "General Appropriations Act" approved May 3, 1999 (Ga. L. 1999, p. 1071), is further amended by striking everything following the enacting clause through Section 62, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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.

TUESDAY, FEBRUARY 29, 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 ...............................................................$
Senate Functional Budgets

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

Total Funds

$

5,275,860

$

962,415

$

1,301,417

$

7,539,692

House Functional Budgets

Total Funds

House of Representatives and Research Office
Speaker of the House's Office Clerk of the House's
Office Total

$

11,521,681

$

470,447

$

1,596,283

$

13,588,411

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight
Committee Total

Total Funds
3,214,038 2,328,999 1,158,951 3,541,464
434,074 10,677,526

1577
31,805,629 16,632,458 4,054,123 2,581,216
109,500 7,000 0 0
960,000 980,000
5,000 665,000 360,036
3,676,356 100,000
1,674,940 31,805,629 31,805,629
State Funds
5,275,860 962,415
1,301,417 7,539,692
State Funds
11,521,681 470,447
1,596,283 13,588,411
State Funds
3,214,038 2,328,999 1,158,951 3,541,464
434,074 10,677,526

1578

JOURNAL OF THE HOUSE

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 ...............................................................$

26,179,279 22,574,546
764,940 616,000 389,624 188,000 1,051,359 287,000 1,554,910 321,000 27,747,379 26,179,279

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch ......................................................$ Personal Services........................................................................$ Other Operating ........................................................................$ Prosecuting Attorney's Council .................................................$

111,540,142 15,458,484 92,705,954 3,042,892

TUESDAY, FEBRUAEY 29, 2000

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

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District
Attorneys Juvenile Court Institute of Continuing Judicial
Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation
Commission Georgia Office Of Dispute
Resolution Total

Total Funds
7,853,991 10,324,483 43,111,261
36,089,366 1,374,764
897,312 5,776,555
206,755 5,262,000
3,030,749
300,510 114,227,746

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ...............................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Rents and Maintenance Expense .............................................$ Utilities........................................................................................! Payments to DOAS Fiscal Administration ..............................$ Direct Payments to Georgia Building Authority for Capital Outlay...................................................................$ Direct Payments to Georgia Building Authority for Operations .........................................................................$ Telephone Billings......................................................................$ Radio Billings .............................................................................$ Materials for Resale...................................................................$ Public Safety Officers Indemnity Fund ...................................$ Health Planning Review Board Operations ............................$ Payments to Aviation Hall of Fame.........................................$ Payments to Golf Hall of Fame ................................................$ Alternative Fuels Grant ............................................................$ State Self Insurance Fund ........................................................$ Total Funds Budgeted...'.............................................................$

1579
1,733,421 41,000 500,000 745,995
114,227,746 111,540,142

State Funds

$

7,135,803

$

10,274,483

$

43,111,261

$

34,548,753

$

1,323,064

$

897,312

$

5,673,285

$

206,755

$

5,262,000

$

2,806,916

$

300,510

$ 111,540,142

109,690,967 62,574,333 13,051,749
504,767 819,086 2,301,668 1,154,487 4,230,693 378,031 2,646,960 11,207,112
0 0
0
2,317,419 58,080,300
433,484 17,939,840
522,500 44,900 48,500 75,000 382,900 66,034,595 244,748,324

1580

JOURNAL OF THE HOUSE

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

$

16,443,012

12,845,458

22,166,416

117,210,089

69,459,037

646,329

1,638,409

4,339,574 244,748,324

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 12,855,231 6,804,433 4,435,386
384,405 37,776,334

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..................................................!

109,690,967
State Funds
4,882,922 4,106,583
0 29,167,621 66,557,095
646,329 262,271
4,068,146 109,690,967
0 20,803,654 15,328,193
42,000 200,000 313,000 325,000
15,071 269,416 480,000
0 0 0 0
37,776,334 0
State Funds
40,797,478 33,475,781 4,520,108
1,060,000 352,000 430,673 667,341 814,475 412,585
1,309,741

TUESDAY, FEBRUARY 29, 2000

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........................................................

Departmental Functional Budgets

Total Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

9,076,270

16,399,249

6,976,728

7,539,581

3,725,614

8,229,091

696,171

52,642,704

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.........................................

1581
1,003,240
3,127,000
3,200,470 275,000 50,000 175,000
829,290 0
900,000 0
40,000 0
52,642,704 40,797,478
State Funds
8,295,270 13,267,114 3,301,728 7,352,581 3,595,914 4,984,871
0 40,797,478
0 1,039,790
203,000 3,000 0 5,000 9,500 0 7,500 96,500
125,000 120,000 1,609,290
0
10,216,029 8,411,598
476,873 403,199 112,380

1582

JOURNAL OF THE HOUSE

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 ................................................................. Capital Outlay........................................................................... 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.......................................................... 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.......................................... Georgia Regional Transportation Authority.......................... Total Funds Budgeted.............................................................. State Funds Budgeted.............................................................

Departmental Functional Budgets

Total Funds

Executive Division Planning and Management Division Business and Financial Assistance
Division Housing and Finance Division Accounting, Budgeting and Personnel
Division Rental Assistance Division

57,598,800 4,389,972
40,645,047 8,053,176
3,330,220 55,269,254

21,022 276,896 422,730
77,896 13,435 10,216,029 10,216,029
85,872,600 19,808,140 2,624,076
530,883 0
392,214 1,461,218 1,476,060
713,735 519,728
0
2,495,948 45,904,272
133,355 30,000,000
429,541 5,000,000 3,165,581
0 617,500 3,281,250 1,008,027 6,847,147
0 0 189,073 1,128,125 1,250,000 50,000,000 9,858,139 188,834,012 85,872,600
State Funds
57,233,941 4,153,560
9,116,501 3,165,581
1,973,837 0

TUESDAY, FEBRUARY 29, 2000

1583

Administrative and Computer Support

Division

$

Georgia Music Hall of Fame Division

$

Community Service Division

$

External Affairs Division

$

Total

$

3,035,167 1,870,663 10,648,288 3,993,425 188,834,012

Section 8. Department of Community Health. 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 ..........................................................................$ Special Purpose Contracts.........................................................$ Purchase of Service Contracts ..................................................$ Grant in Aid to Counties...........................................................$ Health Insurance Payments......................................................$ Medical Fair ................................................................................$ Loan Repayment Program.........................................................$ Medical Scholarships..................................................................$ Capitation Contracts for Family Practice Residency .................................................................................$ Residency Capitation Grants ....................................................$ Student Preceptorships..............................................................$ Mercer School of Medicine Grant.............................................$ Morehouse School of Medicine Grant.......................................$ SREB Payments..........................................................................$ Pediatric Residency Capitation.................................................$ Preventive Medicine Capitation................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

1,769,145 916,894
3,680,002 3,863,139 85,872,600
1,302,555,171 27,662,661 7,041,692 360,986 14,000 77,292
1,016,795,296 1,355,759 802,656
365,953,663 3,395,236,764
1,097,500 64,732 83,244
764,826 0 0 0
1,520,467
4,347,200 1,950,313
175,000 16,728,668 7,394,890 4,400,350
474,240 30,000 4,854,332,199 1,302,555,171

Departmental Functional Budgets

Commissioner's Office Medicaid Benefits, Penalties
and Disallowances Program Management - Medicaid Systems Management - Medicaid General Administration Minority Health Women's Health Employee Health Benefits Health Planning Georgia Board for Physician
Workforce Board of Medical Examiners Medical Education Board

Total Funds

$

1,973,697

$ 3,395,236,764

$

33,031,410

$

48,232,173

$

51,593,548

$

185,742

$

430,519

$ 1,280,826,826

$

1,728,303

$

36,073,287

$

1,518,879

$

1,520,467

State Funds

$

920,831

$ 1,227,895,937

$

14,741,181

$

13,157,384

$

2,612,435

$

185,742

$

430,519

$

0

$

1,628,303

$

36,073,287

$

1,518,879

$

1,520,467

1584

JOURNAL OF THE HOUSE

Primary and Rural Health Total

1,980,584 4,854,332,199

B. Budget Unit: Indigent Trust Fund.........................................$ Per Diem, Fees and Contracts ..................................................$ Benefits........................................................................................ $ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

C. Budget Unit: PeachCare for Kids ...........................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ PeachCare Benefits, Penalties and Disallowances ..........................................................................$ Total Funds Budgeted........................................... .....................$ State Funds Budgeted ...............................................................$

Section 9. Department of Corrections. 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 ...............................................................$

1,870,206 1,302,555,171
148,828,880 8,200,000
360,067,504 368,267,504 148,828,880
17,189,386 418,478 120,254 50,000 0 1,155 250,000 0 12,350
5,325,376
55,526,847 61,704,460 17,189,386
853,697,481 544,562,296
70,134,263 2,680,815 2,193,077 4,302,107 6,198,054 6,793,774 7,737,635 58,316,299
38,000
23,590,741 1,300,000
28,980,363 5,551,097 3,000,000 1,093,624 4,106,736 1,627,149 577,160 1,527,120
100,787,031 70,000
438,944 856,000 876,462,285 450,000
0 853,697,481

TUESDAY, FEBRUARY 29, 2000

1585

Departmental Functional Budgets

Total Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

$

51,257,276

$

15,645,676

$ 126,144,833

$

66,880,989

$ 616,533,511

$ 876,462,285

Section 10. Department of Defense. Budget Unit: Department of Defense..........................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................! Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

2,197,481 6,132,268 21,194,782 29,524,531

Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education.................................$ Operations: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Utilities........................................................................................$ Capital Outlay ............................................................................$ Test Development Contracts .....................................................$ Information Technology Contracts............................................$ QBE Formula Grants: Kindergarten/Grades 1 - 3 ........................................................$ Grades 4 - 8................................................................................$ Grades 9 - 12..............................................................................$ High School Laboratories ..........................................................$

State Funds
50,750,276 15,345,676 117,680,624 66,400,989 603,519,916 853,697,481
7,378,907 11,699,117 11,828,197
45,375 58,000 22,000 68,625 31,400 419,973 584,768 4,767,076 29,524,531 7,378,907
State Funds
1,990,240 728,222
4,660,445 7,378,907
5,141,284,113
41,859,256 7,218,907 1,641,815 156,000 310,310 1,223,687 69,246,161 10,972,538 2,224,965 808,452 0 8,600,000 7,567,000
1,246,928,019 1,057,747,868
436,873,709 207,679,609

1586

JOURNAL OF THE HOUSE

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: Next Generation School Grants................................................$ Youth Apprenticeship Grants....................................................$ High School Program.................................................................$ Payment of Federal Funds to Board of
Technical and Adult Education .............................................$ Vocational Research and Curriculum.......................................$ Education of Children of Low-Income Families ......................$ Even Start...................................................................................$ Instructional Services for the Handicapped............................$ Retirement (H.B. 272 and H.B. 1321)......................................$ Tuition for the Multi-Handicapped ..........................................$ PSAT............................................................................................$ School Lunch (Federal) ..............................................................$ Joint Evening Programs ............................................................$ Education of Homeless Children/Youth....................................$ Pay for Performance...................................................................$ Remedial Summer School..........................................................$ Pre-School Handicapped Program ............................................$ Mentor Teachers.........................................................................$ Environmental Science Grants .................................................$ Advanced Placement Exams .....................................................$ Serve America Program.............................................................$ Alternative Programs.................................................................$ Drug Free School (Federal) .......................................................$ School Lunch (State)..................................................................$ Mentoring Program....................................................................$ Charter Schools ..........................................................................$ Emergency Immigrant Education Program.............................$ Chapter II - Block Grant Flow Through .................................$ State and Local Education Improvement ................................$ Child Care Lunch Program (Federal).......................................$ Health Insurance - Non-Cert. Personnel
and Retired Teachers..............................................................$ Governor's Scholarships.............................................................$ Innovative Programs..................................................................$ Title II Math/Science Grant (Federal)......................................$ Migrant Education .....................................................................$

156,945,877 548,792,945 98,679,526 104,495,375 36,602,631 134,010,159 800,161,761 152,021,075 (869,432,749) 66,951,970
0
246,132,902 3,158,000 23,951,042 98,870,519
100,206,873 620,134
28,122,176
500,000 4,340,000 32,060,730
27,650,639 293,520
236,086,129 3,190,097 75,415,428 5,508,750 1,900,000 756,500
188,375,722 267,333 749,301
10,254,000 1,689,931 19,434,853 1,250,000 100,000 1,608,000 1,042,976
21,377,316 11,625,943 35,282,461
500,000 1,164,604 2,481,927 9,913,513 24,962,356 89,190,742
99,547,892 4,989,029 1,690,215 5,042,895
274,395

TUESDAY, FEBRUARY 29, 2000

Counselors ...................................................................................$ Regional Education Service Agencies.......................................$ Severely Emotionally Disturbed ...............................................$ Georgia Learning Resources System........................................$ Special Education in State Institutions...................................$ At Risk Summer School Program.............................................$ Robert C. Byrd Scholarship (Federal) ......................................$ Technology Specialist .................................................................$ Year 2000 Project Funding........................................................$ Troops To Teachers ....................................................................$ Child Care Program..............................,....................................$ Comprehensive School Reform..................................................$ Character Education ..................................................................$ Standards of Care ......................................................................$ State Fund Reserve....................................................................$ National Teacher Certification..................................................$ Student Information System .....................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Professional Practices Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Office of School
Readiness Total

12,599,983 65,772,102
1,315,708 9,539,310 8,103,843 59,926,195
0 5,757,265,014
6,627,095 5,416,371 6,480,883
5,697,601 5,938,744,105

B. Budget Unit: Lottery for Education .......................................$ Pre-Kindergarten - Grants ........................................................$ Pre-Kindergarten - Personal Service........................................$ Pre-Kindergarten - Operations .................................................$ Computers in the Classroom.....................................................$ Distance Learning - Satellite Dishes .......................................$ Post Secondary Options .............................................................$ Educational Technology Centers...............................................$ Assistive Technology ..................................................................$ Applied Technology Labs ...........................................................$ Financial and Management Equipment...................................$ Alternative Programs.................................................................$ Fort Discovery National Science Center ..................................$ Capital Outlay............................................................................$ Learning Logic Sites ..................................................................$ Student Information System.....................................................$ Total Funds Budgeted................................................................$

1587
13,524,863 10,745,889 52,304,574 3,774,785 3,884,639 4,632,785 1,059,000 15,401,810 2,605,394
111,930 40,626,969
3,803,865 350,000 134,500
3,769,183 148,210
30,000,000 5,938,744,105
0 5,141,284,113

State Funds

$

8,870,765

$

53,988,030

$

1,238,119

$

6,071,799

$

509,849

$

57,011,689

$

0

$ 4,995,282,714

$

6,092,736

$

5,052,934

$

5,999,421

$

1,166,057

$ 5,141,284,113

374,373,083 217,971,579
2,051,953 5,148,630 42,741,317
936,000 4,500,000
858,000
5,000,000 0 0 0 0
75,165,604 0
20,000,000 374,373,083

1588

JOURNAL OF THE HOUSE

Lottery Funds Budgeted............................................................$

Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel.... .......................................................................................$ Motor Vehicle Purchases............................................................$ Equipment. ..................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Benefits to Retirees....................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 13. Forestry Commission. Budget Unit: Forestry Commission .............................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel.. .........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...... .............................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Ware County Grant....................................................................$ Ware County Grant for Southern Forest World......................$ Ware County Grant for Road Maintenance.............................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Reforestation Field Services General Administration and
Support Total

2,017,895 35,271,337
4,323,595 41,612,827

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation............................................................. $ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$

374,373,083
0 2,631,817
481,100 29,000 0 1,450
2,056,432 340,900 70,001
1,618,150 0
7,228,850 0
36,366,572 29,558,389
5,912,072 181,318
1,399,402 1,669,799
844,775 22,824
881,681 1,054,067
28,500 60,000
0 0 41,612,827 36,366,572

State Funds

$

19,684

$

32,191,448

$

4,155,440

$

36,366,572

61,418,237 44,194,440
6,194,456 465,379 387,220
3,271,595 677,600 391,419
1,022,479 3,889,982

TUESDAY, FEBRUARY 29, 2000

Evidence Purchased ...................................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

Total Funds
4,825,405 25,200,983 10,259,352 21,132,497 61,418,237

Section 15. Office of the Governor. A. Budget Unit: Office of the Governor......................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................! Cost of Operations......................................................................$ Mansion Allowance.....................................................................$ Governor's Emergency Fund .....................................................$ Intern 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 ...................................................................$ Year 2000 Project .......................................................................$ Total Funds Budgeted................................................................! State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Governor's Office Office of Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs Georgia Information Technology

Total Funds

17,068,568

$

1,093,263

13,911,225

5,689,036

4,090,313

1589
423,667 500,000 61,418,237 61,418,237
State Funds
4,825,405 25,200,983 10,259,352 21,132,497 61,418,237
49,627,545 18,744,253 1,451,104
326,759 38,070 187,639 527,724
1,148,372 585,758
10,056,610 4,164,655
40,000 12,715,000
148,913 4,000,000
274,194 470,000
0 250,000 2,183,750 100,000 684,400 1,085,000
0 57,000
0 0 2,808,800 62,048,001 49,627,545
State Funds
17,068,568 790,292
13,836,225 4,945,591 3,892,313

1590

JOURNAL OF THE HOUSE

Policy Council

$

Criminal Justice Coordinating

Council

$

Children and Youth Coordinating

Council

$

Human Relations Commission

$

Professional Standards Commission

$

Georgia Emergency Management Agency $

Governor's Commission for the

Privatization of Government

Services

$

Total

$

3,510,659
1,789,120
3,176,724 326,481
4,931,820 6,460,792
0 62,048,001

Section 16. 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 DCH - Medicaid Benefits....................................! 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 Technology and Support Facilities Management Regulatory Services - Program
Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse

1,016,387
4,101,512 11,884,965
8,489,307 47,813,157
1,332,206 100,113,563
5,590,784
887,565 3,398,648 11,273,899 6,612,805

701,859
354,684
587,361 326,481 4,931,820 2,192,351
0 49,627,545

1,243,898,714
78,074,423 3,173,647 1,935,789
0 206,957 4,671,430 14,906,213 51,682,170 15,204,122
28,500 47,813,157 65,974,073
123,714 824,452 25,513,290
0 0 310,131,937 3,982,840 174,327,823

State Funds

$

1,016,387

$

4,101,512

$

5,917,359

$

8,114,307

$

34,335,726

$

1,332,206

$

56,451,611

$

4,341,288

$

877,565

$

3,372,079

$

5,615,983

$

2,410,331

TUESDAY, FEBRUARY 29, 2000

Financial Services Auditing Services Personnel Administration Transportation Services Indirect Cost Policy and Government Services Aging Services DD Council Total

8,493,770 2,395,989 7,002,396 12,081,291
0 1,295,371 74,738,174 1,610,148 310,131,937

2. Public Health Budget:
Personal Services........................................................................$ Regular Operating Expenses.....................................................! Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Special Purpose Contracts.........................................................$ Purchase of Service Contracts ..................................................$ Grant-In-Aid to Counties...........................................................! Major Maintenance and Construction......................................! Postage.........................................................................................! Medical Benefits.........................................................................! Total Funds Budgeted................................................................! Indirect DOAS Services Funding..............................................! State Funds Budgeted ...............................................................$

Departmental Functional Budgets

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 Epidemiology Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control

Total Funds

!

13,055,719

$

1,383,859

$

1,773,114

$

2,148,234

!

4,704,248

!

4,959,151

!

3,180,709

$

11,092,949

$

84,166,474

!

70,108,664

!

13,272,151

$

3,998,786

!

1,949,932

!

1,614,511

!

5,799,550

!

1,386,617

$

1,075,812

$

2,827,258

!

225,746

!

159,019

!

4,312,449

1591
4,126,637 2,395,989 7,002,396 1,876,134 (14,703,451) 1,295,371 44,399,229
49,164 174,327,823
49,968,343 75,192,219
839,880 0
195,367 1,326,062 5,146,402
0 987,667 324,000 18,486,873 139,963,748
0 190,682 4,222,222 296,843,465 324,160 159,383,175
State Funds
12,928,784 1,170,028 1,447,939 1,035,622 3,937,429
4,959,151 1,071,146 5,914,421
0 69,122,805 6,297,075 2,623,073
1,373,534 0
4,323,360 888,072 872,415
1,222,894 225,746 159,019
4,312,449

1592

JOURNAL OF THE HOUSE

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

$

2,039,075

$

452,430

$

2,026,711

$

559,513

$

2,024,561

$

6,853,264

$

186,315

$ 12,307,038

$ 10,363,458

$ 13,190,325

$

109,837

$

13,535,986

$

0

$ 296,843,465

3. Rehabilitation Services Budget: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts...........,......................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Case Services ..............................................................................$ Special Purpose Contracts.........................................................$ Purchase of Services Contracts.................................................$ Major Maintenance and Construction......................................$ Utilities. .......................................................................................$ Postage.........................................................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted...............................................................$

Departmental Functional Budgets

Total Funds

Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs
Institute Total

$

65,508,127

$

968,949

$

511,903

$

10,471,695

$

1,998,718

$

744,540

$

53,477,653

$

12,023,096

$

28,223,910

$ 173,928,591

4. Family and Children Services Budget: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$

1,762,714 309,792
1,765,712 559,513
1,512,688 6,583,264
186,315 7,759,475 2,640,380 2,942,458
92,340 11,108,461
(1,724,899) 159,383,175
86,240,987 12,217,485 1,764,296
50,582 1,616,277 5,225,022 11,230,188
383,041 2,477,637 37,940,291
735,245 12,083,883
255,000 959,650 749,007 173,928,591 100,000 25,369,247
State Funds
13,458,346 533,969 511,903
2,851,205 593,525 744,540 0 666,969
6,008,790 25,369,247
22,204,442 3,601,014
884,107 0

TUESDAY, FEBRUARY 29, 2000

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

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Enforcement Temporary Assistance for
Needy Families SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program County DFACS Operations -
Child Support Enforcement Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Special Projects Children's Trust Fund

Total Funds

$

676,518

$

4,114,502

$

2,684,052

$

3,873,812

$

13,644,717

$

1,787,260

$

2,522,234

$

19,939,244

$

45,667,979

$ 208,245,099

$

1,122,012

$

2,795,420

$

7,223,130

$ 124,077,197

$ 103,349,456

$

3,190,752

$

8,895,675

$

72,333,381

$

23,476,986

$

26,755,956

$

46,513,118

$

4,290,503

$

33,166,733

$

18,577,389

$

7,749,161

$

33,213,311

$

10,044,785

$ 173,320,622

$

4,854,588

$

4,650,439

1593
510,512 3,695,697 31,847,124
200,000 1,596,679 4,650,439 218,535,661 8,030,098 303,682,585 52,791,463 2,037,559 358,488,651 1,012,756,031
0 368,391,356

State Funds

$

676,518

$

3,602,461

$

2,404,749

$

3,873,812

$

1,468,234

$

1,787,260

$

1,516,443

$

3,739,244

$

5,896,604

$

48,247,444

$

1,122,012

$

0

$

0

$

60,900,727

$

40,330,107

$

0

$

2,776,636

$

36,306,261

$

9,021,901

$

10,209,597

$

15,861,742

$

2,520,990

$

21,546,880

$

13,212,885

$

4,781,324

$

20,413,693

$

8,218,081

$

50,186,937

$

3,871,923

$

4,150,439

1594

JOURNAL OF THE HOUSE

Indirect Cost Total

$

0

$ 1,012,756,031

5. Community Mental Health/Mental Retardation and In
stitutions: Personal Services........................................................................$ Operating Expenses ...................................................................$ Motor Vehicle Equipment Purchases........................................! Utilities........................................................................................$ Major Maintenance and Construction......................................$ Community Services...................................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital
at Rome Georgia Regional Hospital
at Atlanta Central State Hospital Georgia Regional Hospital
at Savannah Gracewood State School and
Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Substance Abuse Residential
Services Community Mental Health Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

36,750,435 16,746,364
27,706,653
40,035,057 118,947,294
17,563,565
53,088,572 19,935,349 3,978,254 1,171,073
584,284 179,082,554
98,921,547
91,019,560 13,048,860 6,232,773 724,812,194

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 ..............................................................................$

(10,263,548) 368,391,356
292,571,721 54,213,803
200,000 9,483,250 1,962,161 366,381,259 724,812,194 1,673,274 516,427,113
State Funds
21,942,111 14,981,072
18,462,955
32,595,011 75,586,463
16,644,577
23,164,592 17,775,607 3,044,388
988,323
0 171,952,230
65,489,645
40,533,155 7,957,309 5,309,675 516,427,113
529,059,916 94,184,365 5,424,072
250,582 2,529,113 14,918,211 63,129,927 52,265,211 20,266,105 54,213,803 366,381,259 37,940,291

TUESDAY, FEBRUARY 29, 2000

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 DCH - Medicaid Benefits....................................$ Grants to County DFACS - Operations...................................$ Medical Benefits .........................................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

Section 17. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism..................................................$
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$ Local Welcome Center Contracts..............................................$ Marketing.................................................................................... $ Georgia Ports Authority Lease Rentals ...................................$ Foreign Currency Reserve .........................................................$ Waterway Development in Georgia..........................................$ Lanier Regional Watershed Commission .................................$ Georgia World Congress Center................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

14,067,633 5,297,610 2,254,113 4,379,658
266,955
2,736,877 29,002,846

Section 18. Department of Insurance. Budget Unit: Department of Insurance. Personal Services................................... Regular Operating Expenses................ Travel...................................................... Motor Vehicle Purchases.......................

1595
4,650,439 218,535,661
9,117,843 351,495,742 149,336,292 139,963,748
2,340,875 10,442,900 3,801,700 25,513,290 358,488,651 4,222,222 2,518,472,218 6,080,274 1,243,898,714

29,002,846 11,934,405 1,454,492
562,389 45,000 93,724 409,336 844,245 422,215 1,516,887 250,600 8,464,553
0 0 50,000 0 2,955,000 29,002,846 29,002,846

State Funds

$

14,067,633

$

5,297,610

$

2,254,113

$

4,379,658

$

266,955

$

2,736,877

$ 29,002,846

15,456,662 14,233,146
683,241 421,713 95,000

1596

JOURNAL OF THE HOUSE

Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................^ Telecommunications ...................................................................$ Per Diem, Fees and Contracts .........................,........................$ Health Care Utilization Review................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud Fund Total

4,735,486 5,672,360
605,057
5,088,822 824,399
16,926,124

Section 19. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice.......................................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel........ ...................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$ Utilities.... ....................................................................................$ Institutional Repairs and Maintenance ...................................$ Grants to County-Owned Detention Centers ..........................$ Service Benefits for Children....................................................$ Purchase of Service Contracts ..................................................$ Capital Outlay ............................................................................$ Juvenile Justice Reserve............................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Regional Youth Development Centers
Bill Ireland YDC Augusta State YDC Lorenzo Benn YDC Macon State YDC Wrightsville YDC YDC Purchased Services Eastman YDC Court Services

57,550,823 19,044,494 12,585,656 6,876,319 7,947,149 17,402,800 26,240,217 11,569,840 24,242,695

34,275 200,088 796,091 317,912 144,658
0 16,926,124 15,456,662
State Funds
4,735,486 5,672,360
605,057
3,619,360 824,399
15,456,662
237,128,264 139,705,017
14,371,406 1,975,130
373,576 1,220,034 3,301,765 2,095,730 2,097,744 16,485,581 3,368,520
950,885 0
28,159,686 29,759,391
0 0 243,864,465 237,128,264
State Funds
55,972,865 18,362,732 12,004,080 6,626,335 7,626,777 16,734,710 25,477,272 11,182,195 23,980,200

TUESDAY, FEBRUARY 29, 2000

Day Centers Group Homes CYS Purchased Services Sumter YDC Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Total

528,224 1,143,739 26,966,065
832,038 2,500,815
637,469 4,107,477 21,400,297 2,288,348 243,864,465

Section 20. 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 21. Department of Law. Budget Unit: Department of Law................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................! Motor Vehicle Purchases............................................................$ Equipment...................................................................................! Computer Charges......................................................................! Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................! Books for State Library.............................................................! Total Funds Budgeted................................................................! State Funds Budgeted ...............................................................$

Section 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 ...................................................................$ Total Funds Budgeted................................................................! Federal Funds.............................................................................!

1597
528,224 1,143,739 25,833,289
832,038 2,500,815
637,469 4,017,477 21,379,699 2,288,348 237,128,264
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 13,881,100
717,235 199,322 21,000 17,350 305,201 826,548 162,924 16,160,000 187,000 32,477,680 14,624,689
0 7,313,055
846,478 91,147 22,864 758,586 1,010,974 2,248,400 219,767 12,511,271
0

1598

JOURNAL OF THE HOUSE

Other Agency Funds ................................ Agency Assessments................................. Employee and Employer Contributions . Deferred Compensation ........................... State Funds Budgeted.............................

Departmental Functional Budgets

Total Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Total

1,336,640

$

4,316,771

1,994,370

4,863,490

12,511,271

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ..................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Authority Lease Rentals............................................................$ Advertising and Promotion........................................................$ Cost of Material for Resale .......................................................$ Capital Outlay: New Construction.......................................................................$ Repairs and Maintenance..........................................................$ Land Acquisition Support..........................................................$ Wildlife Management Area Land Acquisition .........................$ Shop Stock - Parks.....................................................................$ User Fee Enhancements............................................................$ Buoy Maintenance......................................................................$ Waterfowl Habitat......................................................................$ Paving at State Parks and Historic Sites................................$ Grants: Land and Water Conservation..................................................$ Georgia Heritage 2000 Grants..................................................$ Recreation.................................................................................... $ Chattahoochee River Basin Grants..........................................$ Contracts: Paralympic Games......................................................................$ Technical Assistance Contract ..................................................$ Corps of Engineers (Cold Water Creek State Park)...............$ Georgia State Games Commission ...........................................$ U. S. Geological Survey for Ground Water Resources.................................................................................$ U. S. Geological Survey for Topographic Mapping...................................................................................$ Payments to Civil War Commission.........................................$ Hazardous Waste Trust Fund...................................................$ Solid Waste Trust Fund.............................................................$

1,275,762 10,722,136
0 513,373
0
State Funds
116,144,556 79,892,075 14,451,569
670,557 1,683,825 1,906,065 2,477,014 11,791,858
774,458 1,318,709
0 675,000 1,285,056
3,106,176 2,875,500
243,750 982,330 350,000 1,300,000
74,250 0
500,000
800,000 341,000
0 0
0 0 170,047 309,438
300,000
0 143,000 12,807,746 7,102,405

TUESDAY, FEBRUARY 29, 2000

1599

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 Environmental Protection Pollution Prevention
Assistance Total

$

5,653,968

$

5,621,945

$

2,769,992

$

42,694,639

$

2,398,880

$

37,889,186

$

53,424,497

$

937,213

$ 151,390,320

B. Budget Unit: Georgia Agricultural Exposition Authority..........................................$
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Georgia Agricultural Exposition Authority

$

6,756,576

Section 24. State Board of Pardons and Parole. Budget Unit: Board of Pardons and Paroles ..............................$ Personal Services........................................................................$

2,958,492 100,000 0
151,390,320
892,085
0
2,663,931
1,432,064 200,000
116,144,556

State Funds

$

5,638,968

$

5,621,945

$

2,279,992

$

23,185,891

$

2,228,018

$

32,613,215

$

43,639,314

$

937,213

$ 116,144,556

0 3,050,798 2,580,778
25,000 0
195,000 40,000
0 70,000 795,000
0 6,756,576
0

State Funds

$

0

48,076,666 37,791,380

1600

JOURNAL OF THE HOUSE

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 25. 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............................................. Year 2000............................................................ Total Funds Budgeted........................................ Indirect DOAS Service Funding....................... State Funds Budgeted.......................................

2. Driver Services Budget: Personal Services................................................ Regular Operating Expenses............................. Travel................................................................... Motor Vehicle Purchases.................................... Equipment........................................................... Computer Charges.............................................. Real Estate Rentals ........................................... Telecommunications ........................................... Per Diem, Fees and Contracts.......................... Capital Outlay.................................................... Conviction Reports............................................. State Patrol Posts Repairs and Maintenance.. Driver License Processing................................. Total Funds Budgeted........................................ Indirect DOAS Service Funding....................... State Funds Budgeted.......................................

Departmental Functional Budgets

Total Funds

Administration Driver Services

$

23,557,807

$

24,925,164

1,697,625 555,000 230,000 190,000 591,200
3,038,958 1,165,000 2,062,003
735,500 20,000 48,076,666 48,076,666
107,904,583
64,997,358 7,721,357 104,095 4,311,500 288,190 3,156,710 28,962 2,744,147 1,132,000 145,100 0 0 212,940 84,842,359 1,650,000 82,979,419
20,226,420 1,112,113 61,941 0 62,343 0 47,262 273,300 69,000 0 303,651 34,900 2,734,234
24,925,164 0
24,925,164
State Funds
21,844,867 24,925,164

TUESDAY, FEBRUARY 29, 2000

Field Operations Total

61,284,552 109,767,523

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 ...............................................................$

Departmental Functional Budgets

Office of Highway Safety Georgia Peace Officers Standards
and Training Police Academy Fire Academy Georgia Firelighters Standards
and Training Council Georgia Public Safety
Training Facility Total

Total Funds

$

3,173,294

$

1,538,510

$

1,185,709

$

1,159,178

$

460,750

$

11,186,834

$

18,704,275

Section 26. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System..................................................$ Payments to Employees' Retirement System..........................$ Employer Contributions.............................................................$ Total Funds Budgeted................................................................! State Funds Budgeted ...............................................................$

Section 27. 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 ...............................................................$

1601
61,134,552 107,904,583
14,767,504
8,486,817 2,559,964
87,389 80,541 172,746 158,185 160,247 281,073 413,531 2,425,200 3,578,582 300,000 18,704,275 14,767,504
State Funds
386,523
1,538,510 1,095,709 1,049,178
460,750
10,236,834 14,767,504
18,602,000 575,000
18,027,000 18,602,000 18,602,000
9,356,109 8,550,722
599,588 255,400 350,124
58,306 378,286 327,795 220,072 1,546,291 12,286,584 9,356,109

1602

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

Administration Transportation Utilities Total

2,801,932

$

4,293,546

5,191,106

12,286,584

Section 28. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ..........................................$ Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Special Funding Initiative.........................................................$ Office of Minority Business Enterprise....................................$ Student Education Enrichment Program ................................$ Forestry Research.......................................................................$ Research Consortium .................................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ Departmental Income.................................................................$ Sponsored Income.......................................................................$ Other Funds................................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted...............................................................$

B. Budget Unit: Regents Central Office and Other Organized Activities...........................................$
Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$ Fire Ant and Environmental Toxicology Research .................$ Agricultural Research ................................................................$ Advanced Technology Development Center/ Economic Development Institute ..........................................$ Seed Capital Fund - ATDC .......................................................$ Capital Outlay ............................................................................$ Center for Rehabilitation Technology.......................................$ SREB Payments..........................................................................$ 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 ................$ Area Health Education Center Contracts................................$ Total Funds Budgeted................................................................$
Departmental Income.................................................................$

State Funds
2,801,932 1,636,382 4,917,795 9,356,109
1,417,049,225
1,529,157,178 215,731,047
372,351,204 637,169,805 50,340,528
1,131,712 365,217 979,646
8,660,332 1,175,000 2,817,061,669 103,648,940 852,900,852 440,423,152 3,039,500 1,417,049,225
185,482,556
301,522,127 116,575,795
134,470,359 68,133,453
0 2,708,909
18,139,002 5,000,000
300,000 5,184,122
962,525 600,000
0 1,387,150
127,604
24,410,014 0
679,521,060 3,576,811

TUESDAY, FEBRUARY 29, 2000

1603

Sponsored Income.......................................................................$ Other Funds................................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

195,411,819 294,506,374
543,500 185,482,556

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 Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

2,411,940 5,247,450 1,857,769 111,217,128
23,139,002 71,940,038 58,013,173
354,452,883
3,359,563
5,282,120 3,625,810
3,458,128 35,516,056 679,521,060

1,548,915 1,747,781 1,091,077 10,169,762
13,652,293 43,981,403 35,514,986
38,356,117
3,359,563
547,294 0
104,158 35,409,207 185,482,556

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 .......................................................$ Research Consortium - Georgia Research Alliance....................................................................! Capital Outlay ............................................................................$ Georgia Military College Computer Charges ..................................................................$ Total Funds Budgeted................................................................$ Lottery Funds Budgeted............................................................$

92,790,980
30,000,000
3,015,000 1,500,000 18,466,000
24,200,000 15,469,980
140,000 92,790,980 92,790,980

Section 29. Department of Revenue. Budget Unit: Department Revenue .............................................$

216,107,558

1604

JOURNAL OF THE HOUSE

Personal Services........................................................................$ Regular Operating Expenses.....................................................! Travel................ ...........................................................................$ Motor Vehicle Purchases............................................................$ Equipment.. .................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................! 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 ...............................................................$

Departmental Functional Budgets

Total Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

46,161,657 8,918,336 12,116,330 17,643,052 8,913,730 19,044,280 8,613,241
87,815,302 4,955,574 20,000 4,601,401 2,683,110
221,486,013

Section 30. 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

4,387,012

68,114,477 5,897,544 1,137,518
209,605 313,114 16,643,346 2,914,564 3,341,779 1,933,600 3,422,795
0 2,404,350 4,175,880 27,977,441 83,000,000 221,486,013 3,845,000 216,107,558

State Funds
46,161,657 8,768,336 11,101,130 17,503,052 8,613,730 17,744,280 8,613,241
86,081,847 4,855,574 20,000 3,961,601 2,683,110
216,107,558
29,064,645 17,981,474 3,167,087
225,650 168,720 127,876 3,005,695 2,829,398 790,137 1,172,708 640,900 30,109,645 29,064,645

State Funds

!

4,357,012

TUESDAY, FEBRUARY 29, 2000

Archives and Records Business Services -
Corporations Business Services - Securities Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

$

5,136,308

$

2,594,443

$

2,056,834

$

4,523,184

$

1,351,977

$

389,165

$

9,424,325

$

246,397

$

30,109,645

B. Budget Unit: Real Estate Commission . Personal Services....................................... Regular Operating Expenses.................... Travel.......................................................... Motor Vehicle Purchases........................... Equipment.................................................. Computer Charges..................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts................. Total Funds Budgeted............................... State Funds Budgeted.............................

Departmental Functional Budgets

State Funds

Real Estate Commission

$

2,295,018

Section 31. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission ..............................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel.. .........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ County Conservation Grants.....................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 32. 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 ...................................................................$

1605
5,061,308
1,874,443 2,006,834 4,503,184 1,351,977
389,165 9,274,325
246,397 29,064,645
2,295,018
'175^000 18,000 30,000 7,665
268,033 170,085 62,000 133,000 2,295,018 2,295,018

Cost of Opera tions

$

2,335,018

2,251,949
'389^285 39,850 28,914 13,253 10,300 122,258 26,926 426,907 86,000
2,612,199 2,251,949
33,921,783 532,701 22,680 18,600 0 5,500 25,233 59,589 18,691

1606

JOURNAL OF THE HOUSE

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.........................................

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

33,186,136
735,647 33,921,783

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 33. 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 ...............................................................$

52,653 0
4,610,455 27,372,520
0
81,700 320,625
65,075 95,000 127,049
0 513,712 33,921,783 33,921,783
State Funds
33,186,136
735,647 33,921,783
210,381,363 111,497,102 31,981,035 27,567,229
0 33,547,000
693,422 225,575 3,500,000 845,000 525,000 210,381,363 210,381,363
3,215,000 7,322,760
397,300 20,500
0 23,950 1,061,717 622,335 284,987 389,300
0 3,050,000
165,000 0
13,337,849 3,215,000

TUESDAY, FEBRUARY 29, 2000

1607

Section 34. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education.......................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Salaries and Travel of Public Librarians ................................$ Public Library Materials ...........................................................$ Talking Book Centers ................................................................$ Public Library Maintenance and Operation............................! Capital Outlay ............................................................................$ Personal Services-Institutions...................................................$ Operating Expenses-Institutions...............................................$ Area School Program .................................................................$ Adult Literacy Grants................................................................$ Regents Program........................................................................$ Quick Start Program..................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Institutional
Programs Total

$

10,803,724

$ 332,841,957 $ 343,645,681

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 35. 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 ..................................................$

266,389,356 7,365,399 574,232 177,380 24,658 184,271 870,529 450,787 1,009,682 146,786 16,534,234 6,045,458 1,104,526 7,743,105 2,567,500
199,705,237 58,469,464 6,218,967 19,420,938 3,600,628 11,431,900 343,645,681 265,389,356

State Funds

$

7,720,074

$ 257,669,282 $ 265,389,356

26,982,049

0 1,000,000

0 25,982,049
0 26,982,049 26,982,049

593,399,631 265,143,196 62,077,029
2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919 69,683,518

1608

JOURNAL OF THE HOUSE

Capital Outlay...................................................... Capital Outlay - Airport Aid Program............... Mass Transit Grants............................................ Harbor Maintenance/Intra-Coastal Waterways
Maintenance and Operations........................... Contracts with the Georgia Rail
Passenger Authority......................................... Total Funds Budgeted.......................................... State Funds Budgeted.........................................

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 1,141,955,134

$ 242,575,931

$

17,859,379

$

34,571,796

$ 1,436,962,240

General Funds Budget

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

$

85,000

$

0

$

2,985,502

$

45,091,794

$

710,855

$

48,873,151

Section 36. 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................................................................... Capital Outlay............................................................................ WWII Veterans Memorial.......................................................... Regular Operating Expenses for Projects and Insurance ......................................................................... Total Funds Budgeted................................................................ State Funds Budgeted...............................................................

Departmental Functional Budgets

Total Funds

Veterans Assistance Education and Training Veterans Nursing Home-

$

22,316,359

$

0

1,016,353,992 5,841,866
33,052,000
710,855
761,338 1,485,835,391
593,399,631

State Funds

$ 295,689,552

$ 225,093,946

$

17,299,379

$

33,788,121

$ 571,870,998

85,000 0
2,507,391 18,225,387
710,855 21,528,633
21,398,772 5,401,527 253,108 92,245 53,000 492,660 27,080 269,784 82,020 14,389,340
7,724,029 783,095 128,000
692,500 30,388,388 21,398,772

State Funds

$

16,258,047

$

0

TUESDAY, FEBRUARY 29, 2000

1609

Augusta Total

8,072,029 30,388,388

5,140,725 21,398,772

Section 37. 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.............................................

11,615,616 9,495,810
438,815 130,600
0 16,164 253,320 1,201,575 239,930 99,402
0 11,875,616 11,615,616

Section 38. 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)..............................

441,339,053 35,000,000 476,339,053

B. Budget Unit: State of Georgia General
Obligation Debt Sinking Fund State General Funds (New).................................... ,................$ Motor Fuel Tax Funds (New).................................. ................$
$

53,958,710 0
53,958,710

Section 39. 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.

1610

JOURNAL OF THE HOUSE

Section 40. Provisions Relative to Section 4, Department of Administrative Ser vices. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 1999 of all vehicles purchased or newly leased during Fiscal Year 1999.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 etseq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 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 41. Provisions Relative to Section 5, Department of Agricul ture. Provided, that of the appropriation relative to Indemnities, $15,000 is designated and committed to control infestation by the small hive beetle and American foul brood.

Section 42. 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:

Purpose

Amount

City of Acworthy City of Acworth City of Adairsville City of Adel City of Alamo
City of Albany City of Albany City of Albany City of Alma

Purchase aluminum bleachers for city parks in Acworth
Purchase video cameras for patrol cars in Acworth
Replacement or renovation of police department building in Adairsville
Purchase/install emergency warning system in Adel
Operating funds for the Ocmulgee Regional Library System (Wheeler County Library) in Alamo
Operation of Slater King Adult Rehabilitation Day Center in Albany
Operation of after school tutorial program for students in East Albany
Lights for 8th Avenue ball field in City of Albany
Construction of law enforcement training center and firearms qualification range in City of Alma

$ 10,000

$ 10,000

$ 25,000

$

7,500

$ 25,000 $ 35,000 $ 20,000 $ 25,000

$

5,000

TUESDAY, FEBRUARY 29, 2000

City of Alma
City of Americus City of Andersonville Appling County Appling County Board
of Education City of Aragon City of Arcade Athens/Clarke County
Athens/Clarke County
Athens/Clarke County Athens/Clarke County Athens/Clarke County Atkinson County Board
of Education City of Atlanta City of Atlanta City of Atlanta City of Atlanta
City of Atlanta City of Atlanta City of Atlanta City of Atlanta City of Atlanta Board
of Education City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta
City of Augusta

Purchase computer and software, safety fence and install covered walkways at ABC Child Development Center in Alma
Renovate Rylander Theater in Americus Repairs of Holloway Building in
Andersonville Operating funds for the Welcome Center
in Appling County Purchase band uniforms and
instruments for Appling County Schools Operation of recreation facility
in the City of Aragon Install water line in City of Arcade Repairs to Rutland Psycho Educational
Services Center in Athens/Clarke 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 the NE Georgia Food Bank in Athens/Clarke County Purchase band uniforms and lighting at Atkinson County Schools Operate Atlanta Consultant Aftercare Georgia Prison and Parole Task Force Operation of Georgia Soccer Foundation Operate Paradise Baptist Church after school program in Atlanta Operating funds for the School of Library and Information Programs at Clarke-Atlanta University 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 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 Operating funds for Community Care (Kids in Juvenile Care) in Fulton County Operation of child advocacy center in Augusta

1611

$

9,694

$ 100,000

$ 10,000

$

5,000

$ 20,000

$ 10,000 $ 25,000

$ 75,000

$ 10,000 $ 10,000
$ 10,000
$ 25,000
$ 20,000
$ 30,000 $ 30,000
$ 20,000

$ 500,000 $ 15,000 $ 25,000 $ 20,000 $ 50,000 $ 25,000

$ 50,000 $ 50,000

$ 50,000

$ 20,000 $ 40,000

1612 City of Augusta
City of Augusta
City of Augusta City of Augusta Augusta/Richmond
County
Augusta/Richmond County Board of Education
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Bacon County
City of Baconton City of Bainbridge
Baker County Baldwin County
Baldwin County Baldwin County

JOURNAL OF THE HOUSE
Construct fields and install additional lighting at Master City Little League
Operation of the "Shirley Bladke Burn Retreat" at the Southeastern Firefighters Burn Foundation in Augusta
Operation of the Augusta Clean and Beautiful Program
Purchase equipment/install lighting at West Augusta Little League
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
Operation of Augusta-Richmond County Fire Rescue Safety House
Installation of a therapeutic whirlpool at Belle Terrace Swim CenterAugusta Recreation and Parks Department
Operating funds for Augusta Youth Center
Operate the Augusta/Richmond County Museum
Restoration and equipment in VFW Building and Masonic Lodge in Bacon County
Improvements to public water delivery service in Baconton
Construct the Southwest Georgia Welcome Center in Bainbridge including land acquisition, improvements and other capital outlay or development costs
Provide funds for site preparation for Baker Elementary School
Develop master plan for Georgia College and State University campus in Baldwin County
Operation of Oconee Prevention Resource Council Inc. in Baldwin
Purchase fireboat for Baldwin County Fire Department

$ 15,000
$ 55,000 $ 20,000 $ 15,000

$ 37,000

$ 30,000 $ 10,000

$

5,000

$ 25,000

$

5,000

$

5,000

$ 10,000

$ 1,554,600 $ 25,000
$ 10,000 $ 10,000 $ 35,000

TUESDAY, FEBRUARY 29, 2000

Baldwin County Board of Education
Baldwin County Board of Education
Baldwin County
Banks County City of Barnesville
Barrow County Barrow County Bartow County
Bartow County Bartow County Bartow County
Bartow County Ben Hill County
Ben Hill County City of Berlin Berrien County Berrien County Berrien County Board
of Education Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County Bibb County

Operation of STAR program in Baldwin County Schools
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
Micro-filming of records in Banks County Purchase automated external
defibrillators and an air respiration system for City of Barnesville Operation of Peace Place Inc. Shelter for battered women in Barrow County Renovate Peace Place, Inc., a battered women's shelter in Barrow County Construct a water facility and expand industry for industrial park in County Operation of child advocacy center in Bartow County Purchase equipment for Folsom Fire Station in Bartow County Purchase equipment for Pine Log Volunteer Fire Department in Bartow County Replace vehicle Bartow County transportation of retarded children Restoration on e-wing of building and air conditioning for after school learning center in Ben Hill County Improvements to Ben Hill County landing Roof repair on community center in Berlin Purchase equipment for livestock show barn in Berrien County Purchase computer system for the Berrien County Sheriff Department Purchase band instruments for Berrien County High School Operation of the Lighthouse Mission in Bibb 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 Develop recreation property for South Bibb County

1613 $ 25,000

$ 25,000
$ 10,000 $ 20,000

$ 15,000 $ 15,000 $ 10,000

$ 240,000 $ 40,000 $ 25,000

$ 25,000 $ 75,000

$ 10,000 $ 15,000

$

5,000

$ 10,000

$ 25,000

$ 10,000

$ 100,000

$ 75,000

$ 15,000

$ 30,000

$ 50,000

$ 50,000

$ 40,000

1614
Bibb County Bibb County Bibb County Bibb County Bibb County City of Blackshear City of Blakely City of Blakely Bleckley County City of Bloomingdale
City of Boston
City of Bowersville Brantley County City of Bremen City of Bremen Brooks County Brooks County City of Broxton City of Brunswick City of Brunswick City of Brunswick Bryan County Board
of Education Bryan County Board
of Education Bryan County City of Buchanan Bulloch County
Butts County

JOURNAL OF THE HOUSE

Operation of Macon Mentoring Program

in Bibb County

15,000

Operating funds for Mid Georgia Council

on Drugs in Bibb County

25,000

Operating funds for the Tubman Museum

in Bibb County

15,000

Operating funds for Bibb County Teen

Court

15,000

Purchase band uniforms for Central High

School in Bibb County

10,000

Purchase equipment and improvements to

Old Depot Building in Blackshear

5,000

Renovation of gym in Blakely

15,000

Replace water lines and fire hydrants

in the City of Blakely

20,000

Operating funds for Bleckley

Fire Department

15,000

Repairs and equipment for softball

and baseball fields in

Bloomingdale

$ 10,000

Renovate library to be used as

multi-purpose community center in

Boston

$ 20,000

Enhancement to city infrastructure

in Bowersville

$ 10,000

Operating expenses for constituent

services program in Brantley County

$

5,000

Operating expenses for Bremen Schools

$ 50,000

Operating expenses for Bremen

recreation facility

$ 15,000

Renovate community center in Simmon

Hill, Brooks County

$ 10,000

Construct Tallokas Community Fire House

in Brooks County

$ 12,000

Rehabilitation of city hall in Broxton

$

5,000

Replace recreation equipment in

Goodyear Park, City of Brunswick

$ 20,000

Replace recreation equipment in College

Park, City of Brunswick

$ 20,000

Construct a permanent location at City

Dock for area shrimpers in Brunswick

$ 10,000

Purchase uniforms, equipment, and

supplies for Bryan County

athletic teams

$ 15,000

For school activities by Bryan High

School Booster Club and Hendrix Park

Expansion

$ 50,000

Purchase equipment for emergency fire

vehicle in Bryan County

$ 10,000

Operating expenses for Buchanan

recreation facility

$ 15,000

Construct restroom building adjacent

to soccer complex at Mill Creek

Park, Statesboro in Bulloch County

$ 10,000

Purchase equipment for the Butts

County Fire Department

$ 30,000

TUESDAY, FEBRUARY 29, 2000

Butts County
City of Byron City of Byron City of Byron City of Cadwell Calhoun County Board
of Education City of Cairo Camden County City of Camilla Candler County
City of Canon City of Carnesville City of Cartersville City of Cave Spring City of Cave Springs City of Cecil City of Cedartown City of Centerville City of Centerville/
Houston County City of Chamblee City of Chamblee
Charlton County Charlton County Chatham County Chatham County Chatham County Chatham County Chatham County

Purchase equipment, renovate playground, and repair tennis courts in Butts County
Develop downtown park in City of Byron Operation of a city park in Byron Purchase equipment and improvements
for Byron City Park Operating funds for City of Cadwell Resurface track at Calhoun County High
School Repairs to Roddenberry Memorial Library
in Cairo Operation of Risk Watch Program at
the Camden County Fire Rescue Unit Improvements to a recreational
complex in Camilla Purchase equipment and supplies for the
communications center in Candler County Operating funds and equipment at Canon City Community Center Construction on Carnesville recreational complex Operation of recreation facility in the City of Cartersville Purchase water pump for water system in Cave Spring Repair roof for Georgia School for the Deaf Purchase fire fighting equipment for volunteer fire department in Cecil Operation of recreation facility in the City of Cedartown Operating funds for the Senior Citizen Building in Centerville Operating expenses for Centerville/Houston County Fire Department Improvements to computers at Elaine Clarke Center in City of Chamblee Operation of a multi-use recreational facility in the City of Chamblee Repairs and maintenance of county buildings in Charlton County Purchase radio communication equipment for Southern Charlton County Construct firing range at Armstrong State University in Chatham County Operation of Historic Lucas Theater in Chatham County Operating funds for the Roundhouse Center Complex in Chatham County Operating funds for Bamboo Farm and Coastal Gardens in Chatham County Outdoor Kiosk-Highway 21 to 1-95 in Chatham County

1615

15,000 50,000 10,000
5,000 10,000
10,000
10,000
90,528
25,000
$ 10,000 $ 15,000 $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 7,500 $ 25,000 $ 25,000
$ 25,000
$ 15,000

$ 20,000

$

5,000

$ 25,000

$ 25,000

$ 50,000

$ 100,000

$ 25,000

$ 10,000

1616

JOURNAL OF THE HOUSE

Chatham County Chatham County
Chatham County
Chatham County Chatham County Chatham County
Chattahoochee Board of Education
Chattooga County
Chattooga County Chattooga County Board
of Education City of Chester City of Chickamauga Clarke County Clay County Clay County Clay County Clayton County Board
of Education
Clayton County Board of Education
Clayton County Board of Education
Clayton County Board of Education

Repairs for Cooper Center in Garden City Repairs and improvements to the
Ogelthorpe 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 Promote tourism in Chatham County including land acquisition improvements and other capital outlay or development costs Purchase equipment and supplies for the Chattahoochee Board of Education Improvements to the water line at Chattooga County Cloudland Water System Purchase 'Jaws of Life' for Gore Fire Department in Chattooga County Construct a computer technology shop for for Chattooga High School in Chattooga County Establish a Chester City Police Department Historic preservation and paving in Chickamauga Operation of Strong Day Recovery Residence in Clarke County Operation of the Clay County EMS/ ambulance services Planning funds for the Clay County Airport Operating expenses for EMS/ambulance services in Clay County $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 for Pointe South Middle, North Clayton Middle, Riverdale Middle, and Riverdale High School 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

$

5,000

$ 45,000

$ 50,000 $ 100,000 $ 30,000

$ 3,650,000 $ 50,000

$ 50,000 $ 10,000

$ 37,000

$

5,000

$ 15,000

$ 10,000

$ 20,000

$ 15,000

$ 10,000

$ 75,000

$

7,500

$

7,500

$ 12,000

TUESDAY, FEBRUARY 29, 2000

1617

Clayton County Board Purchase circulating media table and

of Education

projection device for Kemp Elementary

in Clayton County

$ 10,000

Clayton County

Calvary Refuge Center - operation

of emergency shelter and refuge

center for misplaced persons in

Clayton County

$ 30,000

Clayton County

Reynolds Nature preserve - park

development/enhancements in Clayton

County

$ 60,000

Clayton County Board Purchase safety cameras for school buses

of Education

in Clayton County

$ 10,000

Clayton County

Forest Park Athletic Complex - remodel

concession stand and purchase

equipment in Clayton County

$ 25,000

Clayton County

Construct child care center for

Youth Empowerment Project in Clayton

County

$ 40,000

Clayton County

Operation of the Arts Clayton, Inc.

in Clayton County

$ 25,000

Clayton County

Operation of the Alzheimer's Support

Services in Clayton County

$ 50,000

City of Climax

Purchase fire equipment in City of

Climax

$

5,000

Clinch County

Operation of Bridges of Hope in Clinch

County

$ 10,000

Clinch County

Renovate/install canopy at Clinch County

Recreation Park

$

5,000

Cobb County

Renovations to and lighting for

Clarksdale Village Baseball Fields

(Southwest Baseball Association, Inc.)

in Cobb County

$ 20,000

Cobb County Board

Foundation 2000 for Children improve

of Education

educational facilities in Cobb County

$ 25,000

Cobb County Board

Improve educational facilities for South

of Education

Cobb High School Education Foundation $ 15,000

Cobb County Board

Purchase equipment and renovate North

of Education

Cobb High School stadium

$ 10,000

Cobb County Board

Purchase of two sousaphones for North

of Education

Cobb High School

$

5,000

Cobb County Board

Brumby Elementary School- Provide

of Education

covered walkways and landscape in Cobb

County

$ 10,000

Cobb County Board

Teasley Elementary School - Provide

of Education

wiring upgrades and covered walkways

in Cobb County

$ 10,000

Cobb County

Expansion of the Cobb County Youth

Museum, Inc.

$ 25,000

Cobb County Board

Sprayberry High School- build

of Education

field house in Cobb County

$ 35,000

Cobb County

Purchase/install lights for Clarksdale

Village Baseball Fields (Southwest

Baseball Association, Inc.) in

Cobb County

$ 15,000

Cobb County Board

Construction of multi-purpose outdoor

of Education

classroom at Pope High School in

Cobb County

$ 50,000

1618

JOURNAL OF THE HOUSE

Cobb County Board of Education
Cobb County Board of Education
Cobb County
City of Cobbtown City of Cochran Coffee County
Coffee County
Coffee County
Coffee County Board of Education
Coffee County Board of Education
City of Colquitt
Colquitt County
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbia County Board of Education
Columbia County
Columbia County
Columbia County Board of Education
Columbia County
Columbia County Board of Education
Columbia County Board of Education
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County

Construct an athletic facility for Campbell High School in Cobb County
Purchase musical instruments and computer equipment for Autry Middle School in Cobb County
Operation of the Cobb County Collaborative
Upgrade softball field in Cobbtown Operating funds for Cochran Arts Center 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
Planning, design and renovation of historic building in City of Colquitt
Purchase turnout gear for the Colquitt County Volunteer Fire Department
Operating funds for the Columbia County School System
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
Purchase air packs and equipment for Appling Volunteer Fire Department in Columbia County
Purchase safety lighting for baseball field at Greenbriar High School in Columbia County
Landscape, erosion control and improvements to playground at Blue Ridge Elementary in Columbia County
Operation of foreign language program in Columbia County schools
Playground improvements at South Columbia Elementary
Operation of Peabody Against Drugs
Operation of BTW Against Drugs
Operation of SW Muscogee Against Drugs
Operation of prison rehabilitation in Muscogee County

$ 20,000

$

3,000

$ 20,000

$

5,000

$ 10,000

$

5,000

$

5,000

$ 10,000

$ 10,000

$

1,500

$ 10,000

$ 10,000

$ 340,000

$

5,000

$ 10,000

$ 10,000

$ 10,000

$ 10,000

$ 25,000

$

5,000

$ 50,000

$

5,000

$

5,000

$

5,000

$ 20,000

$ 20,000

TUESDAY, FEBRUARY 29, 2000

Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
City of Columbus
City of Columbus
City of Columbus
City of Columbus
City of Columbus
City of Commerce Board of Education
City of Concord City of Conyers
Cook County Board of Education
Coweta County
Coweta County

Operation of the "Winterfield on the Move" in Muscogee County
Operation of the "Veterans Life Action Center" in Muscogee
Operation of the Columbus Community Center Outreach Program in Columbus/ Muscogee County
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
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
Columbus Youth Network outreach program for disadvantaged youth in Columbus/Muscogee 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
Operation of Easter Seals Program of West Georgia in Columbus
Operating funds for Outreach ProgramBoys Club of Columbus, Inc
Purchase/install heating and cooling unit for Commerce High School gym
Water system improvements in Concord Development of Big Haynes Creek
Nature Center Pave sidewalk at Cook County Middle
School along Elm Street Construct the Coweta Central Education
Center for a Governor's Education and Reform Study Commission (GERSC) pilot project including land acquisition, improvements and other capital outlay or development costs Equip Senior Center rooms in Newnan/Coweta County

1619
$ 25,000 $ 25,000
$ 25,000
$ 15,000 $ 35,000 $ 50,000
$ 100,000 $ 25,000 $ 15,000
$ 25,000 $ 20,000 $ 25,000
$ 15,000 $ 100,000
$ 25,000 $ 100,000 $ 40,000 $ 120,000 $ 20,000 $ 10,000 $ 50,000 $ 50,000
$ 7,000,000 $ 10,000

1620 Crawford County Crisp County City of Cuthbert
City of Dallas City of Dalton City of Dalton City of Danville City of Darien
City of Darien City of Dawson City of Dawson City of Dearing
City of Decatur DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education DeKalb County DeKalb County

JOURNAL OF THE HOUSE

Operation of Crawford County Recycling

Center

$

Operating funds for the Arts Alliance in

Crisp County

$

Cuthbert Housing Authority- Construct

an assisted living and Alzheimer

facility in Cuthbert

$

Renovations to the Dallas Theater and

Civic Complex

$

Operation of the Northwest Georgia

Girls Home

$

Operation of Northwest Georgia Girl's

Home in Dalton

$

Repairs and equipment for the Danville

Police Department

$

Purchase computer equipment for

Mclntosh County Sheriffs' Department

in Darien

$

Repairs to Fort King George Quarters

Barrack in Darien

$

Install central air and heating at

Carnegie Library in Dawson

$

Renovation of downtown building by

Dawson Downtown Development Authority $

Operation of the Center for Applied

Nursery Research in the City of

Dealing

$

Repair of sidewalk in City of Decatur

$

Design and construction for DeKalb

County Children's Shelter for two

therapeutic group homes

$

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

$

Make improvements to the Briarwood

Recreation Center and grounds 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

$

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

$

Operation of the Senior Connection

in DeKalb County

$

Develop master plan for Dresden

Park in DeKalb County

$

15,000 10,000
10,000 100,000 20,000 25,000 50,000
5,000 25,000 30,000 50,000
20,000 12,000
38,000
10,000 25,000
10,000
10,000
25,000 10,000
12,000 13,000 2,000 20,000

TUESDAY, FEBRUARY 29, 2000

DeKalb County
DeKalb County Board of Education
DeKalb County
DeKalb County Board of Education
DeKalb County DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education
DeKalb County DeKalb County Board
of Education DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education DeKalb County
DeKalb County DeKalb County DeKalb County

Operation of Scottdale Child Development & Family Resources Center of Central DeKalb
Stone Mountain Middle School for purchase of marquee in DeKalb 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 Changed Living Recovery Residence, Inc. in DeKalb County
Operate Youth Vision Industry Business Empowerment, Inc.
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
Beautification projects in DeKalb County Beautification project at Glenhaven
Elementary in DeKalb County Contract for services from Operation
Dignity in DeKalb County Operation of neighborhood after school
programs in DeKalb County Purchase school supplies for Decatur
Arts Academy Purchase of equipment and supplies
for DeKalb County Sheriff Reserve Clarkston Community Center Foundation for Old Clarkston High renovations in
DeKalb 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 Wade-Walker Park - repairs and operations in DeKalb County Operation of Positive Growth, Inc. in DeKalb County

1621

$ 20,000

$

5,000

$ 25,000

$ 10,000 $ 25,000 $ 40,000

$

5,000

$ 10,000 $ 10,000

$

5,000

$ 15,000

$ 15,000

$

2,000

$

2,000

$ 25,000 $ 75,000 $ 25,000

$

6,000

$

8,000

$

7,500

$

7,500

$ 30,000

$ 25,000

1622 DeKalb County
DeKalb County DeKalb County DeKalb County
DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County DeKalb County City of Dexter City of Dillard Dodge County Dodge County City of Donaldsville Dooly County Dougherty County
Dougherty County Dougherty County Dougherty County Dougherty County Douglas County Douglas County Douglas County Board
of Education Douglas County Board
of Education City of Douglas

JOURNAL OF THE HOUSE
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
Operation of The Legacy Program in DeKalb County for the Decatur Chapter of 100 Black Women, Inc.
Make improvements to and purchase program equipment and materials for Mark Trail Recreation Center
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
Operation of Safe Haven program in DeKalb County
Operation of the Legacy Program in DeKalb County
Upgrade of technology in Dexter Renovation of school building in Dillard Improvements to facilities at Eastman/
Dodge County Recreation Department Operating funds for Eastman Dodge
County Development Authority Purchase equipment for the Donaldsville
City Fire Department Purchase/install elevator at the
Dooly County Courthouse 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 Provide for a feasibility study for Dougherty County recreation facility Promote Flint River Tourism in Dougherty County Operation of Lithia Springs Library in Douglas County Purchase equipment for Lithia Springs Library in Douglas County Equipment for integrated info systems technology lab at Lithia Springs High School in Douglas County Purchase equipment for Lithia Springs High School in Douglas County Purchase HAZMAT Trailer for Douglas Fire Department

$ 75,000 $ 25,000 $ 10,000

$ 50,000

$ 25,000

$ 40,000

$ 35,000

$ 25,000

$ 50,000

$ 10,000 $ 15,000 $ 35,000

$

5,000

$ 25,000

$ 10,000

$ 100,000

$ 10,000

$ 25,000

$ 10,000

$ 90,000

$ 150,000

$ 25,000

$

5,000

$ 25,000

$ 10,000

$

5,000

TUESDAY, FEBRUARY 29, 2000

City of Douglas City of Dublin City of Dublin City of Dudley City of Duluth City of East Dublin City of East Point
City of East Point City of Eastman Echols County Effingham County Board
of Education Effingham County Effingham County City of Doerun Effingham County
Elbert County Elbert County Elbert County Elbert County Emanuel County Emanuel County Board
of Education Emanuel County Emanuel County Emanuel County City of Emerson City of Enigma
City of Euharlee Fannin County

Renovation and concession stand for Wheeler Park in Douglas
Monument to public safety officers in Dublin
Relocate utilities for road improvements in Dublin
Water and sewer upgrades for Dudley Elementary School
Construct a community center for Taylor Park in Duluth
Relocate water and sewers in East Dublin
Transportation for therapeutic recreation program participants in East Point
Operation of project to identify behavioral problems in East Point
Operating funds for Magnolia Theater in Eastman
Renovate recreation building in Statenville, Echols County
Renovation of Old Ebenezer One-Room School in Effingham County
Construction of public safety facility in Effingham County
Improve Jaycee Park in Rincon, Effingham County
Upgrade and maintenance at recreation facility in Doerun
Purchase fire fighting equipment for Sand Hill Fire Department in Effingham County
Elbert County Airport improvements Renovate Elberton Arts Theater in
Elbert County Construct facilities at William
Recreation Park in Elbert County Replace worn out band instruments -
Elbert County High School Purchase equipment for Emanuel
County Library Purchase band uniforms for Emanuel
County Institute Band Operation of the East Georgia
Health Cooperative in Emanuel County Repairs/renovation of Emanuel County
Arts Council facility Operating funds for Emanuel County Improvements to recreation facility in
the City of Emerson Purchase fire fighting equipment for
volunteer fire department in City of Enigma Operation of recreation facility in the City of Euharlee Renovation and repair of Fannin County Courthouse

1623

$

5,000

$ 10,000

$ 10,000

$ 15,000

$ 60,000

$ 15,000

$ 50,000

$ 30,000

$ 10,000

$ 40,000

$ 10,000

$ 500,000

$

8,000

$ 10,000

10,000 32,000
25,000 $ 50,000 $ 3,000 $ 10,000 $ 10,000 $ 75,000 $ 15,000 $ 38,000 $ 15,000

$ 7,500 $ 15,000 $ 5,000

1624
Fannin County
City of Fargo
City of Fargo
Fayette County Board of Education
City of Fitzgerald
Floyd County Board of Education
Floyd County Board of Education
City of Folkston City of Ft. Gaines
City of Fort Oglethorpe
City of Fort Valley
City of Fort Valley
Franklin County
Franklin County
City of Franklin Springs
Fulton County
Fulton County
Fulton County
Fulton County Board of Education
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County
Fulton County Board of Education

JOURNAL OF THE HOUSE
Renovation of the Epworth Community Center
Partial re-roofing and renovation of school building in Fargo
Renovate Old Fargo Elementary School building
Purchase security fence for playground Kedron Elementary in Fayette County
Construct an American Legion Memorial in City of Fitzgerald
Operate Children Helping Children in elementary schools of Rome, Floyd County
Purchase band uniforms for Pepperell High School in Floyd County
Promotion of tourism in Folkston Renovation of senior citizen building
in Fort Gaines Purchase fire department equipment
and downtown development in Fort Oglethorpe Purchase of new streetlights for downtown area in Fort Valley Repair roof for theater project at the Fort Valley Downtown Development Authority Purchase equipment for Gumlog Volunteer Fire Department in Franklin County Construction of county recreation park in Franklin County Emergency repair to city water/ sewer system in Franklin Springs Operating funds for Atlanta Fulton Action Agency Operation of the Council on Minority Health and Education of Metropolitan Atlanta, Inc Renovation and purchase of equipment for Autry Mill Nature Preserve in Fulton County Purchase novel sets for Centennial High School in Fulton County 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 Operate Project Prevent through Emory University in Fulton County Operate My House emergency shelter through Emory University in Fulton County Construction and equip an arboretum outdoor classroom at Dolvin Elementary in Fulton County

$ 10,000 $ 20,000 $ 100,000 $ 20,000 $ 10,000

$ 25,000

$ 25,000

$

2,500

$ 10,000

$ 10,000 $ 50,000

$ 10,000 $ 10,000 $ 15,000 $ 15,000 $ 30,000

$ 50,000

$

5,000

$ 10,000

$ 20,000

$ 75,000

$ 50,000

$ 25,000

$ 25,000

$ 20,000

TUESDAY, FEBRUARY 29, 2000

1625

Fulton County

Operating funds for Atlanta Fulton

Action Agency

$ 50,000

Fulton County

Restoration and repairs to Williams-

Payne Museum building in Fulton County $ 40,000

Fulton County

Operating funds for the Southwest

Hospital in Fulton County

$ 100,000

Fulton County

St. Paul's Golden Age Center-for

equipment, operations and staff

training in Fulton County

$ 25,000

Fulton County

Operation of the Carrie Steele-Pitts

Home in Fulton County

$ 25,000

Fulton County

Renovations to the Southwest Community

Hospital to make ADA

compliant in Fulton County

$ 50,000

Fulton County

Operation of Georgia Coalition of

Black Women internship in Fulton

$ 30,000

City of Funston

Purchase office equipment and

computers for City of Funston

$

5,000

City of Gainesville

Purchase, plan and develop neighborhood

park in Gainesville

$ 40,000

City of Gainesville

Purchase playground equipment for south

side community in Gainesville

$ 10,000

City of Garden City

Renovate gym to multipurpose center

in Garden City

$ 10,000

City of Garden City

Promote tourism in City of Garden

City including land acquisition,

improvements and other capital outlay

or development costs

$ 150,000

Georgia Mountain RDC Operation of Boys and Girls Clubs

in Georgia Mountain RDC

$ 10,000

Georgia Mountain RDC Construct a teaching facility for

Elachee Nature Science Center

for Georgia Mountain RDC

$

5,000

City of Gibson

Purchase of computer and software for

the Gibson Police Department

$

7,500

Gilmer County

Purchase a Class A fire truck

for Gilmer County

$ 10,000

Glascock County

Construction of an auxiliary fire

station in Glascock County

$ 10,000

Glascock County

Purchase a police car for the Glascock

Sheriff Department

$ 10,000

City of Glennville

Glennville Recreation Department -

construct storage facility

addition and purchase playground

equipment

$ 10,000

Glynn County

Improvements and repairs to Epworth

and Thalmann Parks in Glynn County

$ 20,000

Glynn County

Renovate and purchase computer equipment

for St. Simons Island Library

in Glynn County

$ 20,000

Glynn County Board

Purchase air conditioning at the

of Education

Glynn Academy High School

$ 25,000

Glynn County

Operation of the Speech, Hearing

and Rehabilitation of Coastal Georgia,

Inc. in Glynn County

$ 25,000

Grady County

Show barn and livestock facility

improvements in Grady County

$ 25,000

1626

JOURNAL OF THE HOUSE

City of Gray

Rebuild and repaint fire equipment

for Gray Fire Department

$

Greene County

Restoration of the historic Dr.

Calvin M. Baber House in Greene County $

Greene County

Restoration of historic Greensboro

Gymnasium in Greene County

$

Greene County

Repair and recarpet the Greene County

Library

$

Greene County

Purchase land to develop a

recreation complex in Greene County

$

City of Grovetown

Renovation of Grovetown Community Center $

City of Guyton

Purchase trailer mounted aerial

lift in Guyton

$

City of Guyton

Purchase playground equipment for

City of Guyton

$

Gwinnett County Board Construct a stadium facility at South

of Education

Gwinnett High School

$

Gwinnett County Board Stadium renovation for South Gwinnett

of Education

High School

$

Gwinnett County Board Purchase equipment for Berkmar Diamond

of Education

Booster Club at Berkmar High School

in Gwinnett County

$

Gwinnett County Board Improvements to athletic

of Education

facilities at Shiloh High School

in Gwinnett County

$

Gwinnett County Board Restoration of 1890 school house in

of Education

Gwinnett County

$

Gwinnett County

Norcross High School trip to

Washington DC (Gwinnett County)

$

Gwinnett County Board Purchase educational materials and

of Education

equipment for Rockbridge Elementary

in Gwinnett County Schools

$

Gwinnett County Board Playground repair, enhancement and

of Education

equipment and math intervention

program materials for Nesbit

Elementary School in Gwinnett County

$

Gwinnett County Board Travel expenses for Norcross High School

of Education

Band in Gwinnett County

$

Gwinnett County

Install lighting, renovate concessions

and other improvements to the Lilburn/

Greater Gwinnett Athletic Association/

Lions Club Park

$

Gwinnett County Board Construct football stadium at Collins

of Education

Hill High School in Gwinnett County

$

Gwinnett County Board Renovate football stadium at Dacula

of Education

High School

$

Gwinnett County Board Purchase and install lights at Dacula

of Education

High School baseball field

$

Gwinnett County Board Improvements to fields and equipment

of Education

at Berkmar High School in Gwinnett

County

$

Hall County Board

Improvements to athletic field at

of Education

Johnson High School in Hall County

$

Hall County Board

Construct an awning to bus loading area

of Education

at Flowery Branch Elementary School

in Hall County

$

15,000 2,500 7,500 20,000 30,000 5,000 10,000 10,000 75,000 15,000
25,000
25,000 25,000 20,000
25,000
25,000 10,000
25,000 40,000 50,000 35,000
50,000 20,000
10,000

TUESDAY, FEBRUARY 29, 2000

1627

Hall County

Develop nature preserve programs at

Elachee Nature Science Center

$ 10,000

City of Hampton

Renovation of Hampton City Hall

$ 10,000

City of Hapeville

Renovations to Hapeville city pool

$ 50,000

Haralson County

Operating expenses for Haralson

County Schools

$ 50,000

Haralson County

Operating expenses for Blooming Grove

Fire Department

$ 15,000

City of Harrison

Completion of a park in City of Harrison

$ 25,000

Hart County Board

Hart County High School - renovation

of Education

and construction at recreation complex

$ 15,000

City of Hawkinsville

Maintenance and operation of M.E.

Roden Memorial Library in Hawkinsville $ 10,000

City of Hawkinsville

Feasibility study for river front

improvements in City of Hawkinsville

$ 50,000

Heard County

Construct a solid waste convenience

center in Heard County

$ 50,000

Heard County Board

Purchase field lights for baseball

of Education

field at Heard County High School

$ 15,000

Heard County

Purchase lights for Riverside Park in

Franklin and create a new ballpark

and playground

$ 15,000

Heard County

Provide water and electricity to

Brush Creek Park in Heard County

$ 10,000

City of Hiawassee

Renovate and roof historic Hiawassee

City Hall

$ 25,000

Henry County

Purchase cameras for the Henry

County Police Department

$ 45,000

Henry County

Build entrance, drainage and

practice fields-Moseley Park,

Stockbridge in Henry County

$ 10,000

Henry County Board

Purchase/install lighting system for

of Education

women's softball field at Eagles

Landing High School in Henry County

$ 10,000

Henry County Board

Purchase/install lighting system

of Education

for women's softball field at

Henry County High School

$ 10,000

City of Hoboken

Construct a veterans memorial in Hoboken $

5,000

City of Hogansville

Purchase/construct sanitary sewage

pump station in Hogansville

$ 75,000

City of Homeland

Operating expenses and equipment for

the Homeland Police Department

$

2,500

Houston County

Operating funds for the Houston

County Arts Alliance

$ 25,000

Houston County Board Purchase equipment for vocation lab

of Education

in Houston County schools

$ 15,000

Irwin County

Repair and renovation work to

Irwin County Courthouse

$ 15,000

Irwin County

Repair and restoration of monument on

courthouse square in Irwin County

$

5,000

Irwin County Board

Purchase of equipment for Irwin County

of Education

High Marching Band

$

5,000

Irwin County Board

Purchase band uniforms for Irwin

of Education

County High School

$ 20,000

Jackson County

Construct a horticultural building

in Jackson County

$ 18,000

1628

JOURNAL OF THE HOUSE

City of Jacksonville

Operating funds for Jacksonville

Fire Department

$

5,000

Jasper County

Improvements to Rose Bowl Field

for Jasper County

$ 10,000

Jeff Davis County

Operating funds for the recreation

facility in Jeff Davis County

$ 10,000

Jeff Davis County

Purchase high school ball field

Board of Education

lights in Jeff Davis County

Schools

$ 50,000

City of Jefferson

Construction of the City of

Jefferson Fire Station

$ 10,000

Jefferson County

Purchase equipment for Jefferson

County Sheriff Department

$ 20,000

Jefferson County

Completion of park project in

Jefferson County

$ 50,000

Jenkins County

Jenkins County Development Authority-

renovate train depot in Millen

$ 20,000

Jenkins County

Construct addition to Agriculture

Center in Jenkins County

$

5,000

Jenkins County

Repairs to depot/museum chamber office

in Jenkins County

$

5,000

City of Jesup

Senior Citizen facility repairs in Jesup

$ 10,000

Johnson County Board Construct multi-purpose facility

of Education

in Johnson County Schools

$ 25,000

Johnson County

Repair pumper truck and equipment

for the Scott Volunteer Fire

Department in Johnson County

$

2,500

Johnson County

Purchase well, pump and equipment

for the Buckeye Volunteer Fire

Department in Johnson County

$

2,500

Johnson County Board Construct multi-purpose facility for

of Education

Johnson County schools

$ 25,000

Jones County

Operation of Boys and Girls

Clubs in Jones County

$ 10,000

City of Kennesaw

Expansion and renovation of facility

at Kennesaw Civil War Museum

$ 25,000

City of Keysville

Complete the construction of the

Keysville Human Development Center

$ 35,750

City of Kingston

Sewage project in City of Kingston

$ 31,000

City of Kingsland

Construct/operate animal control

shelter in City of Kingsland

$ 25,000

City of Kite

Renovation and repair of community

center in City of Kite

$

5,000

City of LaFayette

Purchase police vehicle cameras

for LaFayette Police Department

$ 25,000

Lake City

Improvements to park in Lake City

$ 10,000

Lamar County

Equipment and improvements for Redbone

Volunteer Fire Department

in Lamar County

$

5,000

Lamar County

Lamar County Agricultural Authority-

Construct a show facility

$ 50,000

Lanier County Board

Construct press box and dressing

of Education

room for football stadium in

Lanier County

$ 25,000

Laurens County Board Planning for joint school auditorium

of Education

in Laurens County

$ 10,000

Laurens County

Operating funds for Cedar Grove

$ 10,000

TUESDAY, FEBRUARY 29, 2000

City of Lavonia Lee County Lee County
Lee County Board of Education
Lee County Liberty County Liberty County Liberty County Board
of Education Liberty County Liberty County
City of Lilburn
Lincoln County Lincoln County Lincoln County City of Locust Grove
Lowndes County Lowndes County Board
of Education Lowndes County
Lowndes County
Long County City of Ludowici Lumpkin County
City of Lyons
City of Lyons

Development of city park and playing field in Lavonia
Install lighting at Lee County Dixie Youth Baseball fields
Provide and improve lights at Lee County Pee Wee and Pony League Fields
Improvements to irrigation system on athletic fields at Lee County Schools
Promote economic development at Lake Blackshear in Lee County
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
Purchase medical supplies for Coastal Medical Clinic in Liberty County
Install water and restrooms at Seabrook Village Foundation in Liberty County
Renovation and equipment Greater Gwinnett Athletic Association Lions Club Park in Lilburn
Purchase pagers and light turnout gear for Lincoln County Rescue
Purchase equipment for Midway Volunteer Fire Department in Lincoln County
Purchase equipment for Lincoln County Office of Emergency Services
Purchase investigative equipment for police department and recreation improvements for City of Locust Grove
Construct North Lowndes County Fire Station
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 expenses for Long County Police and fire departments
upgrades in Ludowici Purchase fencing and lighting
for public swimming pool in City of Dahlonega, Lumpkin County Recreation Department to retire outstanding debt on community center in City of Lyons Operation of the recreation department in Lyons

1629

$ 15,000 $ 16,000

$ 40,000

$ 25,000

$ 40,000

$

5,000

$ 10,000

$ 25,000 $ 17,000

$ 20,000

$ 15,000

$

5,000

$

5,000

$ 10,000

$

9,000

$ 25,000

$ 25,000

$ 15,000

$ 10,000 $ 150,000
$ 10,000

$

5,000

$ 20,000

$

5,000

1630

JOURNAL OF THE HOUSE

City of Macon

Purchase Police Athletic League

equipment in City of Macon

$ 15,000

City of Macon

Purchase/construct a recreation/

sports facility in Macon

$ 45,000

Macon County

Increase seating capacity in

Macon County school stadium

$ 100,000

City of Macon

Operate the Douglas Theater

in the City of Macon

$ 100,000

City of Macon

Operation of the Tubman Museum in Macon $ 25,000

Madison County Board Construct multipurpose recreation park

of Education

for Madison County Board of Education

$ 25,000

City of Madison

Operation of the Madison Cultural Center

$

2,000

City of Manchester

Purchase/install street lights

for community building in Manchester

$ 40,000

City of Manchester

Transfer/removal of overhead

power lines in downtown Manchester

County

$ 50,000

City of Marietta

Operation of the Wellstar Hospice

Program in Cobb County

$ 50,000

City of Marietta

Repair of pre-Civil War cannon

through the Marietta Museum of History $ 10,000

City of Marietta

Operating funds for the Marietta

Museum of History

$ 15,000

City of Marietta Board Playground enhancements at five

of Education

elementary schools in Marietta

$ 25,000

Marion County Board Construct track at football field for

of Education

Marion County Schools

$ 30,000

City of McCaysville

Build and furnish public restrooms

in McCaysville

$ 10,000

City of McCaysville

Renovate city park in McCaysville

$ 10,000

City of McCaysville

Study downtown parking in McCaysville

$ 10,000

City of McCaysville

Furnish new City Hall in McCaysville

$ 10,000

McDuffie County Board Restoration of Bowden-Johnson

of Education

Home McDuffie County Historical

Society

$ 10,000

McDuffie County Board Purchase equipment for new band

of Education

facility for the Thomson High

School Band

$ 10,000

McDuffie County Board Purchase computer hardware, software

of Education

and cable for the Thomson

High School band room

$

6,500

Mclntosh County

Construct multi-purpose facility

in Mclntosh County

$ 35,000

City of McRae

Operating funds for McRae/Helena

South Georgia Auditorium

$ 10,000

Meriwether County

Operating funds for the recreation

Board of Education

facility at Greenville High School

in Meriwether County

$ 25,000

Meriwether County

Construct solid waste compactor/

convenience center in Meriwether

$ 75,000

City of Metter

Purchase emergency generators for

the City of Metter

$ 15,000

City of Milledgeville

Operation of the Milledgeville Local

Welcome Center

$ 10,000

City of Millen

Correct water drainage problem at

recreation complex in Millen

$

5,000

TUESDAY, FEBRUARY 29, 2000

Miller County City of Milner Mitchell County
Monroe County Monroe County
Monroe County City of Montezuma City of Monticello
City of Morrow City of Moultrie City of Moultrie City of Mt. Vernon City of Mountain City City of Mountain Park Murray County Murray County City of Nahunta City of Nashville City of Newnan Newton County Board
of Education Newton County Northeast Georgia RDC Oconee County Board
of Education City of Odum City of Odum City of Offerman Oglethorpe County

Construct fire station #4 in Miller County
Renovate, enhance and equip City Park of Milner
Operating funds and equipment for volunteer fire departments in Mitchell County
Construction of bleachers for Monroe County Horse/Livestock Arena
Construction of a building at multi-purpose field in Monroe County
Construction of dugouts at softball fields in Monroe County
Provide downtown parking spaces for City of Montezuma
Municipal park construction/ improvements at Funderburg Park in Monticello
Improvements to park in City of Morrow Repair facilities in the City
of Moultrie Upgrade kitchen facilities at
SOWEGA Community Action Council Construct park in City of Mt. Vernon Construct sewer extension in
Mountain City Engineering study on Garrett Lake
in City of Mountain Park Purchase walk-in refrigerator and
freezer for Senior Citizen Center Grounds work at the Chief Van
House in Murray County Construction of fire department
building in Nahunta Construct a walking track in Nashville Operating funds for Achievers
International in Newnan Purchase and install lights for
football practice field for Newton High School Purchase cameras for the Newton County Sheriffs Department Economic development along US 441 in the Northeast Georgia RDC region Operation of the Agriscience facility at Oconee County High School Purchase equipment storage facility in Odum Repairs to City Hall and Fire Department in Odum Purchase truck for Offerman/Big Creek Volunteer Fire Department Bryan Park- Purchase of playground equipment and site construction in Oglethorpe County

1631

$ 15,000 $ 10,000

$ 25,000 $ 20,000

$ 10,000 $ 25,000 $ 45,000

$ 15,000 $ 15,000

$ 20,000

$ 20,000

$

5,000

$ 25,000

$ 25,000

$ 10,000

$ 10,000

$

5,000

$ 10,000

$ 20,000

$ 45,000

$ 30,000

$ 50,000

$ 10,000

$

5,000

$

5,000

$

5,000

$ 20,000

1632

JOURNAL OF THE HOUSE

City of Patterson
Paulding County Board of Education
Peach County Peach County Peach County City of Pearson City of Pelham City of Perry Pierce County Pierce County Pierce County Pierce County Pierce County
City of Pinehurst City of Plainville City of Port Wentworth City of Port Wentworth
City of Portal City of Poulan Pulaski County Putnam County
Putnam County Quitman County Board
of Education Quitman County Quitman County Board
of Education

Operating funds for Heritage Fund to establish and promote historical sites in Patterson
Operation of Paulding County Board of Education recreation facility
Develop countywide water/sewer system in Peach County
Refurbish courthouse facade in Peach County
Refurbish courthouse facade in Peach County
Purchase of mulchers for City of Pearson Upgrade and install lighting at
two sports complexes in Pelham Purchase land for the Genesis House
for the Homeless Center in Perry Operating funds for Pierce County
Lee Street Resource Center Improvements to Lakeview Community
Center in Pierce County Operating expenses for Pierce County 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 Construction of utility maintenance barn in Pinehurst Equipment for City of Plainville Fire Department Construct recreational facilities in Port Wentworth Promote tourism in City of Port Wentworth including land acquisition, improvements and other capital outlay or development costs Purchase trash truck for City of Portal Purchase truck for trash removal in Poulan Consolidate city/county governments in Pulaski County Purchase/install lights for ballpark at Jimmy Davis facility in Putnam County Purchase van for Uncle Remus Regional Library system Restoration to the Kaigler Training School Building in Georgetown for the Quitman Board of Education Feasibility study for Bio Conversion Plant in Quitman County Renovation of building for pre-K and headstart programs in Quitman County

$

5,000

$ 25,000

$ 50,000

$ 25,000

$ 25,000

$

5,000

$ 25,000

$ 25,000

$ 25,000

$ 25,000 $ 50,000

$

5,000

$ 10,000 $ 25,000 $ 10,000 $ 25,000

$ 150,000 $ 10,000
$ 10,000
$ 25,000

$ 25,000

$

8,000

$ 55,000

$

5,000

$ 10,000

TUESDAY, FEBRUARY 29, 2000

1633

Quitman County
Quitman County Rabun County Rabun County Rabun County Rabun County Randolph County
Randolph County Town of Rebecca City of Reidsville City of Remerton City of Remerton Richmond County Richmond County
Richmond County
Richmond County Richmond County Richmond County Board
of Education Richmond County Board
of Education
Richmond County Consolidated Government
Richmond County Richmond County Richmond County Board
of Education Richmond County

Renovation of doctor's office at the Stewart/Webster Rural Clinic in Quitman County
Feasibility study for Quitman Welcome Center
Purchase equipment for Rabun County Volunteer Fire Department
Operate Fight Abuse in the Home in Rabun County
Purchase of fireboat at Lake Seed in Rabun County
Purchase rescue equipment in Rabun County
Correct erosion problems for the Flint River Girl Scout Council Camp in Randolph County
Feasibility study for an airport in Randolph County
Purchase fire station and equipment for City of Rebecca
Construct shelter for playground at Reidsville Headstart
Renovation of downtown area in City of Remerton
Purchase police equipment for City of Remerton
Repair roof on the Imperial Theater in Richmond County
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
Purchase of the final tract of land adjacent to Ezekiel Harris House in Richmond County
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

$ 25,000

$ 25,000

$

5,000

$ 10,000

$ 10,000

$ 15,000

$ 15,000

$ 20,000

$ 10,000

$

5,000

$ 75,000

$ 20,000

$ 50,000

$

5,000

$ 40,000 $ 10,000 $ 10,000

$

5,000

$ 15,000
$ 50,000 $ 15,000 $ 15,000
$ 50,000 $ 20,000

1634 Richmond County Richmond County
Richmond County
Richmond County Richmond County Richmond County Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County Richmond County Richmond County Richmond County
Development Auth.
City of Riverdale City of Rochelle City of Rockmart Rockdale County

JOURNAL OF THE HOUSE
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 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
River Race Funding in Richmond County Promote tourism in the City of
Augusta including land acquisition, improvements and other capital outlay and development costs Improvement funds for city park in Riverdale Expand Rochelle City Hall Equipment for the Rockmart Fire Department Purchase equipment for the Rockdale County Fire Department

$ 10,000

$

5,000

$ 40,000

$ 10,000

$ 25,000

$

8,000

$

7,000

$ 15,000

$ 25,000

$ 10,000

$

5,000

$ 20,000

$

5,000

$ 15,000
$ 10,000
$ 40,000 $ 25,000

$ 10,000,000

$ 10,000

$

5,000

$

5,600

$ 30,000

TUESDAY, FEBRUAEY 29, 2000

City of Rockmart City of Rome City of Rome City of Sale City City of Savannah City of Savannah City of Savannah
City of Savannah
City of Savannah City of Savannah City of Savannah City of Screven
Screven County City of Screven Seminole County Seminole County City of Smyrna
City of Social Circle City of Soperton Spalding County Board
of Education City of Sparks City of Springfield City of St. George City of St. Marys Stephens County
Stephens County

Operation of recreation facility in the City of Rockmart
Operation of Camp Good Times Purchase sprinkler system for Rome
History Museum Improvements to local recreation complex
in Sale City 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 Promote tourism in the City of Savannah including land acquisition, improvements and other capital outlay or development costs Operation of Project Success in Savannah Retire debt on EOA Austin House Center in Savannah Renovate/repair building for Cultural Affairs Commission in Savannah Improvements to the water tower electronics board in City of Screven Renovation of Screven County Agricultural Center Community Center repairs in City of Screven Pave parking lot of Senior Citizens Center in Seminole County Purchase equipment for volunteer rescue squads in Seminole County Restoration/preservation of markers and headstones at Smyrna Memorial Cemetery Construction of city park and parking area in Social Circle Operation of recreation facility in the City of Soperton Operation of a program to reduce high school drop-out rates in the Spalding Board of Education Purchase equipment for Sparks Police Department Match downtown improvement grants in City of Springfield Purchase a fire brush truck for the City of St. George Renovation of Waterfront Theater in St. Mary's Purchase equipment for Tates Creek VFD and renovate Carnes Creek VFD facilities in Stephens County Install roof and renovate ToccoaStephens County Historical Society

1635

$ 30,000 $ 25,000

$ 25,000

$

5,000

$ 10,000

$ 10,000

$

5,000

$ 5,005,000 $ 25,000
$ 25,000
$ 10,000

$

5,000

$ 50,000

$ 10,000

$

7,300

$ 10,000

$ 20,000 $ 50,000 $ 10,000

$ 50,000

$ 10,000

$

5,000

$ 48,000

$ 25,000

$ 20,000

$

4,000

1636

JOURNAL OF THE HOUSE

Stephens County
City of Stone Mountain
City of Stone Mountain
City of Summertown
Sumter County
City of Swainsboro
City of Sycamore
City of Sylvania
Talbot County
Taliaferro County
City of Tallapoosa
Tattnall County Board of Education
Tattnall County Board of Education
Tattnall County Board of Education
Tattnall County
Tattnall County Tattnall County Board
of Education Taylor County
Telfair County Telfair County
Telfair County Board of Education
Terrell County
Thomas County Board of Education
Thomas County Board of Education
Town of Thunderbolt
Town of Thunderbolt
Tift County Board of Education

Purchase field fencing for Toccoa Little League in Stephens County
Operating expenses for ART Station in Stone Mountain
ART Station renovation/repair in Stone Mountain
Renovation and repair of community center in Summertown
Purchase/install outfield fences and related improvements at Little League field for Sumter County Board of Commissioners
Purchase of computer equipment for City of Swainsboro
Purchase recreation and playground equipment for new park in Sycamore
Purchase playground equipment for City of Sylvania
Improvements to Central High School football stadium in Talbot County
Taliaferro County Volunteer Fire Department - purchase rescue equipment
Operating expenses for Tallapoosa recreation facility
Operation of the STARR Program in Tattnall County Schools
Purchase band uniforms and instruments in Tattnall County Schools
Instructor for Tattnall County STAR program
Purchase echo-cardiogram unit for Tattnall Memorial Hospital
Operation of Tattnall Memorial Hospital Sidewalks from band room to football
field in Tattnall County Schools Purchase property for a parking
lot in Taylor County Operating funds for Telfair County Operating funds for Horse Creek
Volunteer Fire Department in Telfair County Pave parking lot and other improvements at Telfair County High School Repair to clock and steeple at courthouse in Terrell County Refurbish track at Thomasville High School Replace carpet in Central High School Gym in Thomas County 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 Purchase band uniforms for Tift County Band

$ 10,000

$ 25,000

$ 50,000

$

5,000

$ 50,000

$ 10,000

$ 10,000

$ 25,000

$ 65,000

$ 10,000

$ 15,000

$ 10,000

$ 10,000

$ 10,000

$ 50,000 $ 100,000

$

5,000

$ 40,000 $ 10,000

$

5,000

$ 25,000

$ 15,000

$ 15,000

$ 15,000

$

5,000

$ 10,000 $ 10,000

TUESDAY, FEBRUARY 29, 2000

City of Tifton Toombs County
City of Toomsboro Treutlen County Turner County City of Tybee Island City of Tyrone City of Tyrone
City of Tyrone City of TyTy City of Unadilla Uncle Remus Regional
Library System Union County Union County Union County City of Vidalia City of Vidalia
City of Valdosta
City of Vidalia Walker County
Walton County Board of Education
Walton County Board of Education
Ware County Ware County Board
of Education City of Warner Robins
City of Warner Robins

Equipment for communications center for City of Tifton Fire Department
Construct restrooms for community center at Cedar Crossing Area in Toombs County
Equip and repair fire truck in Toomsboro
Operation and repair of the Treutlen Welcome Center on 1-16
Construct horse competition and rodeo arena in Turner County
Tybee Island Lighthouse restoration Construct a sidewalk/path in
the City of Tyrone Construct a concession/restroom
facility at the Redwine Community Park in the City of Tyrone Operation of the Tyrone Library Improvement of recreation areas in TyTy Purchase of jet sewer machine for City of Unadilla Purchase van for Uncle Remus Regional Library System Purchase equipment for Union County Hospital Expand airport in Union County Construct a recreation facility for Union County Parks and Recreation Operation of the recreation department in Vidalia Replace playground equipment and renovate Ganelle Davis Park facility in Vidalia Aid in construction of the Fry Street Community Center in City of Valdosta Operation of the Vidalia Boys and Girls Club Construct a multi-purpose building at Walker County West Armuchee Community Center Purchase band uniforms for Loganville High School in Walton County Purchase band uniforms for Loganville High School in Walton County Purchase recreational equipment for Ware County Purchase equipment for Ware County ROTC Purchase/install lights and fences for Warner Robins National Little League Program Operating funds for the Salvation Army Safehouse in Warner Robins

1637

$ 20,000

$

5,000

$ 10,000

$ 10,000

$ 10,000 $ 75,000

$ 40,000

$ 40,000

$ 20,000

$

5,000

$ 25,000

$ 17,500

$ 248,000 $ 500,000

$ 10,000

$

5,000

$ 30,000

$ 65,000

$

5,000

$ 40,000

$ 15,000

$ 10,000 $ 25,000 $ 25,000

$ 10,000 $ 50,000

1638
City of Warner Robins Warren County Warren County Warren County City of Warrenton City of Warrenton City of Warwick Washington County City of Waycross Wayne County Board
of Education Wayne County City of Waynesboro
Webster County Board of Education
Webster County Wheeler County
City of Whigham City of Whigham Whitfield County
White County
White County White County Board
of Education Wilcox County Wilcox County Wilcox County Wilcox County Wilcox County

JOURNAL OF THE HOUSE
Operating expenses for the Museum of Aviation in Warner Robins
Purchase rescue equipment for Warren County
Operation of the recreation department in Warren County
Purchase of rescue equipment for northern Warren County
Renovation of the City of Warrenton Cultural Art Center
Restoration of historic gymnasium in City of Warrenton
Purchase new police vehicle for City of Warwick
Refurbish T.J. Elder Community Center in Washington County
Waycross-Blackshear Tourist promotion Lighting for girls softball field
in Wayne County ADA improvement to Jaycee public
landing area in Wayne County Liberty Square Historic Association -
beautification and improvement to historic commercial district in Waynesboro Infrastructure for computers and technical equipment for Webster County school buildings Repair of courthouse in Webster County Purchase equipment for baseball and midget football at Glenwood and Alamo Facilities in Wheeler County Purchase equipment for City of Whigham Improvements to city properties in City of Whigham Purchase of Hamilton House and museum for the Whitfield/Murray Historical Society Road and Bridge, restroom White County Recreation Department playground in Sautee Nachoochie Community Renovations to a recreation facility at White County Recreation Department Operation of Pioneer RESA in White County 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 Expansion of existing building to accommodate expansion of City Hall in Wilcox County

$ 90,000

$ 12,300

$

5,000

$ 12,000

$ 20,000

$ 10,000

$ 10,000

$ 25,000 $ 15,000

$ 15,000

$ 15,000

$ 65,000
$ 15,000 $ 10,000
$ 10,000 $ 10,000 $ 15,000
$ 50,000

$ 35,000

$ 20,000

$

8,000

$

5,000

$

5,000

$ 10,000

$

5,000

$

5,000

TUESDAY, FEBRUARY 29, 2000

1639

Wilcox County Wilkes County Wilkinson County Worth County

Purchase building for Cedar Creek Volunteer Fire Department in Wilcox County
Purchase equipment for fire station for Newtown Community in Wilkes County
Repairs to city-county library in Wilkinson County
Development and improvements to youth football program area buildings and grounds in Worth County

$

5,000

$ 15,000 $ 15,000

$ 20,000

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 43. Provisions Relative to Section 8, Department of Community Health. There is hereby appropriated to the Department of Community Health 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 44. Provisions Relative to Section 11, 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 45. Provisions Relative to Section 12, Employees' Retirement Sys tem. It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 46. Provisions Relative to Section 16, 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

1640

JOURNAL OF THE HOUSE

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 make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

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.

Provided, the Department of Human Resources is authorized to transfer funds, not to exceed $37,377,969, from the Cash Benefits object class to facilitate the stated purposes of the Temporary Assistance for Needy Families program. The purposes are: 1.) To provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; 2.) To end the dependence of needy parents on government benefits by promoting job preparation, work and marriage; 3.) Prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) Encourage the formation and maintenance of two-parent families.

Section 47. Provisions Relative to Section 22, Merit System of Personnel Admin istration. The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 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%.

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Section 48. 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 49. Provisions Relative to Section 29, 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.
Section 50. Provisions Relative to Section 33, 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 51. Provisions Relative to Section 35, 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 re-

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quired under Article III, Section DC, Paragraph VT, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts 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.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 52. 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 53. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chap-

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ter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 54. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 55. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 56. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 57. In accordance with the requirements of Article 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 58. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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.

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(h.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 59. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 60. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act
Section 61. Provisions Relative to Section 37, State of Georgia General Obliga tion Debt Sinking Fund. With regard to the appropriations in Section 37 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)," $7,795,243 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $87,587,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $9,055,750 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $101,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $218,790 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $935,000 in prin-

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cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $667,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $678,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $55,180 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $249,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $5,805,025 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $65,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $592,740 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,660,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $44,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $255,875 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,875,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $801,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $801,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $391,600 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $623,000 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $356,000 is specifically appropriated for the purpose of financing the George L. Smith II World Congress Center projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $106,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $58,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $53,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $24,475 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $160,200 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $26,700 is specifically appropriated for the purpose of financing projects and facilities for the Department

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of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,780,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $333,750 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $585,000 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $351,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New),"$10,680,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $120,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $258,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec-

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tion therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $774,300 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $246,085 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,765,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $133,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $676,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $278,125 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,125,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $73,425 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $825,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $81,900 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $1,095,354 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,681,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $48,950 is specifically appropriated for the purpose of financing projects and facilities for the Department of Veterans Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $378,250 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $204,255 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,295,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $60,520 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $1,700,010 is specifically appropriated for the purpose of financing projects and facilities for the De-

TUESDAY, FEBRUARY 29, 2000

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partment of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $415,185 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $454,345 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,105,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $702,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)," $105,910 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,190,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $890,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $267,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection there-

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with, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $400,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $427,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $52,510 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $590,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $115,700 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $22,428 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $252,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $26,700 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)," $108,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $142,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $89,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $106,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $111,250 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $133,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)," $436,100 is specifically appropriated for the purpose of financing projects and facilities for the Depart-

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ment of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $391,600 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 62. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2000

$

13,939,922,701

Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 64. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 1162.

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 Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Clark N Coan

E Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings N Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley N Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce N Kaye Y Lane

Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder

Y Porter Y Powell Y Pureell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed
Reese Y Reichert Y Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Smkfield 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

TUESDAY, FEBRUARY 29, 2000

Y Smyre Y Snelling Y Snow Y Squires Y Stalhngs 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
West

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Y Westmoreland Y Whitaker Y Wiles
Wuliams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 157, nays 17.
The motion prevailed.
Representative Reese of the 85th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
Due to a mechanical malfunction, the vote of Representative West of the 101st was not recorded on 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 Bill of the House was taken up for consideration and read the third time:
HB 1348. By Representatives Smith of the 169th, Benefield of the 96th, Coleman of the 142nd, Walker of the 141st, Skipper of the 137th and others: A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive, coordinated, and prioritized system of railway passenger service routes for, within, and throughout this state and to nearby states for purposes of state planning and development and commencement of service.
The following Committee substitute was read: A BILL
To amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive, coordinated, and prioritized system of railway passenger service corridors for, within, and throughout this state and to nearby states for purposes of state planning and development of service; to provide legislative findings and declarations; 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:

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(1) The establishment of railway passenger service to the general public and connecting points within and throughout this state and to nearby states will develop and promote, for the public good and general welfare of this state, trade, commerce, tourism, industry, and employment opportunities while alleviating highway traffic congestion and related air pollution.
(2) Any implementation of such railway passenger service which meets the needs and promotes the general welfare of this state as a whole while making the best and most efficient use of resources requires a system of railway passenger service corridors which is comprehensive, coordinated, and prioritized for purposes of state planning and development of service.
(3) It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this Act, to establish such a system of railway passenger service corridors in the order of priority provided by Code Section 46-9-290 as enacted by this Act.
SECTION 2.
Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, is amended by adding a new Article 9A to read as follows:
"ARTICLE 9A
46-9-290.
For purposes of state planning and development of service there is created a comprehensive, coordinated, and prioritized state-wide system of railway passenger service corridors for providing railway passenger service to the general public and connecting points within and throughout this state and to nearby states, which shall be known as the Georgia Railway Passenger Program and shall include the following railway passenger service corridors in order of priority:
(1) Atlanta-Athens;
(2) Atlanta-Hartsfield International Airport-Macon;
(3) Macon-Jesup-Brunswick;
(4) Macon-Americus-Albany;
(5) Macon-Houston County-Valdosta;
(6) Macon-Douglas-Waycross-Jacksonville, Florida;
(7) Macon-Savannah;
(8) Atlanta-Columbus;
(9) Atlanta-Augusta;
(10) Atlanta-Gainesville;
(11) Atlanta-Bremen;
(12) Atlanta-Canton;

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(13) Atlanta-Cartersville;
(14) Jesup-Waycross-Jacksonville, Florida;
(15) Gainesville-Greenville, South Carolina;
(16) Albany-Tallahassee, Florida;
(17) Bremen-Birmingham, Alabama; and
(18) Atlanta-Chattanooga, Tennessee.
46-9-291.
(a) Any and all railway passenger service plans or programs of any and all state departments, agencies, boards, bureaus, commissions, or authorities having responsibility for the same shall be conducted and coordinated so as to conform planning and development of service to the railway passenger service corridors and priorities of the program provided by this article.
(b) Any state department, agency, board, bureau, commission, or authority having responsibility for any railway passenger service planning or programming may recommend any additional railway passenger service corridor or corridors to the General Assembly for inclusion in the Georgia Railway Passenger Program after completion of a feasibility study for such proposed additional railway passenger service corridor or corridors, but no railway passenger service corridor shall be a part of the Georgia Railway Passenger Program unless and until it is included in the list provided by Code Section 46-9-290."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Smith of the 169th and Irvin of the 45th move to amend the Committee substitute to HB 1348 as follows:
By striking lines 7 and 8 on page 3 and inserting in lieu thereof the following:
"...service to the railway passenger service corridors of the program provided by this article. Such planning and development of service shall follow the order of priorities as set forth in this article unless it is determined by the Board that the specified priorities, or any portion thereof, are less feasible than other priorities. Such determination not to follow the prescribed priority or priorities shall be by clear and convincing evidence."

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Representatives Snow of the 2nd, Lewis of the 14th, Hammontree of the 4th and Shanahan of the 10th move to amend the Committee substitute to HB 1348 as follows:

Insert after line 34 on page 2 the following:
"Nothing in this code section shall preclude or delay state involvement in the planning and development of high speed rail for the Atlanta to Chattanooga, Tn. railway passenger service corridor, should federal or private funds be made available for such high speed rail.
For the purposes of this provision, "high speed rail" is defined as involving trains traveling at maximum speeds ranging from 90 to 300 miles per hour."

The following amendment was read:

Representative Mann of the 5th moves to amend the Committee substitute to HB 1348 as follows: On page 2 delete lines 27, 28, 29 add after line 18:
"(3) Hartsfield International Airport Mableton-Bremen Mableton-Cartersville-Dalton Mableton-Canton"
Renumber all other priorities with last priority changed to "Dalton-Chattanooga, Tenn."

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 N Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash

N Channel! Y Childers Y Clark N Coan E Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T N Day
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 Y Franklin N Golick N Graves N Greene N Grindley
Hammontree N Manner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L N James
Jamieson N Jenkins N Jennings N Jones N Joyce N Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton

N McKinney N Millar N Mills N Mobley N Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Pinholster Y Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece

N Reed Y Reese N Reichert N Rice N Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid

TUESDAY, FEBRUARY 29, 2000

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 N Smith, V N Smyre N Snelling N Snow Y Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner

N Stephens N Stokes N Stuckey N Taylor N Teague Y Teper N Tillman N Tolbert N Trense
Turnquest N Twiggs N Unterman

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N Walker, L N Walker, R.L N Watson N West N 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 22, nays 151. 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 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 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 Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense 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

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On the passage of the Bill, hy substitute, as amended, the ayes were 173, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 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 Porter of the 143rd moved that the House insist on its position in amending the Senate amendment to HB 577 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Parham of the 122nd, Childers of the 13th and Porter of the 143rd.

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 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:
A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 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.

TUESDAY, FEBRUARY 29, 2000

1661

The President has appointed as a Committee of Conference on the part of the Senate the following:

Senators Marable of the 52nd, Hill of the 4th and Thompson of the 33rd.

The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 1162. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1999-2000 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1999-2000.

The following Resolution of the House was read:
HR 1184. By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, Skipper of the 137th, Walker of the 141st and others
A RESOLUTION
Paying tribute to Celestine Sibley and designating the House press gallery in her honor; and for other purposes.
WHEREAS, Celestine Sibley, the noted Atlanta journalist and author, enriched the lives of countless Georgians who valued her genuine appreciation of people and the shared experiences, hopes, and memories in life; and
WHEREAS, she was born on May 23, 1914, in Holley, Florida; held her first newspaper job with the Mobile Press-Register; reported for the Pensacola News-Journal from 19361941; and began a career with The Atlanta Constitution that spanned more than 50 years; and
WHEREAS, in 1958, she began covering the state legislature and politics, a beat she continued for 20 years, and her intellect and indomitable spirit earned her recognition and respect as an impressive advocate; and
WHEREAS, her profound understanding of contemporary problems and issues enlightened many state officers, and she is credited with raising public awareness and persuading political leaders to seek humane solutions to social problems and conflicts; and
WHEREAS, this truly remarkable lady received the Lifetime Achievement Award from the National Society of Newspaper Columnists, and it is most appropriate that her exemplary career as a journalist be properly honored.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body pay tribute to the lifetime of excellence and literary achievement of Celestine Sibley and designate the press gallery on the south side of the House chamber as the Celestine Sibley Press Gallery.
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 family of Celestine Sibley.

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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 Channel! 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
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 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 V 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 McRinney Y Millar Y Mills
Mobley Y Morris Y Mosley Y Mueller Y OTSfeal 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 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 SneUing 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
Tillman Y Tblbert 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 172, nays 0.
The Resolution was adopted.
The Speaker Pro Tern assumed the Chair.
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 1531. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance.

TUESDAY, FEBRUARY 29, 2000

1663

The report of the Committee, which was favorable to the 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
Burkhalter Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin E 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 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 Y McKinney Y Millar Y Mills Y Mobley Y Morris
Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y 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 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 Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Snelling of the 99th and Burkhalter of the 41st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 1532. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th, Heard of the 89th, Graves of the 125th 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 an income tax credit for expenses of private driver education for minor dependent children of taxpayers.
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 roll call was ordered and the vote was as follows:

Y Men Y Anderson Y Aahe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin E Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell
Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

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

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
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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 784 was postponed until Wednesday, March 1, 2000.
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1425 Do Pass, by Substitute HB 1541 Do Pass
Respectfully submitted, /si Martin of the 47th
Chairman

TUESDAY, FEBRUARY 29, 2000

1665

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1534 Do Pass, by Substitute SB 123 Do Pass, by Substitute SB 377 Do Pass

SB 392 Do Pass SR 204 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1055 Do Pass, by Substitute
Respectfully submitted, /s/ Jenkins of the 110th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1236 Do Pass HB 1487 Do Pass

HB 1508 Do Pass HB 1605 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

The Speaker Pro Tern 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 1, 2000
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
Prayer was offered by Bishop Eddie Long, Pastor, New Birth Missionary Baptist Church, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
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 1631. By Representative Smith of the 109th: A bill to amend an Act providing for the Board of Education of Butts County, so as to change the compensation of the members and chairperson of that board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1632. By Representative Skipper of the 137th: A bill to create the Americus-Sumter County Airport Authority.

WEDNESDAY, MARCH 1, 2000

1667

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1633. By Representative Skipper of the 137th:
A bill to create the Americus-Sumter County Park and Recreation Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1634. By Representatives Martin of the 47th and Ragas of the 64th:
A bill to provide for procedures concerning the transfer of cases involving certain children from the superior court to the juvenile court and for the consideration of children tried and convicted in superior courts by the Board of Pardons and Paroles; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, so as to provide that the superior court shall transfer to the juvenile court certain cases involving a child of a specified age; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles, so as to provide specific powers and duties of the Board of Pardons and Paroles concerning children who have been tried and convicted in superior court.
Referred to the Committee on Judiciary.

HB 1635. By Representative Stephens of the 150th:
A bill to amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to municipal corporations, so as to provide for jurisdiction and powers of police officers and municipal courts of municipalities which have entered into valid intergovernmental agreements with adjoining municipalities for certain police services.
Referred to the Committee on Judiciary.

HB 1636. By Representatives Manning of the 32nd, Sauder of the 29th, Shipp of the 38th, Golick of the 30th, Parsons of the 40th and others:
A bill to create the Marietta Revitalization Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1637. By Representatives Borders of the 177th, Harbin of the 113th, Shaw of the 176th and Channell of the lllth:
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 prosthetic devices.

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February 29, 2000

Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1637. This notice is made prior to or upon reading the bill the first time.

Is/ Ron Borders Representative 177th District
Referred to the Committee on Ways & Means.
HB 1638. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth: A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to revise the exemption; to increase the maximum annual income for eligible residents.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1639. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1640. By Representatives Henson of the 65th, Childers of the 13th, Smith of the 169th, Stuckey of the 67th and Orrock of the 56th: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance, so as to prohibit exclusion of coverage of certain routine patient care costs for adults enrolled in approved clinical trial programs for treatment of cancer.
Referred to the Committee on Insurance.
HB 1641. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change a certain homestead exemption for persons who are 75 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 1, 2000

1669

HB 1642. By Representative Jenkins of the 110th:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with land, the effect of zoning laws, covenants and scenic easements for use of public, and the renewal of certain covenants, so as to provide that certain covenants which are extended beyond 20 years by operation of law shall be subject to zoning ordinances adopted by municipalities and counties.
Referred to the Committee on Judiciary.

HB 1643. By Representative Jenkins of the 110th:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to provide conditions for certain visual surveillance by law enforcement officers.
Referred to the Committee on Special Judiciary.

HB 1644. By Representatives Jenkins of the 110th, Mobley of the 69th and Scarlett of the 174th:
A bill to amend Code Section 17-5-54 of the Official Code of Georgia Annotated, relating to disposition of personal property in custody of a law enforcement agency, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency.
Referred to the Committee on Special Judiciary.

HR 1170. By Representative Stephens of the 150th:
A resolution proposing an amendment to the Constitution so as to allow the owners of certain real property located in certain industrial areas or portions thereof to remove the property from the industrial area; to provide that such removal shall be irrevocable and binding on successors and heirs.
Referred to the Committee on Judiciary.

HR 1171. By Representatives Houston of the 166th, Walker of the 141st, Skipper of the 137th, Sinkfield of the 57th, McClinton of the 68th and others:
A resolution requesting the Department of Human Resources to devise and implement a plan to disseminate information relating to the Lifeline Assistance Program and Link-up Georgia.
Referred to the Committee on Health & Ecology.

HR 1172. By Representatives Stanley of the 50th, Turnquest of the 73rd, Stanley of the 49th, Murphy of the 18th, Smyre of the 136th and others:
A resolution commending Ambassador Andrew Young and urging the Geo. L. Smith II Georgia World Congress Center Authority to erect a suitable monument.
Referred to the Committee on Rules.

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HR 1185. By Representative Smith of the 169th:
A resolution proposing an amendment to the Constitution so as to provide for an exemption for certain tangible personal property consisting of the retail inventory of a small business taxpayer; to provide for conditions and limitations; to provide for reimbursement of lost revenue.

Referred to the Committee on Ways & Means.

HR 1186. By Representative Smith of the 169th:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 3 percent, which rate of taxation may be adjusted as necessary by the General Assembly, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level; to authorize the General Assembly to provide by general or local law for limitations upon the rate of increase of the ad valorem tax millage rate and limitations on the value of property for certain purposes.
Referred to the Committee on Ways & Means.

By unanimous consent, the rules were suspended in order that the following Resolution of the House could be introduced, read the first time and referred to the committee:
HR 1189. By Representatives Roberts of the 162nd, Royal of the 164th, Powell of the 23rd, Parham of the 122nd, Dukes of the 161st and others:
A resolution requesting the President of the United States to draw down the Strategic Petroleum Reserve.
Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1618 HB 1619 HB 1620 HB 1621 HB 1622 HB 1623 HB 1624 HB 1625 HB 1626 HB 1627

HB 1628 HB 1629 HB 1630 SB 45 SB 299 SB 408 SB 425 SB 432 SR 87 SR 542

Pursuant to Rule 52, Representative Smyre of the 136th moved that the following Bill of the House be engrossed:

WEDNESDAY, MARCH 1, 2000

1671

HB 1630. By Representatives Smyre of the 136th, Skipper of the 137th, Walker of the 141st and Sauder of the 29th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation.
On the motion, the roll call was ordered and the vote was as follows:

Alien Y 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 N Bunn N Burkhalter Y Byrd
Callaway N Campbell
Cash Y Channell Y Childers N Clark N Coan E Coleman, B Y Coleman, T Y Connell N Cooper N Cox Y Crawford Y Cummings N Davis, M

Y Davis, T N Day Y Dean
DeLoach, B N DeLoach, G N Dix Y Dixon Y Dodson Y Dukes N Ehrhart
Epps Evans N Everett N Felton Y Floyd N Franklin Y Golick N Graves Y Greene N Grindley N Hammontree Y Banner N Harbin Y Harrell Y Heard Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

Y Hugley N Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas Y Maddox N Mann
Manning Y Martin, J N Martin, J.L E Massey Y McBee E McCall Y McClinton Y McKinney N Millar N Mills Y Mobley Y Morris Y Mosley N Mueller Y Cmeal Y Orrock Y Parham Y Parrish N Parsons

Y Pelote N Pinholster
Y Poag N Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert E Rice N Richardson Y Roberts
Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid Y Scott Y Shanahan Y Shaw
Shipp Y Sholar Y Sims
Sinkfield Y Skipper E Smith, B Y Smith, C
Smith, C.W Y Smith, L

N Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow
Squires Y Stallings N Stancil
Stanley, P Y Stanley-Turner
Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman N Tolbert Y Trense Y Turnquest
Twiggs N Unterman Y Walker, L N Walker, R.L
Watson N West
Westmoreland N Whitaker N Wiles N Williams, J
Williams, R Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 96, nays 57. The motion prevailed.
Representatives Heckstall of the 55th and Alien of the 117th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

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Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1538 Do Pass HB 1586 Do Pass
Respectfully submitted, /s/ Lord of 121st
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 310 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 435 Do Pass SR 504 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 1, 2000

1673

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 1585 Do Pass HB 1614 Do Pass
Respectfully submitted, lal Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1553 Do Pass, by Substitute HR 1091 Do Pass HR 1119 Do Pass HR 1120 Do Pass HR 1121 Do Pass

SR 388 Do Pass SR 403 Do Pass SR 472 Do Pass, by Substitute SR 483 Do Pass SR 484 Do Pass

Respectfully submitted, lal Benefield of the 96th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 1, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:
HB 567 Sales tax exemptions; housing auth; nonprofit org; wheelchairs; gas HB 801 Income tax credits; low-emission vehicles; cert electric chargers HB 939 Ad val tax; levy and millage rate; comp revision of provisions HB 1183 Motor vehicles using nitrous oxide; prohibit on public roads HB 1210 Sales tax; exempt certain coins, currency, and bullion HB 1256 Disabled or deaf persons; guide or service dogs; expanded provisions HB 1265 Ad valorem tax returns; signature; false swearing HB 1285 Taxpayers' pension advocate; involuntary separation HB 1363 State Records Committee; add member

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HB 1463 Fish; cast nets; restrictions HB 1582 Sales tax; exempt dyed diesel fuel used by certain fishermen HB 1583 Sales tax; exempt certain diabetic supplies and equipment
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 1585. By Representatives Shipp of the 38th, Golick of the 30th, Parsons of the 40th, Sauder of the 29th, Manning of the 32nd and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HB 1614. By Representatives Sauder of the 29th, Manning of the 32nd, Parsons of the 40th, Shipp of the 38th, 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 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 97, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

WEDNESDAY, MARCH 1, 2000

1675

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 401. By Senators Starr of the 44th, Walker of the 22nd and Marable of the 52nd:
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 require local school systems receiving certain state education funds to suspend a student who commits any act of violence resulting in substantial injury to a teacher for the remainder of the school year; to provide for a disciplinary hearing regarding the suspension; to provide that such a student shall not be eligible for enrollment in public education programs, except that a local board of education may enroll such a student in an alternative education program beginning with the school year following the student's suspension.
SB 413. By Senators Tanksley of the 32nd, Thompson of the 33rd and Hecht of the 34th:
A bill to amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, so as to change a provision relating to the disposition of net proceeds from such a forfeiture.
SB 424. By Senator Thomas of the 10th:
A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to duties of a coroner or county medical examiner upon receipt of notice of a suspicious or unusual death, so as to allow medical examiners to retain a deceased body long enough to allow adequate refrigeration before an autopsy is performed; to provide medical examiners with the necessary discretion regarding the disposition of bodily specimens; to provide for related matters.
SB 429. By Senators Tanksley of the 32nd, Thompson of the 33rd, Johnson of the 1st and Perdue of the 18th:
A bill to amend Chapter 10 of Title 17 and Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating respectively to sentence and punishment and penal institutions, so as to change provisions for earned time allowances based upon institutional behavior for certain inmates confined as county inmates for probation violations of felony offenses or after conviction for certain offenses and misdemeanors; to provide for an effective date and for applicability.
SB 446. By Senators Lee of the 29th and Gillis of the 20th:
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 and related offenses, so as to change the provisions relating to the offense of aggravated assault upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated assault; to change the provisions relating to the offense of aggravated battery upon a correctional officer; to include county jail

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officers within the definition of the term "correctional officer" in connection with the offense of aggravated battery.

HB 1153. By Representatives Rice of the 79th, Benefield of the 96th, Walker of the 141st and Murphy of the 18th:
A bill to amend Code Section 32-4-2 of the Official Code of Georgia Annotated, relating to official maps and records and rules and regulations of the Department of Transportation, so as to provide for an official list of those portions and features of the state highway system which have been named by Act or resolution of the General Assembly or by resolution of the State Transportation Board; to amend Code Section 50-25-7 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority's sale of files of public information, receipt of data in electronic format from the public, and application of statutory restrictions on confidentiality to the authority, so as to provide an exception.

HB 1159. By Representatives Birdsong of the 123rd, Buck of the 135th, Royal of the 164th and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for income tax purposes, so as to increase the amount of retirement income exclusion.

HB 1273. By Representatives Buck of the 135th, Dixon of the 168th, Epps of the 131st and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for a limit on the quantities of alcoholic beverages which an individual may possess and transport in this state if such alcoholic beverages were purchased in this state and the excise taxes were paid in this state; to authorize the direct shipment of wine to consumers in this state from outside this state upon obtaining a special order shipping license from the commissioner of revenue.

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:
SR 515. By Senator Hooks of the 14th: A resolution designating the Kennedy Bridge.
SR 541. By Senators Tate of the 38th, Fort of the 39th, James of the 35th and others: A resolution designating the "Leroy Johnson-Fulton Industrial Boulevard".
HR 1029. By Representatives Birdsong of the 123rd, Murphy of the 18th, Roberts of the 162nd and others: A resolution commending all Vietnam Era/Vietnam Veterans and their families; to recognize May 5-7, 2000, as the 25th Observance of the ending of the Vietnam War.
HR 1169. By Representatives Murphy of the 18th and Walker of the 141st: A resolution relative to adjournment.

WEDNESDAY, MARCH 1, 2000

1677

The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 1286. By Representatives Martin of the 145th, Parham of the 122nd, Parrish of the 144th and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive acts or practices in consumer transactions declared unlawful, so as to prohibit certain acts or practices concerning noninsurance discount cards for health care related goods or services.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 401. By Senators Starr of the 44th, Walker of the 22nd and Marable of the 52nd:
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 require local school systems receiving certain state education funds to suspend a student who commits any act of violence resulting in substantial injury to a teacher for the remainder of the school year; to provide for a disciplinary hearing regarding the suspension; to provide that such a student shall not be eligible for enrollment in public education programs, except that a local board of education may enroll such a student in an alternative education program beginning with the school year following the student's suspension.
Referred to the Committee on Education.
SB 413. By Senators Tanksley of the 32nd, Thompson of the 33rd and Hecht of the 34th:
A bill to amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, so as to change a provision relating to the disposition of net proceeds from such a forfeiture.
Referred to the Committee on Special Judiciary.
SB 424. By Senator Thomas of the 10th:
A bill to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to duties of a coroner or county medical examiner upon receipt of notice of a suspicious or unusual death, so as to allow medical examiners to retain a deceased body long enough to allow adequate refrigeration before an autopsy is performed; to provide medical examiners with the necessary discretion regarding the disposition of bodily specimens; to provide for related matters.
Referred to the Committee on Special Judiciary.

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JOURNAL OF THE HOUSE

SB 429. By Senators Tanksley of the 32nd, Thompson of the 33rd, Johnson of the 1st and others:
A bill to amend Chapter 10 of Title 17 and Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating respectively to sentence and punishment and penal institutions, so as to change provisions for earned time allowances based upon institutional behavior for certain inmates confined as county inmates for probation violations of felony offenses or after conviction for certain offenses and misdemeanors; to provide for an effective date and for applicability.
Referred to the Committee on State Institutions & Property.

SB 446. By Senators Lee of the 29th and Gillis of the 20th:
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 and related offenses, so as to change the provisions relating to the offense of aggravated assault upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated assault; to change the provisions relating to the offense of aggravated battery upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated battery.
Referred to the Committee on Special Judiciary.

SR 515. By Senator Hooks of the 14th: A resolution designating the Kennedy Bridge.
Referred to the Committee on Transportation.

SR 541. By Senators Tate of the 38th, Fort of the 39th, James of the 35th and others: A resolution designating the "Leroy Johnson-Fulton Industrial Boulevard".
Referred to the Committee on Transportation.

Representative Stanley of the 50th arose to a point of personal privilege and addressed the House.

Representative Rogers of the 20th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 567. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd, Felton of the 43rd, Irvin of the 45th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or by nonprofit organizations having as

WEDNESDAY, MARCH 1, 2000

1679

their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment.

The report of the Committee, which was favorable to the 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
Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T YDay
Dean Y DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens 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 E 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 Hagas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Rekhert E Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw
Shipp Y Sholar
Sims Sinkfield Y Skipper E 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
Stanley, P Y Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor E league Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 939. By Representative Royal of the 164th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of procedures regarding the establishment of millage rates and the levy of ad valorem property taxes.
The following Committee substitute was read and adopted:

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A BILL
To amend Code Section 48-5-32.1 of the Official Code of Georgia Annotated, relating to required procedures regarding the setting of millage rates, so as to change certain provisions regarding digest review by the state revenue 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.
Code Section 48-5-32.1 of the Official Code of Georgia Annotated, relating to required procedures regarding the setting of millage rates, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(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 with the exception of municipal governing 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."
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 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 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 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
Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane

Y Lewis
Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L E Massey
Y McBee E McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock

Parham Y Parrish Y Parsons
Y Pelote Pinholster
Y Poag Y Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Reaves Y Reece

WEDNESDAY, MARCH 1, 2000

Y Reed Y Reese Y Reichert E 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 Sinkfield Y Skipper E 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
Stanley, P Y Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense

1681
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Skipper of the 137th assumed the Chair.
HB 1256. By Representatives Stallings of the 100th and West of the 101st:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change provisions relating to the ability of visually or physically disabled persons and deaf persons to use guide or service dogs; to expand places where guide or service dogs and guide or service dogs in training are permitted; to enhance penalties for denial of access.

The report of the Committee, which was favorable to the 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 Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channel! 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
Floyd Y Franklin

Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson

Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L E Massey Y McBee E McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y (Weal

Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert E Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder

1682
Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield
Skipper

JOURNAL OF THE HOUSE

E 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
Stanley, P Y Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor

E 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 801. By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th: A bill to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to the income tax credits for certain low-emission vehicles, so as to increase the amount of such credits; to increase the carry forward periods of such credits; to provide for an additional credit with respect to certain electric vehicle chargers.
The following Committee substitute was read:
A BILL
To amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to the income tax credits for certain low-emission vehicles, so as to increase the amount of such credits; to increase the carry forward periods of such credits; to provide for an additional credit with respect to certain electric vehicle chargers; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to the income tax credits for certain low-emission vehicles, is amended by striking subsections (b) through (f) and inserting in their places new subsections (b) through (g) to read as following:
"(b) A tax credit is allowed against the tax imposed under this article to a taxpayer for the purchase or lease of a new low-emission vehicle that is registered in a covered area. The amount of the credit shall be $1,600.00 $2,500.00 per new low-emission vehicle.
(c) A tax credit is allowed against the tax imposed under this article to a taxpayer for the conversion of a conventionally fueled vehicle to a converted vehicle that is registered in a covered area. The amount of the credit shall be equal to the cost of conversion, not to exceed $1,600.00 $2,500.00 per converted vehicle.

WEDNESDAY, MARCH 1, 2000

1683

(d) A tax credit is allowed against the tax imposed under this article to any business enterprise for the purchase or lease of each electric vehicle charger that is located in a covered area. The amount of the credit shall be $2,500.00 per charger.
Xe) The credits granted under this Code section shall be subject to the following conditions and limitations:
(1) All claims for any credit provided by subsection (b) of this Code section shall be:
(A) Accompanied by a certification issued by the automobile dealership where the new low-emission vehicle was purchased or leased; and
(B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new low-emission vehicle at retail;
(2) In order to qualify for a tax credit in a particular calendar year for the lease of a new low-emission vehicle under subsection (b) of this Code section, the lease must be in effect prior to or on the last day of the calendar year in which the credit is claimed;
(3) All claims for any credit provided by subsection (c) of this Code section must be accompanied by a certification issued by the Environmental Protection Division of the Department of Natural Resources;
(4) Motor vehicles subject to the requirements imposed upon fleet operators by the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, and applicable federal regulations are not eligible for any tax credit under this Code section;
(5) All claims for any credit provided by subsection (d) of this Code section shall be:
(A) Accompanied by a certification issued by the seller where the new electric vehicle charger was purchased or leased; and
(B) Made only by a taxpayer who is the ultimate purchaser or lessee of a new electric vehicle charger at retail;
(6X6) Any credit claimed under this Code section but not used in any taxable year may be carried forward for three five years from the close of the taxable year in which a new low-emission vehicle was purchased or leased or a conventionally fueled vehicle was changed into a converted vehicle, provided that the applicable certification required in paragraph (1) or (3) of this subsection accompanies any such claim; and
(6X7) In no event shall the amount of any tax credit provided in this Code section exceed the taxpayer's income tax liability.
(eXf) The state revenue commissioner shall be authorized to adopt rules and regulations to provide for the administration of any tax credit provided by this Code section.
ffXg) The Board of Natural Resources shall be authorized to adopt rules and regulations to provide for:
(1) The specific standards and requirements for low-emission and converted vehicles and electric vehicle chargers which shall be consistent with the terms of this Code section;

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JOURNAL OF THE HOUSE

(2) An approved certification form which shall be issued by an automobile dealership which certifies the purchase or lease of a new low-emission vehicle that is qualified for a tax credit provided by this Code section; and
(3) The certification of any converted vehicle that is qualified to claim a tax credit provided by this Code section; and T
(4) An approved certification form which shall be issued by the seller which certifies the purchase or lease of a new electric vehicle charger that is qualified for a tax credit provided by this Code section."
SECTION 2.
This Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Grindley of the 35th and Scheid of the 17th move to amend the Committee substitute to HB 801 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"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 and exemptions and credits related thereto, so as to increase the amount of income tax credits for certain low-emission vehicles; to increase the carry forward periods of.
By inserting following the word and symbol "foregoing;" on line 9 of page 1 the following:
"to provide for definitions; to provide for tax credits for the purchase and installation of diesel particulate emission reduction technology equipment; to provide for the terms and conditions related to such tax credit; to provide for the powers, duties, and authority of the state revenue commissioner with respect to the foregoing;".
By striking lines 14 through 16 of page 1 and inserting in lieu thereof the following:
"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 and exemptions and credits related thereto, is amended in Code Section 48-7-40.16, relating to the income tax credits for certain low-emission vehicles, by striking subsections".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.
By inserting between lines 24 and 25 of page 3 the following:
"SECTION 2.
Said article is further amended by adding a new Code Section 48-7-40.17 to read as follows:

WEDNESDAY, MARCH 1, 2000

1685

'48-7-40.17.

(a) As used in this Code section, the term:

(1) "Commercial motor vehicle" means a motor vehicle designed or used to transport property and having a gross vehicle weight rating of 26,001 or more pounds.

(2) "Diesel particulate emission reduction technology equipment" means any equipment which meets standards adopted by the Georgia Regional Transportation Authority and which provides for heat, air conditioning, light, and communications for the driver's compartment of a commercial motor vehicle which is parked at a truck stop, depot, or other facility the use of which results in the engine being turned off with a corresponding reduction of particulate emissions from such vehicle's diesel engine.
(b) A tax credit against the tax imposed under this article shall be granted to any person who installs diesel particulate emission reduction technology equipment at any truck stop, depot, or other facility. The amount of the tax credit shall be equal to 10 percent of the total of the cost of the diesel particulate emission reduction technology equipment and the cost of installation of such equipment. The tax credit provided under this Code section shall be allowed for the taxable year in which the taxpayer first places the equipment in use. Any credit which is not used in the year in which the equipment is first placed in use shall not be carried forward to any future year.

(c) For every year for which the taxpayer claims the credit authorized by this Code section, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return setting forth the following information:
(1) A description of the diesel particulate emission reduction technology equipment installed;
(2) The location at which such equipment was installed; and

(3) The cost of the equipment and the cost of installation of the equipment.

(d) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section.'".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Alien Y Anderson 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 Channel! Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T
Connell Y Cooper Y Cox

Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson

Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golick Y Graves Y Greene

1686
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 Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

JOURNAL OF THE HOUSE

Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox
Y Mann Y Manning Y Martin, J Y Martin, J.L
E Massey Y McBee E McCall
Y McClinton Y 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
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
E 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 E 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
Stanley, P

Y Stanley-Turner E Stephens
Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert
Y Trense Y Turnquest
Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson
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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 1285. By Representatives Irvin of the 45th, Ehrhart of the 36th, Graves of the 125th, Snelling of the 99th, Stancil of the 16th and others: A bill to amend Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," so as to provide for the appointment of a taxpayers' pension advocate; to provide that such advocate's duties shall be to raise all possible factual and legal objections to the separation of the employee and the granting of involuntary separation benefits to such person.
The following amendment was read and adopted:
Representatives Irvin of the 45th and Walker of the 141st move to amend HB 1285:
Strike the comma after "Georgia" on line 31, page 1, and insert a period.
Strike all the remainder of line 31, page 1, and all of lines 32 and 33, page 1.
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 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 E Coleman, B Y Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

WEDNESDAY, MARCH 1, 2000

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
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 Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L E Massey Y McBee E 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 Handall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert E 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 SinkBeld
Skipper E Smith, B Y Smith, C Y Smith, C.W Y Smith, L

1687
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, P Y Stanley-Turner E Stephens Y Stokes
Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, H 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.
HB 1583. By Representatives Kaye of the 37th, Buck of the 135th, Royal of the 164th, Skipper of the 137th, Parham of the 122nd and others: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from state sales and use tax with respect to the sale of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes

Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks

Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd

Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan

E Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings

1688
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

JOURNAL OF THE HOUSE

Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L E Massey

Y McBee E McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese

Y Reichert E 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 E 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

Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trenae Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Smith of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1582. By Representatives Scarlett of the 174th and Buck of the 135th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen.

The report of the Committee, which was favorable to the 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 Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
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
Howard 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

WEDNESDAY, MARCH 1, 2000

Y Lewis Y Lord Y Lucas Y Maddox Y Mann
Manning Martin, J Y Martin, J.L E Massey Y McBee E McCall Y McClinton Y McRinney 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 Y Reese Y Reichert
E 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
E 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
Stanley, P Y Stanley-Turner

1689
E Stephens Stokes
Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1210. By Representatives Poag of the 6th and Jenkins of the 110th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from sales and use taxes for certain sales of coins or currency, and for certain sales of gold, silver, or platinum bullion.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong
Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown
Y Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd
Callaway
Y Campbell Y Cash

Y Channel! Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T Y Connell
Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Epps Y Evans

Y Everett Y Felton Y Floyd
Y Franklin Y Golick Y Graves Y Greene Y Grindley
Y Hammontree Y Hanner Y Harbin Y Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Houston
Howard
Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Y Lane Y Lewis Y Lord
Y Lucas Maddox
Y Mann Y Manning
Y Martin, J Y Martin, J.L
E Massey Y McBee
E McCall Y McClinton

Y McKinney Y Millar Y Mills Y Mobley
Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster
Y Poag Y Ponder Y Porter Y Powell
Y Purcell Ragas
Y Randall
Y Ray Y Reaves Y Reece

1690
Y Reed Y Reese Y Reichert E Rice Y Richardson Y Roberts Y Rogers
Royal Y Sanders Y Sauder Y Scarlett Y Scheid

JOURNAL OF THE HOUSE

Y Scott Y Shanahan Y Shaw
Y Shipp Y Sholar
Y Sims Y Sinkfield
Skipper
E 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
Stanley, P Y Stanley-Turner

E Stephens Y Stokes Y Stuckey
Y Taylor E Teague
Y Teper Y Tillman Y Tolbert
Y Trense Y Turnquest
Y Twiggs Y Untennan

Y Walker, L Y Walker, Hi 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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Royal of the 164th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1363. By Representatives Randall of the 127th, Buckner of the 95th, McKinney of the 51st, Jones of the 71st, Jackson of the 148th and others:
A bill to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to increase the membership of the State Records Committee by adding a representative of a governing body as a member of the State Records Committee.

The report of the Committee, which was favorable to the 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 Y Buckner Y Bulloch Y Bunn
Y Burkhalter Y Byrd
Callaway
Y 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
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 Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B
Y Jackson, L Y James Y Jamieson
Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Y Lane

Y Lewis
Y Lord Y Lucas
Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L
E Massey Y McBee E McCall Y McClinton Y McKinney Y Millar
Y Mills Mobley
Y Morris Y Mosley Y Mueller
Y CCNeal Y Orrock Y Parham
Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Y Ponder

Y Porter
Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reaves Y Reece
Y Reed Y Reese Y Reichert E 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

E 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

WEDNESDAY, MARCH 1, 2000

Y Smyre Y Snelling N Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner

E Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tfflman Y Tolbert

Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West

1691
Y Westmoreland Whitaker
Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Due to a mechanical malfunction, the vote of Representative Snow of the 2nd was recorded as "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1183. By Representatives Rogers of the 20th, Murphy of the 18th, Walker of the 141st, Powell of the 23rd, Parham of the 122nd and others: A bill to amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, so as to prohibit the operation on public roads of certain motor vehicles which supply or are specially equipped to supply the motor vehicles' combustion engines with nitrous oxide fuel additives.
The following Committee substitute was read and adopted: A BILL
To amend Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, so as to prohibit the operation on public roads of certain motor vehicles which supply the motor vehicles' combustion engines with nitrous oxide; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding equipment of motor vehicles, is amended by adding a new Code Section 40-8-10 to read as follows:
"40-8-10.
(a) It shall be unlawful for any person on a public road to drive a passenger car, excluding a motor home, which supplies the motor vehicle's combustion engine with nitrous oxide unless the system supplying nitrous oxide is made inoperative by disconnecting the line feeding nitrous oxide to the engine or by removing the container or containers of nitrous oxide from the vehicle.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."

1692

JOURNAL OF THE HOUSE

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson 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 Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channell Y Guilders Y Clark
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
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 Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Y Lord N Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L E Massey Y McBee E McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Heece Y Reed Y Reese Y Reichert E 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
Skipper E 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 Stantil
Stanley, P Stanley-Turner E Stephens Y Stokes Y Stuckey Y Taylor E Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1265. By Representatives Smith of the 12th, Sims of the 167th and Royal of the 164th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the signature and written declaration of persons making returns of taxable property; to provide for prima-facie evidence with respect to such returns.

WEDNESDAY, MARCH 1, 2000

1693

The report of the Committee, which was favorable to the 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 Callaway
Y Campbell Y Cash Y Channell
Y Childers Y Clark Y Coan E Coleman, B Y Coleman, T Y Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
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 Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L E Massey Y McBee E 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
Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert E Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp
Sholar Y Sims Y Sinkfield
Skipper E 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 E Stephens Y Stokes Y Stuckey Y Taylor E Teague YTeper Y Tillman Y Iblbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 784 was postponed until Friday, March 3, 2000.
HB 1463. By Representatives Lane of the 146th, Mosley of the 171st, Morris of the 155th, Barnard of the 154th, Stokes of the 92nd and others: A bill to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that certain restrictions on cast nets shall be applicable to cast nets having a radius of seven feet or more and certain restrictions shall apply to larger cast nets.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1694

JOURNAL OF THE HOUSE

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Men Y Anderson N Ashe N Bailey Y Bannister Y Barnard Y Barnes N Benefield Y Birdsong N Bohannon N Bordeaux Y Borders N Bridges N Brooks N Brown Y Buck N Buckner Y Bulloch N Bunn N Burkhalter Y Byrd N Callaway N Campbell N Cash
Channell Y Childers N Clark N Coan E Coleman, B Y Coleman, T Y Connell N Cooper N Cox Y Crawford Y Cummings Y Davis, M

N Davis, T Y Day
Dean N DeLoach, B N DeLoach, G N Dix
Dixon N Dodson
Dukes Y Ehrhart N Epps N Evans N Everett N Felton Y Floyd Y Franklin Y Golick N Graves Y Greene Y Grindley N Hammontree Y Hanner N Harbin N Harrell N Heard N Heckstall Y Hegstrom N Hembree
Henson Y Holland N Holmes N Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

N Hugley N Irvin Y Jackson, B Y Jackson, L N James
Jamieson Y Jenkins N Jennings
Jones Y Joyce N Kaye Y Lane N Lewis Y Lord
Lucas N Maddox N Mann N Manning
Martin, J Y Martin, J.L E Massey Y McBee E McCall N McClinton N McKinney N Millar N Mills Y Mobley Y Morris Y Mosley N Mueller N OTCeal N Orrock Y Parham Y Parrish Y Parsons

N Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell N Purcell
N Handall N Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice N Richardson N Roberts N Rogers Y Royal Y Sanders E Sauder N Scarlett N Scheid N Scott Y Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield
Skipper E Smith, B Y Smith, C Y Smith, C.W Y Smith, L

N Smith, L.R N Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow N Squires N Stallings N Stancil
Stanley, P Y Stanley-Turner E Stephens Y Stokes N Stuckey N Taylor E Teague N Teper N Tillman N Tolbert N Trense Y Turnquest N Twiggs N Unterman Y Walker, L Y Walker, R.L N Watson N West N Westmorland N Whitaker N Wiles N Williams, J
Williams, R Y Win
Yates Murphy, Spkr

On the passage of the Bill, the ayes were 63, nays 95.
The Bill, having failed to receive the requisite constitutional majority, was lost.
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 1088 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

WEDNESDAY, MARCH 1, 2000

1695

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1187. By Representatives Evans of the 28th and Reese of the 85th:
A resolution inviting the South Forsyth High School Cheerleaders and their coaches to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:
HR 1190. By Representatives Dukes of the 161st, Everett of the 163rd and Roberts of the 162nd: A resolution commending Dr. Laurence T. Crimmins.
HR 1191. By Representatives Evans of the 28th and Reese of the 85th: A resolution commending the South Forsyth High School Cheerleaders.
HR 1192. By Representative Murphy of the 18th: A resolution commending the Georgia textile industry and the Georgia Textile Manufacturers Association on the 100th anniversary of the association.
HR 1193. By Representative Smith of the 91st: A resolution commending Sammy H. Sanders.
HR 1194. By Representative Smith of the 169th: A resolution recognizing the honorary name of County Road 16 in Bacon County as Elton C. Smith Road and urging that a sign be erected below the official name of Mallard Road given by the Bacon County Board of Commissioners which would read "In Honor of Elton C. Smith".
HR 1195. By Representative Smith of the 169th: A resolution recognizing the honorary name of County Road 189 in Bacon County as Giles L. Tallent, Sr., Road and urging that a sign be erected below the official name of Snapper Road given by the Bacon County Board of Commissioners which would read "In Honor of Giles L. Tallent, Sr.".
HR 1196. By Representatives Smith of the 169th and Manning of the 32nd: A resolution recognizing the honorary name of County Road 163 in Bacon County as Ruel T. Lott Road and urging that a sign be erected below the official name of Goby Lane given by the Bacon County Board of Commissioners which would read, "In Honor of Ruel T. Lott".
HR 1197. By Representative Smith of the 169th: A resolution recognizing the honorary name of County Road 192 in Bacon County as Giles L. Tallent, Jr., Road and urging that a sign be erected below the official name of Shad Road given by the Bacon County Board of Commissioners which would read "In Honor of Giles L. Tallent, Jr.,".

1696

JOURNAL OF THE HOUSE

HR 1198. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 218 in Bacon County as Colbert Taylor Road and urging that a sign he erected below the official name of Pondhouse Road given by the Bacon County Board of Commissioners which would read, "In Honor of Colbert Taylor".

HR 1199. By Representatives Mobley of the 69th, Brooks of the 54th, Teper of the 61st, Ragas of the 64th, McClinton of the 68th and others:
A resolution in memory of the life and death of Mr. Amadou Diallo.

HR 1200. By Representative Mobley of the 69th: A resolution honoring the memory of Lucille Williams White.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1088. By Representatives Coleman of the 142nd, Banner of the 159th, Floyd of the 138th, Reaves of the 178th, Royal of the 164th and others:
A resolution recognizing the Georgia peanut industry and the Georgia Peanut Producers Association and inviting Mr. Paul English to appear before the House of Representatives.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 648 Do Pass HR 811 Do Not Pass HR 874 Do Pass, as Amended HR 875 Do Pass, as Amended HR 936 Do Not Pass HR 976 Do Pass, as Amended

HR 1009 Do Not Pass HR 1050 Do Pass, as Amended HR 1053 Do Pass, as Amended HR 1128 Do Not Pass SB 398 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

WEDNESDAY, MARCH 1, 2000

1697

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1422 Do Pass, by Substitute
Respectfully submitted, Isl Sinkfield of the 57th
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1352 Do Pass, as Amended HR 955 Do Pass, by Substitute
Respectfully submitted, Isl Childers of the 13th
Chairman

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1080 Do Pass
Respectfully submitted, Isl Byrd of the 170th
Chairman

Representative Smith of the 109th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

1698

JOURNAL OF THE HOUSE

HB 549 Do Pass, by Substitute

Respectfully submitted, 1st Smith of the 109th
Chairman

Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 846 Do Pass, by Substitute HB 1492 Do Pass, by Substitute HB 1609 Do Pass, by Substitute
Respectfully submitted, lei Hudson of the 156th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1626 Do Pass, by Substitute
Respectfully submitted, lei Lucas of the 124th
Chairman

Pursuant to HR 1169, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Friday, March 3, 2000.

FRIDAY, MARCH 3, 2000

1699

Representative Hall, Atlanta, Georgia Friday, March 3, 2000
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 Bob Homer, Pastor, Peachtree Corners Baptist Church, Norcross, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1645. By Representatives Manning of the 32nd, Sauder of the 29th, Grindley of the 35th, Parsons of the 40th, McKinney of the 51st and others: A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of members of the Authority and the provisions relating to voting by property owners.
Referred to the Committee on State Planning & Community Affairs - Local.

1700

JOURNAL OF THE HOUSE

HB 1646. By Representatives Ashe of the 46th and Irvin of the 45th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages generally, so as to provide that in any county having a population of not less than 350,000 according to the United States decennial census of 1990 or any future such census no licensed premises shall remain open for public business each day after 2:00 A.M..
Referred to the Committee on Regulated Beverages.
HB 1647. By Representative Parsons of the 40th: A bill to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to used motor vehicles and used motor vehicle parts dealers, so as to provide that a place of business used solely for Internet or electronic commerce sales shall not be required to be marked by a sign.
Referred to the Committee on Motor Vehicles.
HB 1648. By Representatives DeLoach of the 172nd, Barnard of the 154th, Tillman of the 173rd and Mosley of the 171st: A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for staggered terms for the chairperson and commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1649. By Representative Joyce of the 1st: A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to create and define a tort of alienation of affections; to provide that proof of certain conduct shall be considered in calculating damages.
Referred to the Committee on Judiciary.
HB 1650. By Representatives Holmes of the 53rd, Brooks of the 54th, McKinney of the 51st, Reed of the 52nd, Sinkfield of the 57th and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a property tax amnesty program for certain senior citizens.
Referred to the Committee on Ways & Means.
HB 1651. By Representative Whitaker of the 7th: A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority; to provide for the appointment and initial terms of office of the additional member.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 3, 2000

1701

HB 1652. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th, Connell of the 115th and Alien of the 117th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for certain powers and duties of the marshall of said court.

Referred to the Committee on State Planning & Community Affairs - Local.

HB 1653. By Representative Callaway of the 81st:
A hill 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 an exception to provisions setting out when a child may be taken into custody, when a child may be detained, when interim control of an accused juvenile is permitted, procedures relating to taking a child into custody, and places of detention.
Referred to the Committee on Judiciary.

HB 1654. By Representative Skipper of the 137th:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to provide for the Southwest Georgia Railroad Excursion Authority.
Referred to the Committee on Rules.

HR 1188. By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and Shaw of the 176th:
A resolution honoring the life of Billy Browning and designating the Billy Browning Highway.
Referred to the Committee on Transportation.

HR 1201. By Representative Burkhalter of the 41st:
A resolution proposing an amendment to the Constitution so as to provide for the creation of additional counties and the merger of any portion of one county with another county.
Referred to the Committee on Rules.

HR 1202. By Representative Squires of the 78th: A resolution creating the Joint Study Commission on the Use of Existing and Potential Technology by the Department of Juvenile Justice.
Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

1702

JOURNAL OF THE HOUSE

HB 1663. By Representatives Day of the 153rd, Sauder of the 29th, Buck of the 135th, Mueller of the 152nd and Stephens of the 150th:
A bill to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to definitions regarding open and public meetings, so as to clarify the definition of an agency to which such provisions are applicable to include county boards of equalization and county boards of tax assessors.
Referred to the Committee on Ways & Means.

HB 1665. By Representatives Mueller of the 152nd, Stephens of the 150th and Day of the 153rd:
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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 1207. By Representatives Massey of the 86th, Coan of the 82nd, Williams of the 83rd and Benefield of the 96th: A resolution designating the J. W. Orr Memorial Highway.
Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1631 HB 1632 HB 1633 HB 1634 HB 1635 HB 1636 HB 1637 HB 1638 HB 1639 HB 1640 HB 1641 HB 1642 HB 1643 HB 1644

HR 1170 HR 1171 HR 1172 HR 1185 HR 1186 HR 1189 SB 401 SB 413 SB 424 SB 429 SB 446 SR 515 SR 541

Pursuant to Rule 52, Representative Harbin of the 113th moved that the following Bill of the House be engrossed:
HB 1637. By Representatives Borders of the 177th, Harbin of the 113th, Shaw of the 176th and Channell of the lllth:
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 prosthetic devices.

FRIDAY, MARCH 3, 2000

1703

The motion prevailed.

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 934 Do Pass HB 1104 Do Pass, by Substitute HB 1114 Do Pass, by Substitute HB 1619 Do Pass

HB 1336 Do Pass HR 260 Do Pass, by Substitute SB 290 Do Pass, by Substitute

Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Porter of the 143rd District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:
Your Committee on Higher Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1189 Do Pass, by Substitute HB 1629 Do Pass
Respectfully submitted, /s/ Porter of the 143rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the'following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1594 Do Pass
Respectfully submitted, /s/ Lord of 121st
Chairman

1704

JOURNAL OF THE HOUSE

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 327 Do Pass SB 333 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
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 1056 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 Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 514 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

FRIDAY, MARCH 3, 2000

1705

Mr. Speaker:

Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1615 Do Pass, as Amended SB 76 Do Pass SB 309 Do Pass

SB 400 Do Pass SR 490 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1501 Do Pass HB 1502 Do Pass HB 1505 Do Pass HB 1506 Do Pass HB 1620 Do Pass HB 1621 Do Pass

HB 1622 Do Pass HB 1624 Do Pass HB 1625 Do Pass HB 1627 Do Pass HB 1628 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1455 Do Pass HB 1577 Do Pass

HB 1637 Do Pass HR 973 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

The following report of the Committee on Rules was read and adopted:

1706

JOURNAL OF THE HOUSE

HOUSE RULES CALENDAR FRIDAY, MARCH 3, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:
HB 543 Employees' Ret; transfer cert contributions to Judicial Ret Sys HB 1291 Hotel-motel tax; additional purposes; certain counties HB 1310 Intangible recording tax; collections; reports; distribution HB 1354 Quia timet; special master; clouds on title; removal HB 1356 Tax executions; real property; description; possession HB 1365 Safe Place for Newborns Act; enact HB 1400 Workers' compensation; employers' subrogation lien; certain waiver HB 1425 Tallapoosa Judicial Circuit; add judge HB 1508 Treasury & Fiscal Services, Office of; powers; investment standards
SB 330 Livestock Disease - fees for services by Agric. Dept. (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 1620. By Representatives Martin of the 145th and Lane of the 146th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to provide that the judge of the State Court of Bulloch County shall be full time and may not engage in the private practice of law; to change the compensation of such judge and the solicitor-general and the provisions relating thereto.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1621. By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the members of the board of commissioners; to provide for staggered terms for members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, MARCH 3, 2000

1707

HB 1622. By Representative Crawford of the 129th: A bill to create the Pike County Water and Sewerage Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1624. By Representatives Wix of the 33rd, Shipp of the 38th, Manning of the 32nd, Ehrhart of the 36th, Sauder of the 29th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1625. By Representatives Borders of the 177th, Shaw of the 176th and Reaves of the 178th: A bill to provide a new charter for the City of Valdosta.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1627. 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 remove a provision requiring the election of members of the board of education of Richmond County by majority vote.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1628. 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 in the County of Richmond, so as to change the provisions relating to letting contracts and opening bids.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1501. By Representatives Day of the 153rd, Stephens of the 150th 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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

1708

JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1502. By Representatives Day of the 153rd, Stephens of the 150th 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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1505. By Representatives Day of the 153rd, Stephens of the 150th and Mueller of the 152nd:
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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1506. By Representatives Day of the 153rd, Stephens of the 150th 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 by which the current year assessed value of a homestead exceeds the base year assessed value 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 Y Bailey Y Bannister Y 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 Campbell Cash
Y Channel! 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 Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon Y Dodson
Dukes

Ehrhart Epps
Y Evans Y Everett Y Felton Y Floyd
Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Banner Harbin Harrell

Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N
Y Hugley Y Irvin E Jackson, B

N Jackson, L James Jamieson Jenkins
Y Jennings Jones
Y Joyce YKaye
Lane Y Lewis Y Lord
Lucas
Y Maddox E Mann Y Manning
Martin, J Y Martin, J.L Y Massey
Y McBee McCall McClinton

FRIDAY, MARCH 3, 2000

Y McKinney
YMillar Y Mills
Y Mobley Morris
Y Mosley Y Mueller Y OTSTeal Y Orrock
Parham Parrisb Y Parsons
Y Pelote Y Pinholster YPoag E Ponder
Porter Powell Y Purcell
Y Eagas Randall

Ray Reaves Y Reece YReed
Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scarlett E Scheid Y Scott
Y Shanahan Shaw
Y Shipp Y Sholar Y Sims

Y Sinkfield Y Skipper E Smith, B
Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling
Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens
E Stokes Stuckey

1709
Y Tfeylor Y Teague Y Teper
Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 129, 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 Senate and House:
SB 438. By Senators Brown of the 26th, Madden of the 47th and Golden of the 8th: A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to change certain provisions relating to requirements for license for transaction of business, fees, change of address, and examination of applicants; to change certain provisions relating to maintenance of records of transactions by licensees and examination of records by the Commissioner of Insurance; to change certain provisions relating to form, contents, execution, and delivery of premium finance agreements; to change certain provisions relating to service charges.
SB 468. By Senators Johnson of the 1st and Thomas of the 2nd: A bill to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, so as to provide that a vertical expansion shall be permitted under certain circumstances when the owner of a facility has a modification plan involving the removal of waste to a conforming facility; to provide for a corrective plan in the event of nonconformance; to provide for a closure plan.

1710

JOURNAL OF THE HOUSE

SB 474. By Senators Jackson of the 50th, Thompson of the 33rd, Butler of the 55th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the O.C.G.A., relating to the state-wide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act.

HB 613. By Representatives Jenkins of the 110th, Porter of the 143rd and Holland of the 157th:
A bill to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that under certain conditions the Georgia Crime Information Center is authorized to disseminate electronically criminal history records of in-state felony convictions, pleas, and sentences to private persons, businesses, public agencies, and political subdivisions upon request without fingerprint comparison or consent of the person who records are requested.

HB 654. By Representative Greene of the 158th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide for creditable service for certain employees of district attorneys for certain prior service.

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.

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.

HB 1148. By Representatives Cummings of the 27th, Shanahan of the 10th and McBee of the 88th:
A bill to amend Code Section 47-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Defined Contribution Plan, so as to provide that members of state boards and commissions shall not be deemed employees.

FRIDAY, MARCH 3, 2000

1711

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate and House:

SR 459. By Senators Walker of the 22nd, Dean of the 31st, Streat of the 19th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia.

SR 519. By Senators Tate of the 38th, Streat of the 19th, Cheeks of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for submission of this amendment for ratification or rejection.

HR 621. By Representative Floyd of the 138th: A resolution designating the Toombs Taylor Morgan Memorial Bridge.

HR 754. By Representatives McCall of the 90th, Jackson of the 112th and Bailey of the 93rd:
A resolution designating a portion of State Highway 43 as the Pierce Jackson Ferguson Memorial Highway.

The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 1158. By Representatives Jenkins of the 110th, Stuckey of the 67th, Murphy of the 18th and others:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for appointment as senior judges certain judges of probate courts; to provide that any judge of a probate court may serve as an assisting judge in any other probate court upon the request of the judge of the requesting court.

The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 504. 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; to provide for related matters.
SB 505. By Senators Starr of the 44th and Hecht of the 34th: A bill to provide for the authority of the governing authority of Clayton County to request that the election superintendent of Clayton County call

1712

JOURNAL OF THE HOUSE

and conduct an advisory election for the purpose of submitting to the electors of Clayton County for approval or rejection the question of whether to fund a bus transportation system in Clayton County; to specify the form of the ballot; to provide for an effective date.

SB 507. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Conyers," as amended, so as to change the jurisdiction of the Municipal Court of the City of Conyers.

SB 508. By Senators Gingrey of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the chief judge, judges, and associate judges of the state court; to provide an effective date.

The Senate adheres to its disagreement to the House amendment to the Senate amendment and has appointed a Committee of Conference on 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 President has appointed as a Committee of Conference on the part of the Senate the following:

Senators Ragan of the llth, Stokes of the 43rd and Walker of the 22nd.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 438. By Senators Brown of the 26th, Hill of the 4th and Golden of the 8th:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to change certain provisions relating to requirements for license for transaction of business, fees, change of address, and examination of applicants; to change certain provisions relating to maintenance of records of transactions by licensees and examination of records by the Commissioner of Insurance; to change certain provisions relating to form, contents, execution, and delivery of premium finance agreements; to change certain provisions relating to service charges.
Referred to the Committee on Insurance.

FRIDAY, MARCH 3, 2000

1713

SB 468. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, so as to provide that a vertical expansion shall be permitted under certain circumstances when the owner of a facility has a modification plan involving the removal of waste to a conforming facility; to provide for a corrective plan in the event of nonconformance; to provide for a closure plan.
Referred to the Committee on Industry.

SB 474. By Senators Jackson of the 50th, Thompson of the 33rd, Butler of the 55th and others:
A bill to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the O.C.G.A., relating to the state-wide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act.
Referred to the Committee on State Institutions & Property.

SB 504. 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; to provide for related matters.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 505. By Senators Starr of the 44th and Hecht of the 34th:
A bill to provide for the authority of the governing authority of Clayton County to request that the election superintendent of Clayton County call and conduct an advisory election for the purpose of submitting to the electors of Clayton County for approval or rejection the question of whether to fund a bus transportation system in Clayton County; to specify the form of the ballot; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 507. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Conyers," as amended, so as to change the jurisdiction of the Municipal Court of the City of Conyers.
Referred to the Committee on State Planning & Community Affairs - Local.

1714

JOURNAL OF THE HOUSE

SB 508. By Senators Gingrey of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the chief judge, judges, and associate judges of the state court; to provide an effective date.

Referred to the Committee on State Planning & Community Affairs - Local.

SR 459. By Senators Walker of the 22nd, Dean of the 31st, Streat of the 19th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia.
Referred to the Committee on Rules.

SR 519. By Senators Tate of the 38th, Streat of the 19th, Cheeks of the 23rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for submission of this amendment for ratification or rejection.
Referred to the Committee on Appropriations.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1203. By Representative Birdsong of the 123rd: A resolution commending Chuck and Rose Lane Leavell and inviting them to appear before the House of Representatives.
HR 1205. By Representative Channell of the lllth: A resolution commending the Gatewood Lady Gators and inviting them to appear before the House of Representatives.

The following Resolution of the House was read and adopted:
HR 1204. By Representative Henson of the 65th: A resolution recognizing Mrs. Monna Gillis Smith.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on State Planning and Community Affairs:

FRIDAY, MARCH 3, 2000

1715

HB 1593. By Representatives Rice of the 79th, Trense of the 44th, Cox of the 105th, Watson of the 70th and Shanahan of the 10th:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflict of interest in zoning actions, so as to provide a short title; to change certain provisions relating to disclosure of campaign contributions; to provide for disqualification of local government officials from voting on rezoning actions in certain cases.

Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 1356. By Representative Crawford of the 129th:
A bill to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to provide for an alternative method of describing real property being sold for taxes; to provide that purchasers of property at tax sales may obtain possession of the property following the sale; to provide for summary dispossessory procedures against occupants thereof.

By unanimous consent, HB 1356 was postponed until Monday, March 6, 2000.

By unanimous consent, HB 1354 was postponed until Monday, March 6, 2000.
HB 1365. By Representatives Barnard of the 154th, Smith of the 103rd, Manning of the 32nd, Smith of the 109th and Grindley of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide for a definition; to provide for immunity from criminal prosecution in certain circumstances.

Representative Stallings of the 100th moved that HB 1365 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
Bailey Y Bannister N Barnard N Barnes Y Benefield
Birdsong N Bohannon Y Bordeaux
Borders
N Bridges N Brooks N Brown N Buck
N Buckner N Bulloch

N Bunn N Burkhalter N Byrd
N Callaway N Campbell N Cash N Channel! N Childers
N Clark N 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 N DeLoach, G N Dix N Dixon N Dodson
N Dukes N Ehrhart N Epps N Evans
N Everett N Felton N Floyd N Franklin
N Golick N Graves

N Greene N Grindley N Hammontree
N Hanner Y Harbin N Harrell N Heard N Heckstall
N Hegstrom N Hembree N Henson N Holland
N Holmes Y Houston
Howard N Hudgens
E Hudson, H N Hudson, N

N Hugley N Irvin E Jackson, B
N Jackson, L N James N Jamieson N Jenkins N Jennings
N Jones N Joyce N Kaye N Lane
N Lewis Lord
N Lucas N Maddox
E Mann N Manning

1716
N Martin, J N Martin, J.L N Massey N McBee Y McCall N McClinton N McKinney N Miller N Mills N Mobley N Morris N Mosley N Mueller N O'Neal
Orrock N Parham N Parrish N Parsons

JOURNAL OF THE HOUSE

N Pelote N Pinholster YPoag E Ponder N Porter N Powell N Purcell N Ragas N Randall
Ray N Reaves N Reece N Reed N Reese N Reichert Y Rice N Richardson N Roberts

N Rogers N Royal Y Sanders N Sauder N Scarlett E Scheid N Scott N Shanahan
Shaw N Shipp
Sholar N Sims N Sinkfield
Skipper E 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
Smyre N Snelling N Snow N Squires Y Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes Y Stuckey N Taylor N Teague E Teper

N Tillman N Tblbert 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 Y Williams, R N Wix N Yates
Murphy, Spkr

On the motion, the ayes were 18, nays 142.
The motion was lost.
The following Committee substitute was read: A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide immunity from prosecution for specified crimes for a parent who leaves a newborn child in the custody of an employee, agent, or staff member of a medical facility in specified circumstances; to provide for duties of medical facilities accepting a newborn child for inpatient admission and the Department of Human Resources; to provide for civil and criminal immunity for medical facilities and their employees; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new chapter to be designated Chapter IDA to read as follows:
"CHAPTER 10A
19-10A-1.
This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2000.'
19-10A-2.
It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a parent who abandons the newborn.

FRIDAY, MARCH 3, 2000

1717

19-10A-3.
A parent shall not be prosecuted for the crimes specified in Code Section 19-10A-4 if:
(1) The parent leaves his or her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position;
(2) The newborn child is no more than one week old; and
(3) The newborn child has not been physically abused by such parent.
As used in this Code section, the term 'medical facility" shall mean any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or any building or facility where human births occur on a regular and ongoing basis which is classified by the Department of Human Resources as a birthing center, but shall not mean physicians' or dentists' private offices.
19-10A-4.
A parent who acts as contemplated in Code Section 19-10A-3 shall not be prosecuted for a violation of:
(1) Code Section 16-5-70, cruelty to a child;
(2) Code Section 16-12-1, contributing to the delinquency, unruliness, or deprivation of a child; or
(3) Code Section 19-10-1, abandonment of a dependent child.
19-10A-5.
The Department of Human Resources shall investigate and report to the General Assembly as to children left as contemplated in Code Section 19-10A-4, including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities concerning the acts and consequences thereof contemplated in Code Section 19-10A-4.
19-10A-6.
A medical facility which accepts for inpatient admission a child left as contemplated by Code Section 19-10A-4 shall notify the Department of Human Resources at such time as the child is medically ready for discharge. Upon such notification, the Department of Human Resources shall take physical custody of the child within six hours.
19-10A-7.
Medical facilities and their employees, agents, and staff members shall not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided for in this article."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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JOURNAL OF THE HOUSE

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:
Representative Anderson of the 116th moves to amend the Committee substitute to HB 1365 as follows: On page 2, delete line 5, and insert in lieu thereof the following:
"the newborn child is of any age; and"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
N Ashe N Bailey N Bannister
N Barnard N Barnes Y Benefield
Birdsong N Bohannon N Bordeaux
Borders N Bridges
Y Brooks N Brown N Buck N Buckner
N Bulloch Bunn
N Burkhalter N Byrd N Callaway N Campbell
Y Cash N Channell
N 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
N Day Y Dean N DeLoach, B
N DeLoach, G N Dix N Dixon N Dodson
Dukes N Ehrhart
Y Epps N Evans N Everett
N Felton N Floyd N Franklin N Golick N Graves N Greene
N Grindley N Hammontree N Manner N Harbin N Harrell
Y Heard Y Heckstall Y Hegstrom N Hembree
N Henson N Holland N Holmes N Houston Y Howard N Hudgens E Hudson, H
N Hudson, N

Y Hugley N Irvin E Jackson, B Y Jackson, L Y James
N Jamieson N Jenkins N Jennings N Jones N Joyce
N Kaye N Lane N Lewis N Lord Y Lucas Y Maddox
E Mann N Manning N Martin, J N Martin, J.L
N Massey N McBee N McCall Y McClinton N McKinney N Millar
N Mills Y Mobley N Morris
N Mosley N Mueller N O'Neal
N Orrock N Parham N Parrish
N Parsons

Y Pelote N Pinholster
Y Poag E Ponder N Porter N Powell N Purcell
N Ragas N Randall Y Ray N Reaves
N Reece N Reed N Reese N Reichert
N Rice N Richardson
Y Roberts N Rogers N Royal N Sanders N Sauder
N Scarlett E Scheid N Scott N Shanahan
Shaw N Shipp
Sholar N Sims
Sinkfield N Skipper
E Smith, B N Smith, C N Smith, C.W N Smith, L

N Smith, L.H N Smith, P
N Smith, T N Smith, V Y Smyre N Snelling
N Snow N Squires Y StaUings N Stancil N Stanley, P N Stanley-Turner N Stephens
N Stokes N Stuckey Y Taylor Y league
E Teper N Tillman N Tblbert N Trense Y Turnquest
YTwiggs N Unterman N Walker, L N Walker, R.L Y Watson
N West N Westmoreland
N Whitaker N Wiles N Williams, J N Williams, R
N Wix N Yates
Murphy, Spin-

On the adoption of the amendment, the ayes were 29, nays 135. The amendment was lost.
The Committee substitute was adopted.

FRIDAY, MARCH 3, 2000

1719

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes N Benefield
Birdsong Y Bohannon N 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 N 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 YDay 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 E Hudson, H Y Hudson, N

Y Hugley Y Irvin E 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 E Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee N 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 N Poag E 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 N Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper E 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 Y Snelling Y Snow Y Squires N Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Tfeylor Y Teague E Teper Y Tillman Y Tolbert Y Trense Y Turnquest N Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 1365 was ordered immediately transmitted to the Senate.
HB 784. By Representatives Byrd of the 170th, West of the 101st, Dean of the 48th, Bohannon of the 139th, Orrock of the 56th and others: A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to enact a new article providing prescriptive authority to advanced practice registered nurses.
The following Committee substitute was read and withdrawn:

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JOURNAL OF THE HOUSE

A BILL

To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to enact a new article providing prescriptive authority to advanced practice registered nurses; to provide for a short title, legislative intent and findings, and definitions; to provide for collaborative practice agreements, forms, and their contents and conditions; to provide for application for certain registration numbers; to provide for liability and immunity therefrom; to provide for duties and powers of the Composite State Board of Medical Examiners and the Georgia Board of Nursing; to provide for disciplinary actions; to provide for continuing rights of certain nurses; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding at the end thereof a new Article 3 to read as follows:

"ARTICLE 3 43-26-50. This article shall be known and may be cited as the 'Health Access Improvement Act.'

43-26-51.

It is the intent of the General Assembly to facilitate the availability of quality health care for the citizens of this state. Health care is important to all persons, but it is a special concern for the elder citizen. The General Assembly finds that the advanced practice registered nurse is effective in increasing access to quality and affordable health care in a variety of ways to this and other populations. The General Assembly further finds that the benefits from the services of the advanced practice registered nurse are enjoyed by all persons, but especially the elderly, rural populations, and urban underserved communities. The advanced practice registered nurse, among other services, makes anesthesia services available in underserved areas, provides mental health services, delivers primary care in public health and other clinical settings, and reduces infant mortality. The General Assembly further finds that granting limited prescriptive authority to the advanced practice registered nurse subject to a collaborative practice agreement with a physician is appropriate in order to ensure the delivery of health care services in all areas of the state through the full utilization of the skills and training of the advanced practice registered nurse.
43-26-52.

As used in this article, the term:
(1) 'Advanced practice registered nurse' or 'A.P.R.N.' means a person licensed under Article 1 of this chapter as a registered professional nurse and who is authorized by the board to engage in advanced nursing practice. Only a person so licensed and authorized shall have the right to use the term 'advanced practice registered nurse' or use the abbreviation 'A.P.R.N.'.
(2) 'Board' means the Georgia Board of Nursing created under Code Section 43-26-4.

FRIDAY, MARCH 3, 2000

1721

(3) 'Collaborating physician' means a physician licensed to practice medicine in accordance with Article 2 of Chapter 34 of this title with whom an advanced practice registered nurse has entered into a collaborative practice agreement.
(4) 'Collaborative practice agreement' means a written agreement by and between an advanced practice registered nurse and a collaborating physician wherein the parties to such an agreement mutually agree to the terms and conditions for the exercise of prescriptive authority by the advanced practice registered nurse.
(5) 'Contact hour' means 50 minutes of participation in an educational activity. Ten contact hours equals one continuing education unit.
(6) 'Dangerous drug" means any controlled substance or dangerous drug, as defined in Code Sections 16-13-21 and 16-13-71, respectively.
(7) 'Prescribe' means to direct, order, or designate by spoken or written words the preparation, use, or manner of using any dangerous drug, devices, diagnostic studies, or equipment.
(8) 'Prescriptive authority1 means the right to prescribe.
43-26-53.
(a) A collaborative practice agreement:
(1) Shall be in writing and signed by the parties;
(2) Can only be between an advanced practice registered nurse and a physician who has a practice comparable in scope, specialty, or expertise to that of the advanced practice registered nurse or as may be otherwise approved by the board;
(3) Shall be in effect for no more than one year but may be renewed from time to time for no more than one year for each such renewal;
(4) Shall not authorize the ordering or prescribing of any Schedule I controlled substance;
(5) Shall not authorize the prescribing of Schedule II controlled substances unless specifically provided for in such agreement and only in accordance with the following limitations:
(A) A certified registered nurse midwife may be authorized to prescribe Schedule II controlled substances for intrapartum and postpartum patients;
(B) A clinical nurse specialist in psychiatric/mental health may be authorized to prescribe Schedule II controlled substances for behavior disorders;
(C) A nurse practitioner may be authorized to prescribe Schedule II controlled substances for pain management, behavior disorders, and sedation for procedures; and
(D) A certified registered nurse anesthetist may be authorized to prescribe Schedule II controlled substances for anesthesia and pain management;
(6) Shall authorize no more than a 30 day supply of any drug, except in cases of chronic illness in which case a 90 day supply may be authorized;

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(7) Shall authorize refills for not more than six months from the date of the original order, except that such refills for not more than 12 months may be authorized for oral contraceptives;
(8) Shall provide for the availability of, consultation by, and referral to the collaborating physician;
(9) Shall be substantially in the following form:
'Collaborative Practice Agreement
THIS AGREEMENT ("Agreement") entered into this ____ day of ________, __ by and between ______________ (Advanced practice registered nurse, "A.P.R.N.") and _____________ (Medical doctor, "MD") for mutual promises and valuable consideration set forth as follows:
1. The term of this Agreement shall not be for a period of time greater than one year and, accordingly, it shall commence on _________, __ and shall terminate on _________, __.
2. A.P.R.N. warrants that as a condition precedent to this Agreement he or she has submitted to the Georgia Board of Nursing ("Board") an application which documents that he or she is an advanced practice registered nurse who holds a current and unrestricted license as a registered professional nurse in the State of Georgia; is authorized by the Board to practice as an advanced practice registered nurse in the following area: (mark one) ( ) Nurse practitioner; ( ) Certified nurse midwife; ( ) Certified registered nurse anesthetist; ( ) Clinical nurse specialist in psychiatric/mental health; and has completed the requisite pharmacology requirements to enter into this Agreement.
3. A.P.R.N. further warrants that as a condition precedent to this Agreement his or her nursing license has been marked by the Board with appropriate prescriptive authority designation and he or she has been placed on the Board's prescriptive authority registry.
4. MD warrants that he or she is a physician who holds a current and unrestricted license to practice medicine in the State of Georgia; and has a practice which is comparable in scope, specialty, expertise, or otherwise as may be approved by the Board to that of A.P.R.N.
5. A.P.R.N. and MD agree that pursuant to this Agreement and Article 3 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, the following expresses the terms and conditions for the exercise of prescriptive authority by A.P.R.N. (insert details here):

Notwithstanding the terms and conditions expressed above to the contrary, A.P.R.N. shall not order or prescribe any Schedule I controlled substance; a nurse practitioner can only prescribe Schedule II substances for pain management, behavior disorders, and sedation for procedures; a certified nurse midwife can only prescribe Schedule II substances for intrapartum and postpartum patients; a certified registered nurse anesthetist can only prescribe Schedule II substances for anesthesia and pain management; and a clinical nurse specialist in psychiatric/mental health can only prescribe Schedule II substances for behavior disorders.

FRIDAY, MARCH 3, 2000

1723

6. Notwithstanding any provisions contained in this Agreement to the contrary, A.P.R.N. shall authorize no more than a 30 day supply of any drug, except in cases of chronic illness in which case a 90 day supply may be authorized and A.P.R.N. shall authorize refills for not more than six months from the date of original order, except that such refills for not more than 12 months may be authorized for oral contraceptives.
7. MD shall be available to A.P.R.N. for consultation and referral as follows (insert details here):

8. A.P.R.N. shall cause to be prominently posted in the office where he or she practices a notice indicating that the patient has a right to see MD prior to A.P.R.N. providing such patient any prescription.
9. A.P.R.N. shall: ( ) Append a copy of any prescription executed by A.P.R.N. to the medical record of the patient for whom a drug is prescribed; or ( ) Enter the information contained on the prescription onto the patient's chart.
10. Either party may terminate this Agreement at any time during its term by providing written notification to the other party.
11. This Agreement shall be interpreted pursuant to and governed by the laws of the State of Georgia.
IN WITNESS WHEREOF, the parties herein have hereunto set their hands and affixed their seals in duplicate, each copy to serve as an original, the day and year first above written.
_______________________ A.P.R.N.
________________________MD'
(b)(l) In order to enter into and prior to the execution of a collaborative practice agreement, an advanced practice registered nurse shall submit to the board an application which documents that the advanced practice registered nurse:
(A) Holds a current and unrestricted license as a registered professional nurse in this state;
(B) Has current authorization to practice as an advanced practice registered nurse; and
(C) Has completed:
(i) Graduate level pharmacology course work; or
(ii) Thirty contact hours in pharmacology within four years prior to entering into a collaborative practice agreement.
(2) Upon the satisfactory review of such an application from an advanced practice registered nurse, the board shall cause:
(A) The license of advanced practice registered nurse to be marked in a manner indicating that the advanced practice registered nurse has met the requirements to prescribe; and

1724

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(B) The name of the advanced practice registered nurse to be placed on a prescriptive authority registry created and maintained by the board for the purpose of making such names available to the public.
(c) In order to maintain the right to prescribe pursuant to the terms and conditions of a collaborative practice agreement, an advanced practice registered nurse shall:
(1) Obtain a minimum of five contact hours of continuing education in pharmacology or pharmacology management approved by a national professional accrediting organization each year an advanced practice registered nurse is in a collaborative practice agreement;
(2) Prominently post in the office in which that advanced practice registered nurse practices a notice that the patient has the right to see the physician who is a party to such agreement prior to such advanced practice registered nurse exercising the prescriptive authority under that agreement;
(3) Comply with this article and the applicable laws and regulations regulating the other practitioners of the healing arts in the prescribing of drugs; and
(4) Append a copy of such prescription to the medical record of the patient for whom the drug was prescribed or, in lieu thereof and if permitted by the collaborative practice agreement, enter onto the patient's chart the information contained on the prescription.
(d) An advanced practice registered nurse who is a party to a collaborative practice agreement shall have the right, but is not required, to apply for a federal Drug Enforcement Agency (DEA) registration number and, if obtained, upon receipt of such registration, shall file that number with the board.
(e) An advanced practice nurse who is a party to a collaborative practice agreement may exercise prescriptive authority. Such authority shall be exercised only pursuant to the terms and conditions of a collaborative practice agreement and within the scope of practice of the advanced practice registered nurse who is a party to such an agreement.
(f) Any physician who enters into a collaborative practice agreement conforming to the requirements of this article shall be immune from civil and criminal liability proximately resulting from the conduct of an advanced practice registered nurse who exceeds the scope of such nurse's authority under such agreement, unless such physician knew or should have known of such conduct.
(g) Nothing in this article shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 and who, in good faith, fills a prescription of an advanced practice registered nurse who prescribes under a collaborative practice agreement.
(h) The practice of a collaborating physician shall be governed by the Composite State Board of Medical Examiners which is authorized to promulgate appropriate rules and regulations regulating such a physician.
(i) The practice of any advanced practice registered nurse who enters into a collaborative practice agreement conforming to this Code section shall be governed by the board, which is authorized to promulgate rules and regulations regulating such an advanced practice registered nurse. In addition to and not in limitation of any other powers granted to the board under Code Section 43-26-5, the board shall subject the

FRIDAY, MARCH 3, 2000

1725

advanced practice registered nurse practicing pursuant to a collaborative practice agreement to appropriate disciplinary action, including, but not limited to, the sanctions expressed in Code Section 43-26-11 and the revocation of prescriptive authority, if such advanced practice registered nurse:
(1) Violates any provision of this article, the rules and regulations of the board, the rules and regulations of the State Board of Pharmacy regarding prescribing of drugs, or any combination thereof;
(2) Violates any state or federal law or regulation applicable to prescribing of drugs;
(3) Fails to follow any conditions imposed by law or regulation in the exercise of prescriptive authority; or
(4) Violates the terms and conditions of the collaborative practice agreement.
43-26-54.
(a) A certified registered nurse anesthetist shall not be required to enter into a collaborative practice agreement as provided in this article in order to practice in accordance with Code Section 43-26-11.1.
(b) Nothing in this article shall be construed to restrict the right of a registered professional nurse to practice pursuant to Code Section 43-34-26.1."
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 Byrd of the 170th et al., was read and adopted:
A BILL
To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to enact a new article providing additional authority to advanced practice registered nurses to carry out prescriptive orders; to provide for a short title; to provide for legislative intent and findings and definitions; to provide for collaborative practice agreements and their contents and conditions; to provide for prescription drug and device orders and forms, conditions, and procedures relating thereto; to provide for application for certain registration numbers; to provide for liability and immunity therefrom; to provide for duties and powers of the Composite State Board of Medical Examiners and the Georgia Board of Nursing; to provide for disciplinary actions; to provide for continuing rights of certain nurses; to prohibit certain renumeration, discrimination, and conditions of participation or reimbursement; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by adding at the end thereof a new Article 3 to read as follows:
"ARTICLE 3

43-26-50.
This article shall he known and may be cited as the 'Health Access Improvement Act.'
43-26-51.
It is the intent of the General Assembly to facilitate the availability of quality health care for the citizens of this state. Health care is important to all persons, but it is a special concern for the elder citizen. The General Assembly finds that the advanced practice registered nurse is effective in increasing access to quality and affordable health care in a variety of ways to this and other populations. The General Assembly further finds that the benefits from the services of the advanced practice registered nurse are enjoyed by all persons, but especially the elderly, rural populations, and urban underserved communities. The General Assembly further finds that granting additional authority to the advanced practice registered nurse subject to a collaborative practice agreement with a physician is appropriate in order to ensure the delivery of health care services in all areas of the state through the full utilization of the skills and training of the advanced practice registered nurse.
43-26-52.
As used in this article, the term:
(1) 'Advanced practice registered nurse' or 'A.P.R.N.' means a person licensed under Article 1 of this chapter as a registered professional nurse and who is authorized by the board to engage in advanced nursing practice. Only a person so licensed and authorized shall have the right to use the term 'advanced practice registered nurse' or use the abbreviation 'A.P.R.N.' and shall identify that he or she is so licensed by displaying either such title or abbreviation on a name tag or similar form of identification during times when such person is providing direct patient care.
(2) 'Board' means the Georgia Board of Nursing created under Code Section 43-26-4.
(3) 'Collaborating physician' means a physician licensed to practice medicine in accordance with Article 2 of Chapter 34 of this title with whom an advanced practice registered nurse has entered into a collaborative practice agreement.
(4) 'Collaborative practice agreement' means a written agreement by and between an advanced practice registered nurse and a collaborating physician wherein the collaborating physician authorizes the advanced practice registered nurse to execute a prescription drug or device order and provides for the terms and conditions for the execution of a prescription drug or device order.
(5) 'Controlled substance' means any controlled substance as defined in Article 2 of Chapter 13 of Title 16.

FRIDAY, MARCH 3, 2000

1727

(6) 'Execute a prescription drug or device order' means to transmit the collaborating physician's prescription drug or device order in writing pursuant to the authority from the collaborating physician but shall not be construed as granting an advanced practice registered nurse the authority to prescribe.
(7) 'Contact hour' means 50 minutes of participation in an educational activity. Ten contact hours equals one continuing education unit.
(8) 'Dangerous drug" means any dangerous drug as defined in Article 3 of Chapter 13 of Title 16.
43-26-53.
(a)(l) A collaborating physician may authorize an advanced practice registered nurse to execute a prescription drug order or orders for a patient of the collaborating physician for any device as defined in Code Section 26-4-5, any dangerous drug as defined in Code Section 16-13-71, or any Schedule III, IV, or V controlled substances as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (2) of this subsection. Such authority shall be exercised only pursuant to the terms and conditions of a collaborative practice agreement and within the scope of practice of the advanced practice registered nurse who is a party to such an agreement. Any change in the professional duties of the advanced practice registered nurse or the collaborating physician shall require the execution of a new collaborative practice agreement. The board, in agreement with the Composite State Board of Medical Examiners, shall publish a model collaborative practice agreement to be used by an advanced practice registered nurse and a collaborating physician entering into such an agreement. The collaborating physician shall remain responsible for the medical acts performed by the advanced practice registered nurse and shall adequately supervise the manner in which the collaborative practice agreement is carried out.
(2) The advanced practice registered nurse shall only be authorized to exercise the rights granted under this article using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing collaborating physician, the patient's name and address, the drug or device ordered, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. Such form shall be signed by the advanced practice registered nurse using the following language: This drug or device order is executed by __________, the advanced practice registered nurse, through the authority of ___________M.D. The name of the prescribing collaborating physician shall be designated in an appropriate space on the prescription drug or device order form.
(b) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such order shall be maintained in the collaborating physician's office in the following manner:
(1) A copy of the prescription drug or device order shall be appended to or otherwise maintained in the patient's medical file; and
(2) The collaborating physician shall countersign the prescription drug or device order copy or medical record entry for each prescription drug or device order within a reasonable time, not to exceed 15 working days, unless such countersignature is required sooner by a specific regulation, policy, or requirement.
(c) The collaborating physician shall evaluate or reevaluate, at least every three months, any patient receiving controlled substances or, at least every six months, any patient receiving other prescription drugs or devices.

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43-26-54.
(a) A collaborative practice agreement:
(1) Shall be in writing and signed by the parties;
(2) Can only be between an advanced practice registered nurse and a physician who has a practice in a comparable specialty area or field as that of the advanced practice registered nurse or as may be otherwise approved by the board for the advanced practice registered nurse and the Composite State Board of Medical Examiners for the collaborating physician;
(3) Shall be in effect for no more than one year but may be renewed from time to time for no more than one year for each such renewal;
(4) Shall not authorize the execution of a drug order for any Schedule I or II controlled substance;
(5) Shall authorize no more than a 30 day supply of any drug, except in cases of chronic illness in which case a 90 day supply may be authorized;
(6) Shall authorize refills for not more than six months from the date of the original order, except that such refills for not more than 12 months may be authorized for oral contraceptives; and
(7) Shall provide for the availability of, consultation by, and referral to the collaborating physician.
(b)(l) In order to enter into and prior to the execution of a collaborative practice agreement, an advanced practice registered nurse shall submit to the board an application that documents that the advanced practice registered nurse:
(A) Holds a current and unrestricted license as a registered professional nurse in this state;
(B) Has current authorization to practice as an advanced practice registered nurse;
(C) Has at least a master's degree, except such degree requirement shall not be a condition for an A.P.R.N. who is certified or otherwise meets board requirements to practice as an A.P.R.N. on July 1, 2000; and
(D) Has completed:
(i) Graduate level pharmacology course work; or
(ii) Thirty contact hours in pharmacology within four years prior to entering into a collaborative practice agreement.
(2) Upon the satisfactory review of such an application from an advanced practice registered nurse, the board shall cause:
(A) The license of the advanced practice registered nurse to be marked in a manner indicating that the advanced practice registered nurse has met the requirements to enter into a collaborative practice agreement; and

FRIDAY, MARCH 3, 2000

1729

(B) The name of the advanced practice registered nurse authorized to enter into a collaborative practice agreement to be placed on a registry created and maintained by the board for the purpose of making such names available to the public.

(c) In order to maintain the right to enter into a collaborative practice agreement pursuant to the terms and conditions of a collaborative practice agreement, an advanced practice registered nurse shall:
(1) Obtain a minimum of five contact hours of continuing education in pharmacology or pharmacology management approved by a national professional accrediting organization each year the advanced practice registered nurse is in a collaborative practice agreement;

(2) Inform the patient that the patient has the right to see the collaborating physician prior to any prescription drug or device order being executed by the advanced practice registered nurse;
(3) Prominently post in the office in which that advanced practice registered nurse practices a notice that the patient has the right to see the collaborating physician who is a party to such agreement prior to such advanced practice registered nurse exercising the authority granted by the collaborative practice agreement; and
(4) Comply with this article and the applicable laws and regulations pertaining to the authority granted under this article.
(d) An advanced practice registered nurse who is a party to a collaborative practice agreement shall have the right, but is not required, to apply for a federal Drug Enforcement Agency (DBA) registration number and, if obtained, upon receipt of such registration, shall file that number with the board.
43-26-55.
(a) Nothing contained in this article shall impose any civil or criminal liability on any physician who enters into a collaborative practice agreement conforming to the requirements of this article for the conduct of an advanced practice registered nurse which exceeds the scope of such nurse's authority under such agreement, unless such physician knew or should have known of such conduct.

(b) Nothing in this article shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 and who, in good faith, fills a prescription drug order of an advanced practice registered nurse issued pursuant to a collaborative practice agreement.

43-26-56.
(a) The practice of a collaborating physician shall be governed by the Composite State Board of Medical Examiners which is authorized to promulgate appropriate rules and regulations regulating such a physician.
(b) A collaborating physician shall not be a party to a collaborative practice agreement with more than four advanced practice registered nurses at any one time, except that such limitation shall not apply to the practice of an advanced practice registered nurse who is employed by or otherwise performs services for the Department of Human Resources, the Department of Community Health, or a local board of health.

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(c)(l) It shall be unlawful for a managed care system, hospital, insurance company, or other similar entity to discriminate against a collaborating physician or advanced practice registered nurse being a party to a collaborative practice agreement.
(2) It shall be unlawful for a managed care system, hospital, insurance company, or other similar entity to require a physician or advanced practice registered nurse to be a party to a collaborative practice agreement as a condition of participation in or reimbursement from such a managed care system, hospital, insurance company, or other similar entity.
(3) It shall be unlawful for an advanced practice registered nurse alone, or in combination with others, to employ or offer remuneration to a physician in exchange for entering into a collaborative practice agreement.
(4) It shall be unlawful for a physician to ask for or receive remuneration in exchange for entering into a collaborative practice agreement with an advanced practice registered nurse.
43-26-57.
The practice of any advanced practice registered nurse who enters into a collaborative practice agreement conforming to this article shall be governed by the board, which is authorized to promulgate rules and regulations regulating such an advanced practice registered nurse. In addition to and not in limitation of any other powers granted to the board under Code Section 43-26-5, the board shall subject the advanced practice registered nurse practicing pursuant to a collaborative practice agreement to appropriate disciplinary action, including, but not limited to, the sanctions expressed in Code Section 43-26-11 and the revocation of authority to enter into a collaborative practice agreement, if such advanced practice registered nurse:
(1) Violates any provision of this article, the rules and regulations of the board, the rules and regulations of the State Board of Pharmacy regarding prescribing of drugs, or any combination thereof;
(2) Violates any state or federal law or regulation applicable to prescribing of drugs;
(3) Fails to follow any conditions imposed by law or regulation in relation to the exercise of authority granted under this article; or
(4) Violates the terms and conditions of the collaborative practice agreement.
43-26-58.
(a) A certified registered nurse anesthetist shall not be required to enter into a collaborative practice agreement as provided in this article in order to practice in accordance with Code Section 43-26-11.1.
(b) Nothing in this article shall be construed to restrict the right of a registered professional nurse to practice pursuant to Code Section 43-34-26.1."
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.

FRIDAY, MARCH 3, 2000

1731

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
Birdsong Y Bohannon
Bordeaux Borders N 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 YCox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day YDean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin E 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 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 CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster YPoag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall YRay Y Reaves YReece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper E 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 E Teper Y Tilhnan Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J N Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Bordeaux of the 151st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representatives Jones of the 71st and Borders of the 177th 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.

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HB 1400. By Representatives Bordeaux of the 151st and Smith of the 109th:
A bill to amend Code Section 34-9-11.1 of the Official Code of Georgia Annotated, relating to an employee's or survivor's right of action against a person other than an employer, so as to provide for a waiver of an employer's subrogation lien or other right of recovery unless an employer or employer's insurer provides a timely response to information requested by an injured employee under certain circumstances.

The following Committee substitute was read:
A BILL
To amend Code Section 34-9-11.1 of the Official Code of Georgia Annotated, relating to an employee's or survivor's right of action against a person other than an employer, so as to provide for a waiver of an employer's subrogation lien or other right of recovery unless an employer or employer's insurer provides a timely response to information requested by an injured employee under certain circumstances; to provide for a notice; to provide for the contents of such notice; 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 34-9-11.1 of the Official Code of Georgia Annotated, relating to an employee's or survivor's right of action against a person other than an employer, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"34-9-11.1.
(a) When the injury or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability against some person other than the employer, the injured employee or those to whom such employee's right of action survives at law may pursue the remedy by proper action in a court of competent jurisdiction against such other persons, except as precluded by Code Section 34-9-11 or otherwise.
(b) In the event an employee has a right of action against such other person as contemplated in subsection (a) of this Code section and the employer's liability under this chapter has been fully or partially paid, then the employer or such employer's insurer shall have a subrogation lien, not to exceed the actual amount of compensation paid pursuant to this chapter, against such recovery. The employer or insurer may intervene in any action to protect and enforce such lien. However, the employer's or insurer's recovery under this Code section shall be limited to the recovery of the amount of disability benefits, death benefits, and medical expenses paid under this chapter and shall only be recoverable if the injured employee has been fully and completely compensated, taking into consideration both the benefits received under this chapter and the amount of the recovery in the third-party claim, for all economic and noneconomic losses incurred as a result of the injury.
(c) Such action against such other person by the employee must be instituted in all cases within the applicable statute of limitations. If such action is not brought by the employee within one year after the date of injury, then the employer or such employer's insurer may but is not required to assert the employee's cause of action in tort, either in its own name or in the name of the employee. The employer or its in-

FRIDAY, MARCH 3, 2000

1733

surer shall immediately notify the employee of its assertion of such cause of action, and the employee shall have a right to intervene. If after one year from the date of injury the employee asserts his or her cause of action in tort, then the employee shall immediately notify the employer or its insurer of his or her assertion of such cause of action, and the employer or its insurer shall have a right to intervene. In any case, if the employer or insurer recovers more than the extent of its lien, then the amount in excess thereof shall be paid over to the employee. For purposes of this subsection only, 'employee' shall include not only the injured employee but also those persons in whom the cause of action in tort rests or survives for injuries to such employee.

(d) In the event of a recovery from such other person by the injured employee or those to whom such employee's right of action survives by judgment, settlement, or otherwise, the attorney representing such injured employee or those to whom such employee's right of action survives shall be entitled to a reasonable fee for services; provided, however, that if the employer or insurer has engaged another attorney to represent the employer or insurer in effecting recovery against such other person, then a court of competent jurisdiction shall upon application apportion the reasonable fee between the attorney for the injured employee and the attorney for the employer or insurer in proportion to services rendered. The provisions of Code Sections 15-19-14 and 15-19-15 shall apply.
(e) The injured employee or those to whom such employee's right of action survives at law may notify the employer and the employer's servicing agent or such employer's insurer by certified mail that a settlement or other resolution of the right of action against such other person as contemplated in subsection (a) of this Code section has been reached and request a statement of the amount of the subrogation lien, including an itemization of the basis therefor, including but not limited to, the names of the payees of benefits and medical expenses, the dates of service or payment or both, and the amounts thereof. The employer and the employer's servicing agent or such employer's insurer shall respond to such request and provide the requested information within 20 days of the date on which the notice and request were received or on which receipt of the notice and request was refused by the employer, the employer's servicing agent, or such employer's insurer. Failure to so provide and respond shall waive any subrogation lien or other right of recovery.

(f) Any notice required in subsection (e) of this Code section shall include the following information:
(1) The full name of the injured employee on the date of the injury;
(2) The full name of the injured employee on the date of the notification, if different;

(3) The social security number of the injured employee;

(4) The insurance claim number assigned to the claim by the employer's insurer, if known;
(5) The claim number assigned to the claim by the employer, if known;

(6) The date of the accident;

(7) If the injured employee or those to whom such employee's right of action survives at law are represented by an attorney, the name, business address, and business telephone number of such attorney; and

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(8) A statement that if the recipient of the notice does not respond to such request and provide the requested information within 20 days of the date on which the notice and request were received or on which receipt of the notice and the request was refused by the employer, employer's servicing agent, or employer's insurer, failure to so provide and respond shall waive any subrogation lien or other right of recovery pursuant to this Code section.
(eXg) It is the express intent of the General Assembly that the provisions of subsection (c) of this Code section be applied not only prospectively but also retroactively to injuries occurring on or after July 1, 1992."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Bordeaux of the 151st (Amendment Number 1) moves to amend the Committee substitute to HB 1400 as follows:
By adding on page 3, line 9 after the word "statement" the following:
of the correct name of the employer or such employer's insurer having the subrogation lien pursuant to subsection (b) of this Code section, and

Representative Bordeaux of the 151st (Amendment Number 2) moves to amend the Committee substitute to HB 1400 as follows:
On page 3, by deleting lines 25 and 26 in their entirety, and inserting in lieu thereof the following:
(1) The name of the injured employee in which the claim was filed with the Board;

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
Birdsong
Y Bohannon Y 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
Y Connell Cooper
Y Cox
Y Crawford
Y Cummings Y Davis, M Y Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G Y Dix

Y Dixon
Y Dodson Y Dukes Y Ehrhart Y Epps
Evans E Everett Y Felton Y Floyd Y Franklin
Y Golick Y Graves Y Greene Y Grindley

Y Hammontree Y Hanner Y Harbin Y Harrell
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Houston Y Howard Y Hudgens

E Hudson, H Y Hudson, N Y Hugley Y Irvin E 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

FRIDAY, MARCH 3, 2000

Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell

Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders Y Sauder
Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp

Y Sholar Y Sims
Sinkfield Y Skipper E 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

1735
Y Stuckey Y Taylor
Teague E 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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 1425. By Representatives Cummings of the 27th, Murphy of the 18th and Richardson of the 26th: A bill to provide for an additional judge of the superior court of the Tallapoosa Judicial Circuit.
The following Committee substitute was read and adopted: A BILL
To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to provide for additional judges of the Bell-Forsyth Judicial Circuit, the Chattahoochee Judicial Circuit, the Tallapoosa Judicial Circuit, and the Towaliga Judicial Circuit; to provide for the initial appointment of the new judges and subsequent election of successors to the new judges; to provide for terms of office and powers, duties, dignity, jurisdiction, privileges, and immunities; to provide for senior judges and chief judges and their powers and duties; to provide for employment of personnel; to provide for construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI
SECTION 1.
Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, is amended in Code Section 15-6-2, relating to the number of judges, by striking in their entirety paragraphs (5.1), (8), (38), and (40.1) and inserting in their place the following:

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"(5.1) Bell-Forsyth Circuit......................................................................................... 4 2"
"(8) Chattahoochee Circuit......................................................................................... 6 6"
"(38) Tallapoosa Circuit.............................................................................................. 3 4"
"(40.1) Towaliga Circuit.............................................................................................. i 2"
PART II
SECTION 2.
One new judge of the superior court is added to the Bell-Forsyth Judicial Circuit, increasing to two the number of judges of such circuit.
SECTION 3.
The initial new judge appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in the manner provided by law for the election of judges in the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general elections every four years thereafter for terms of four years and until their successors are elected and qualified and shall take office of the first day of January following their election.
SECTION 4.
The new judge initially appointed and subsequently elected pursuant to this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. The new judge is authorized to employ court personnel on the same basis as other judges of the Bell-Forsyth Judicial Circuit.
SECTION 5.
Except as expressly stated, this Act shall not be construed to alter or repeat any provision of any local Act relating to the Bell-Forsyth Judicial Circuit. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
PART III
SECTION 6.
A new judge of the superior court is added to the Chattahoochee Judicial Circuit, thereby increasing to six the number of judges of said circuit.
SECTION 7.
The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the

FRIDAY, MARCH 3, 2000

1737

election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 8.
Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 9.
The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Chattahoochee Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
SECTION 10.
The judges of said circuit are authorized to adopt, promulgate, amend, and enforce such rules of practice and procedure as are consistent with the Constitution and laws of this state as they deem suitable and proper for the effective transaction of the business of the superior courts of said circuit.
SECTION 11.
The judges of said circuit in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, the decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar of Georgia shall be considered the senior judge.
SECTION 12.
The judge of said circuit who is senior in point of continuous service as superior court judge shall be the chief judge of said circuit. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar of Georgia shall be chief judge.
PART IV
SECTION 13.
A new judge of the superior court is added to the Tallapoosa Judicial Circuit, thereby increasing to four the number of judges of said circuit.
SECTION 14.
The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003,

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JOURNAL OF THE HOUSE

and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 15.
Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 16.
The qualifications of the additional judge authorized by this Act, and of the successors to such additional judge, shall be as provided by law for judges of the superior courts.
SECTION 17.
The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Tallapoosa Judicial Circuit. Any salary supplements paid by the counties of said circuit shall also be applicable to the additional judge provided for in this Act. The judges of said circuit are authorized to employ an additional court reporter for the circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 18.
This Act shall not be construed to repeal or supersede current provisions of law applicable to the Tallapoosa Judicial Circuit not inconsistent with this Act.
PARTY
SECTION 19.
A new judge of the superior court is added to the Towaliga Judicial Circuit, thereby increasing to two the number of judges of said circuit.
SECTION 20.
The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.

FRIDAY, MARCH 3, 2000

1739

SECTION 21.
Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 22.
The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Towaliga Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
PART VI
SECTION 23.
(a) Notwithstanding the provisions of Code Section 1-3-4.1, the provisions of this Act relating to appointment of the additional judges shall become effective upon the signature of the Governor or upon becoming law without such signature.
(b) Notwithstanding the provisions of Code Section 1-3-4.1, all other provisions of this Act shall become effective July 1, 2000.
SECTION 24.
All laws and 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 E 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
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 E Everett
Felton Y Floyd Y Franklin Y Golick Y Graves

Y Greene Y Grindley Y Hammontree
Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard
Y Hudgens E Hudson, H Y Hudson, N Y Hugley
Y Irvin E 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 E 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

E Pelote Y Pinholster Y Poag
E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert
Y Rice Y Richardson Y Roberts Y Rogers
Y Royal Y Sanders Y Sauder
Scarlett E Scheid Y Scott Y Shanahan
Shaw

1740
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper E Smith, B Y Smith, C Y Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings

Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague E 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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 543. By Representatives Shanahan of the 10th and Cummings of the 27th: A bill to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer of contributions from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System.
The following Committee substitute was read and adopted: A BILL
To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer of contributions from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System; to provide for the repayment of any employee contributions withdrawn, together with interest thereon; to provide for the calculation of creditable service on an actuarial basis for any amount so transferred; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, is amended by inserting immediately following Code Section 47-23-63 the following:
"47-23-64.
(a)(l) Any superior court judge or district attorney who was previously an active member of the Employees' Retirement System of Georgia may elect to have all contributions made by or on behalf of such member transferred from such retirement system to this retirement system. Any such member shall notify the board of trustees of each retirement system not later than December 31, 2000, or within 90 days after first becoming a member of this retirement system, whichever date is later.
(2) If the member subject to this subsection has not withdrawn his or her employee contributions from the Employees' Retirement System of Georgia, then upon receipt of the notice provided for in paragraph (1) of this subsection, the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer and employee contributions paid by or on behalf of the employee, together with regular interest thereon.

FRIDAY, MARCH 3, 2000

1741

(3) If the member subject to this subsection has withdrawn his or her employee contributions from the Employees' Retirement System of Georgia, then at the time of giving the notice provided for in paragraph (1) of this subsection, the member shall pay to the board of trustees of this retirement system the total of such contributions, together with regular interest thereon. Upon receipt of such notice and payment of such amount, the Board of Trustees of the Employees' Retirement System of Georgia shall transfer to the board of trustees of this retirement system all employer contributions paid on behalf of the employee, together with regular interest thereon.
(4) The member subject to this subsection is authorized, but not required, to pay to the board of trustees such funds in addition to the amounts provided in paragraphs (2) and (3) of this subsection as the member desires.
(b) Upon receipt of the funds provided for in paragraphs (2), (3), and (4) of subsection (a) of this Code section, the board of trustees of this retirement system shall credit the member with only the number of years of creditable service, not to exceed the actual years of prior service, as the amount so transferred or paid will warrant without creating any accrued liability as to this retirement system, calculated as if the member had either elected or rejected spouse's survivor's benefits, at the election of the member.
(c) No creditable service may be obtained pursuant to the provisions of this Code section for any period for which creditable service has been or may be obtained in any other state or local public retirement system."
SECTION 2.
This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y BaUey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon E Bordeaux
Borders Y Bridges Y Brooks Y Brown

Y Buck Buckner
Y Bulloch Y Bunn Y Burkhalter Y Byrd
Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T

Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes

Y Ehrhart Y Epps Y Evans E Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens E Hudson, H Y Hudson, N Y Hugley Y Irvin E Jackson, B

1742
Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings N Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Maddox E Mann Y Manning Y Martin, J Y Martin, J.L Y Massey McBee Y McCall Y McClinton

JOURNAL OF THE HOUSE

Y McKinney Y Millar
Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall

Y Ray Reaves
Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims

Y Sinkfield Y Skipper
E 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 E Stuckey

Y Taylor Y Teague
E Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Untennan Y 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 passage of the Bill, by substitute, the ayes were 156, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1508. By Representative Royal of the 164th: A bill to amend Chapter 5A of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Treasury and Fiscal Services, so as to provide for additional powers, duties, and authority of such office and the director thereof; to provide for investment standards; 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 relating to investment authority regarding the health insurance funds for public school teachers and public school 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 ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 330. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and others: A bill to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to authorize the Commissioner of Agriculture to establish, impose, and collect fees for certain services rendered by the Department of Agriculture pursuant to certain federal laws and regulations.
The following amendment was read and adopted:

FRIDAY, MARCH 3, 2000

1743

The Committee on Agriculture and Consumer Affairs moves to amend SB 330 by striking line 7 of page 1 and inserting in its place the following:

"pursuant to certain federal laws and regulations; to provide for exceptions and exclusions; to repeal".

By striking line 27 on page 1 and inserting in its place the following:

"Edition); provided, however, no fees shall be imposed or collected under this Code section for any services rendered for primates or wild animals. The fees so established shall be sufficient in".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon E Bordeaux
Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter YByrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Coan Y Coleman, B
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 Y Dukes
Ehrhart
Y Epps Y Evans E 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 E Hudson, H Y Hudson, N

Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce YKaye YLane 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 McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y O-Neal Y Orrock Y Parham Y Parrish Y Parsons

E Pelote Y Pinholster YPoag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall YRay 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 E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper E 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 E Stuckey Y Taylor Y Teague E Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Whitaier Y Wiles
Williams, J Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1744

JOURNAL OF THE HOUSE

HB 1291. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions.

The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of such excise tax, and inserting in their place new paragraphs (1) and (2) to read as follows:
"(a)(l)(A) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 4813-53 and in effect prior to July 1, 1998. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section.
(B)(i) The excise tax shall be imposed on any person or legal entity licensed by or required to pay a business or occupation tax to the governing authority imposing the tax for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this

FRIDAY, MARCH 3, 2000

1745

Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the hotel or motel guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted.
(ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a hotel or motel guest and who receives a room, lodging, or accommodation that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the person or entity providing the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the person or entity providing such room, lodging, or accommodation until it is paid and shall be recoverable at law by the person or entity providing such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The person or entity collecting the tax from the hotel or motel guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the person or entity providing the room, lodging, or accommodation.
(C) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge. The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business.
(D) Except as provided in paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursuant to which such tax is levied shall apply instead."

1746

JOURNAL OF THE HOUSE

SECTION 2.
Said article is further amended by adding a new paragraph immediately following paragraph (3.6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.7) to read as follows:
"(3.7)(A) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of:
(i) Promoting tourism, conventions, and trade shows;
(ii) Supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes;
(hi) Supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987;
(iv) Supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds;
(v) Supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended and if such facility was substantially completed and in operation prior to December 31, 1993; or
(vi) For some combination of such purposes.
(B) Amounts expended pursuant to subparagraph (A) of this paragraph shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended pursuant to division (iii) or (iv) of subparagraph (A) of this paragraph may be so expended in any otherwise lawful manner.
(C) In addition to the amounts required to be expended under this paragraph, a county or municipality levying a tax pursuant to this paragraph and in which an international horse park used in Olympic Games competition is in operation prior to January 1, 1999, shall further expend (in each fiscal year during which the tax is collected under this paragraph) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of constructing, developing, supporting, and operating a nature center, nature park, wetlands education center, or nature museum for educational and recreational purposes or any other

FRIDAY, MARCH 3, 2000

1747

similar purposes. Amounts which are expended to meet the 16 2/3 percent expenditure requirement of this subparagraph shall not be subject to the provisions of subparagraph (A) of this paragraph requiring expenditure through a contract or contracts with certain entities."
SECTION 3.
Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection."
SECTION 4.
Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:
"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection.

1748

JOURNAL OF THE HOUSE

(10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.6), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5), or (5.1) of this subsection."
SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard Y Baraes Y Benefield
Birdsong Y Bohannon Bordeaux
Borders
Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter
Byrd N Callaway Y Campbell
Y Cash Y Channell Y Childere Y Clark
Coan Y Coleman, B
Coleman, T Y Cornell
Y Cooper Y Cox Y Crawford Y Cummings
N Davis, M

Y Davis, T
Day Y Dean Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans
E Everett Felton
Y Floyd N 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
Y Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin
E 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 E 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
Orrock
Y Parham Y Fairish Y Parsons

E Pelote Y Pinholster
Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert
Y Rice Y Richardson Y Roberts Y Rogers Y Royal
N Sanders Y Sauder
Scarlett E Scheid
Y Scott Y Shanahan
Shaw Y Shipp Y Sholar
Y Sims Y Sinkfield Y Skipper
E 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 E Stuckey Y Taylor Y Teague E Teper
Y Tillman Y Tolbert Y Trense Y Turnquest
Y Twiggs Y Unterman Y Walker, L
Walker, R.L Y Watson
Y West Y Westmoreland Y Whitaker
Y Wiles Y Williams, J
Williams, R
Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

FRIDAY, MARCH 3, 2000

1749

Representative Byrd of the 170th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1310. By Representatives Jenkins of the 110th, Buck of the 135th and Royal of the 164th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to change certain provisions regarding contents of reports and distributions by collecting officers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon E 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
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 E Everett
Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell
Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens E Hudson, H Y Hudson, N

Y Hugley Y Irvin E Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce YKaye YLane Y Lewis Y Lord Y Lucas Y Maddox E Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
McBee Y McCall
McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTCeal
Orrock Y Parham Y Fairish Y Parsons

E Pelote Pinholster
Y Poag E Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
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
Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper E Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Smith, P Smith, T
Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes E Stuckey Y laylor Y Teague E Teper Y Tillman Y Tolbert Y Trense Y Turnquest YTwiggs Y Untennan Y Walker, L
Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

1750

JOURNAL OP THE HOUSE

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1187 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 1056. By Representative Coleman of the 80th: A resolution inviting the coaches and players of the Duluth High School Lady Wildcats softball team and the principal of Duluth High School to appear before the House of Representatives.
HR 1187. By Representatives Evans of the 28th and Reese of the 85th: A resolution inviting the South Forsyth High School Cheerleaders and their coaches to appear before the House of Representatives.

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 712 Do Pass, by Substitute HB 1275 Do Pass, by Substitute HB 1428 Do Pass

HB 1574 Do Pass, by Substitute HB 1601 Do Pass, by Substitute SB 339 Do Pass, by Substitute

Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retirement, submitted the following report:

FRIDAY, MARCH 3, 2000

1751

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 767 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 97 Do Pass, by Substitute HB 584 Do Pass, by Substitute

HB 1481 Do Pass, by Substitute HB 1482 Do Pass, by Substitute

Respectfully submitted, 1st Jenkins of the 110th
Chairman

Pursuant to HR 1169, adopted by the House and Senate, the House adjourned until 10:00 o'clock A.M., Monday, March 6, 2000.

1752

JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Monday, March 6, 2000

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 Barnard Barnes Bohannon Borders Bridges Brooks jjrown P*
BumT ^ D, p |, ChannSl d^ Coan
Coleman B Cox '
Crawford Cummings Day Dean DeLoach, B

DeLoach, G Dixon Dodson Evans Everett Floyd Franklin Golick Graves
Greene Hammontree Harbin Heard Heckstall Hembree
^ Henson Houston
Howard Hudgens E Hudson, H Hugley Jackson, B

Jackson, L James Jennings Joyce Kaye Lane Lewis Lord E Mann
Manning Martin, J Martin, J.L McBee McCall McKinney
Mills Mobley
Mosley OWeal Parsons E Pelote Pinholster

Poag Ponder Powell Purcell Ray Reaves Reece Reichert Richardson
Rogers Royal Sanders Sauder Scheid Scott
Shanahan Shaw
Sholar Sinkfield Smith, C.W E Smith, L.R Smith, P

Smith, T Smith, V Snelling Snow Stallings Stephens Stokes Stuckey Taylor
Tillman Trense Turnquest Twiggs 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 Bordeaux of the 151st, Anderson of the 116th, Hanner of the 159th, Davis of the 132nd, Cooper of the 31st, Scarlett of the 174th, Smith of the 109th, Lucas of the 124th, Smyre of the 136th, Reed of the 52nd, Reese of the 85th, Bulloch of the 180th, Parrish of the 144th, Tolbert of the 25th, Randall of the 127th, Stancil of the 16th, Orrock of the 56th, Cash of the 108th, Millar of the 59th, Westmoreland of the 104th, Stanley of the 49th, Bailey of the 93rd, Jenkins of the 110th, Rice of the 79th, Mueller of the 152nd, Maddox of the 72nd, Teper of the 61st, Parham of the 122nd, Teague of the 58th, Childers of the 13th, Benefield of the 96th, Burkhalter of the 41st, McClinton of the 68th, Davis of the 60th, Bannister of the 77th, Shipp of the 38th, Jones of the 71st, Smith of the 91st, Roberts of the 162nd, Williams of the 83rd, Porter of the 143rd, Jamieson of the 22nd, Stanley-Turner of the 50th, Watson of the 70th, Irvin of the 45th and Alien of the 117th.
They wish to be recorded as present.
Due to the birth of his child, Representative Morris of the 155th was excused from the proceedings of the house on this legislative day.

MONDAY, MARCH 6, 2000

1753

Prayer was offered by Dr. Phil DeMore, Pastor, Gainesville First United Methodist Church, Gainesville, Georgia.

The members pledged allegiance to the flag.

Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.

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 1655. By Representatives Bulloch of the 180th and Sholar of the 179th: A bill to provide for a homestead exemption from certain Thomas County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1656. By Representatives Bulloch of the 180th and Sholar of the 179th: A bill to provide for a homestead exemption from certain Thomas County 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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1657. By Representatives Bulloch of the 180th and Sholar of the 179th: A bill to provide for a homestead exemption from certain City of Thomasville independent school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed

1754

JOURNAL OF THE HOUSE

value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1658. By Representative Smith of the 91st: A bill to create the Morgan County Family Connection Board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1659. By Representatives Bulloch of the 180th and Sholar of the 179th:
A bill to provide for a homestead exemption from certain City of Thomasville 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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1660. By Representative Royal of the 164th: A bill to provide a new charter for the City of Doerun.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1661. By Representative Joyce of the 1st:
A bill to provide for a homestead exemption from certain Dade County 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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1662. By Representative Joyce of the 1st:
A bill to provide for a homestead exemption from certain Dade County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1664. By Representatives Golick of the 30th, Lord of the 121st, Harbin of the 113th, Shipp of the 38th, Williams of the 114th and others:
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 authorization of procurement of surplus line insurance and conditions; to change certain provisions relating to requiring broker to ascertain financial condition of unauthorized insurer prior to placement of insurance therewith and placement of insurance with foreign or alien insurers.
Referred to the Committee on Insurance.

MONDAY, MARCH 6, 2000

1755

HB 1666. By Representative Smith of the 169th:
A bill to provide for a homestead exemption from certain Pierce County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1667. By Representative Martin of the 47th:
A bill to amend Code Section 48-4-77 of the Official Code of Georgia Annotated, relating to definitions relative to ad valorem tax foreclosures, so as to revise a definition; to provide that the redemption amount when real property is sold at action for delinquent taxes includes the amount of delinquent ad valorem taxes outstanding on the date of redemption or sale.
Referred to the Committee on Ways & Means.

HB 1668. By Representatives Howard of the 118th, Harbin of the 113th, Alien of the 117th, Hugley of the 133rd and Anderson of the 116th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions governing workers' compensation, so as to provide for restrictions on exemption of corporate officers for construction companies; to require that construction companies submit proof of workers' compensation insurance, self-insurance, or a valid exemption to get a building permit.
Referred to the Committee on Industrial Relations.

HB 1669. By Representative Wiles of the 34th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to coverage of claims against uninsured motorists, so as to change certain provisions relating to the definition of uninsured motor vehicle.
Referred to the Committee on Insurance.

HB 1670. By Representative Smith of the 169th:
A bill to provide for a homestead exemption from certain Pierce County 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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1671. By Representative Murphy of the 18th:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and the midyear adjustment reserve, so as to change provisions relating to the amount of the revenue shortfall reserve.
Referred to the Committee on Appropriations.

1756

JOURNAL OF THE HOUSE

HB 1672. By Representatives Stokes of the 92nd and Smith of the 91st:
A bill to amend an Act creating the Newton County Water and Sewerage Authority, so as to provide that property purchased by or for the use of the authority shall be exempt from sales and use taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1673. By Representatives Stokes of the 92nd and Smith of the 91st:
A bill to amend an Act providing additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, so as to provide for additional powers, rights, and privileges for said authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1674. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1675. By Representatives Mueller of the 152nd, Day of the 153rd and Stephens of the 150th:
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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1676. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1677. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 6, 2000

1757

HB 1678. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1679. By Representatives Day of the 153rd, Mueller of the 152nd and 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 by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1680. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
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 by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1681. By Representatives Day of the 153rd, Mueller of the 152nd and Stephens of the 150th:
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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1682. By Representatives Day of the 153rd, 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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1683. By Representative Reese of the 85th: A bill to amend an Act creating a new charter for the City of Suwanee, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

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HR 1206. By Representatives Byrd of the 170th and Morris of the 155th: A resolution redesignating the Georgia State Prison at Reidsville, Georgia, as the Dan Harrison State Prison.
Referred to the Committee on State Institutions & Property.

HR 1208. By Representatives Murphy of the 18th, Cummings of the 27th, Connell of the 115th, Buck of the 135th, Walker of the 141st and others: A resolution creating the Committee for the Celebration of 250 Years of Representative Government in Georgia.
Referred to the Committee on Eules.

HR 1209. By Representatives Dodson of the 94th, Smyre of the 136th, Rogers of the 20th, Westmoreland of the 104th, Barnes of the 97th and others: A resolution creating the House Study Committee on Ad Valorem Tax and Titling of Boats and Motors.
Referred to the Committee on Rules.

HR 1210. By Representatives Poag of the 6th, Cox of the 105th and Coleman of the 80th:
A resolution recognizing the rights of religious expression of public school students under the First Amendment to the United States Constitution and urging the State Board of Education and the Department of Education to assist in developing a better understanding of those rights among local school officials and teachers.
Referred to the Committee on Education.

HR 1211. By Representatives Smyre of the 136th, Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Taylor of the 134th and others: A resolution designating a portion of State Route 22 Spur in Columbus as the Primus King Highway.
Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Resolutions of the House could be introduced, read the first time and referred to the committees:
HR 1230. By Representatives Stallings of the 100th, West of the 101st, Poag of the 6th and Smith of the 103rd: A resolution designating the "Captain Robbie Bishop Memorial Interchange".
Referred to the Committee on Transportation.
HR 1231. By Representative Ray of the 128th: A resolution designating the James E. Williams Bridge.

MONDAY, MARCH 6, 2000

1759

Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1645 HB 1646 HB 1647 HB 1648 HB 1649 HB 1650 HB 1651 HB 1652 HB 1653 HB 1654 HB 1663 HB 1665
HR 1188

HR 1201 HR 1202 HR 1207 SB 438 SB 468 SB 474 SB 504 SB 505
SB 507 SB 508 SR 459 SR 519

Representative Jamieson of the 22nd District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1584 Do Pass, by Substitute HB 1591 Do Pass
Respectfully submitted, /s/ Jamieson of the 22nd
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1252 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman

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JOURNAL OF THE HOUSE

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 517 Do Pass, by Substitute
Respectfully submitted, lal 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 Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1630 Do Pass HB 1654 Do Pass
Respectfully submitted, lal 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 1631 Do Pass HB 1632 Do Pass HB 1633 Do Pass HB 1636 Do Pass

HB 1638 Do Pass HB 1639 Do Pass HB 1641 Do Pass

Respectfully submitted, lal Royal of the 164th
Chairman

MONDAY, MARCH 6, 2000

1761

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 1149 Do Pass HR 1150 Do Pass HR 1151 Do Pass HR 1152 Do Pass

HR 1188 Do Pass SR 515 Do Pass SR 541 Do Pass SR 542 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1085 Do Pass, by Substitute HB 1617 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, MARCH 6, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 31st Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS
HR 1091 Charles Frederick Warnell, Sr., Highway; designate HR 1119 "Horace V. Wells Highway"; designate HR 1120 Corporal Howell Cobb Dees, USMC, Bridge; designate HR 1121 S. G. Maddox Highway; designate

1762

JOURNAL OF THE HOUSE

DEBATE CALENDAR
HB 591 Local Government Code Enforcement Boards Act; enact HB 815 Claims against state; amend provisions HB 1236 Sales tax; exempt certain fuels; poultry production HB 1245 Leaf tobacco; weight and weight tickets; tolerance HB 1268 Development authorities; training of members HB 1308 Equity in Sports Act; enact HB 1352 Volunteers in Health Care Specialties Act; enact HB 1373 Municipalities; water use restrictions; uniformity during drought HB 1412 Correctional institutions; release of inmate; certain notification HB 1422 Child Advocate Act; enact; child abuse records HB 1464 Soil and water conservation districts; certain liability HB 1534 Law enforcement officers; uniforms; blue lights on pursuit vehicles HB 1540 Interest on late payments; alimony and divorce awards HB 1553 Public roads; transportation funds; allocation HB 1609 Cemetery and Funeral Services Act of 2000; new chapter
HR 976 Sanford, Robert; compensate
SB 307 Shoplifting - felony provisions (Hecht of the 34th)
SB 331 Agric. Product Dealer - relating to cert, food establishment exempt. (Ragan of the llth)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, lei 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 1631. By Representative Smith of the 109th: A bill to amend an Act providing for the Board of Education of Butts County, so as to change the compensation of the members and chairperson of that board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1632. By Representative Skipper of the 137th: A bill to create the Americus-Sumter County Airport Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, MARCH 6, 2000

1763

HB 1633. By Representative Skipper of the 137th:
A bill to create the Americus-Sumter County Park and Recreation Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1636. By Representatives Manning of the 32nd, Sauder of the 29th, Shipp of the 38th, Golick of the 30th, Parsons of the 40th and others: A bill to create the Marietta Revitalization Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1638. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth:
A bill to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, so as to revise the exemption; to increase the maximum annual income for eligible residents.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1639. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1641. By Representatives Childers of the 13th, Smith of the 12th and Reece of the llth:
A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to revise and change a certain homestead exemption for persons who are 75 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

1764

JOURNAL OF THE HOUSE

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe Y Bailey Y Bannister Barnard Y Bames 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 Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Coleman, T Y Connell Cooper Y Cox Crawford Y Cununings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix 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 Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Lane Y Lewis
Lord Y Lucas
Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley 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 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
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 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 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 Bills, the ayes were 142, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 376. By Senators Butler of the 55th, James of the 35th, Brown of the 26th and others: A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race as a factor in their decision to stop a motorist.

MONDAY, MARCH 6, 2000

1765

SB 439. By Senators Meyer von Bremen of 12th, Lee of the 29th and Ragan of the llth:
A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning administrative procedure, so as to provide for additional definitions; to change certain time limits for the giving of notice concerning the adoption, amendment, or repeal of rules; to change certain provisions relating to providing copies of proposed rules to the legislative counsel; to change the requirements relating to the Secretary of State and the keeping of files and records; to change the provisions relating to the effective date of rules; to provide for the publication of rules, compilations, and bulletins in print and electronically.

SB 444. By Senator Polak of the 42nd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to define certain terms; to provide that prior to opening a customer account, a day trading firm must provide a certain disclosure statement and determine whether day trading is appropriate for the customer; to provide a disclosure statement; to provide for an alternate statement; to provide that certain exemptions from registration with the commissioner of securities shall not apply to day trading firms; to provide certain unlawful practices.

SB 445. By Senator Lee of the 29th:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" personnel who are authorized to exercise the power of arrest and who are employed or appointed as jail officers in county jails; to provide an effective date.

SB 486. By Senators Kemp of the 3rd and Meyer von Bremen of 12th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to prohibit the issuance of mutual protective orders in cases of family violence unless each party has complied with the provisions of Code Section 19-13-4; to provide for related matters.

The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 556. By Senators Walker of the 22nd, Hill of the 4th, Kemp of the 3rd and Stokes of the 43rd:
A resolution creating the Joint Hospital Indigent Care Funding Study Committee.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

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JOURNAL OF THE HOUSE

SB 376. By Senators Butler of the 55th, James of the 35th, Brown of the 26th and others:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race as a factor in their decision to stop a motorist.
Referred to the Committee on Motor Vehicles.

SB 439. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Ragan of the llth:
A bill to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning administrative procedure, so as to provide for additional definitions; to change certain time limits for the giving of notice concerning the adoption, amendment, or repeal of rules; to change certain provisions relating to providing copies of proposed rules to the legislative counsel; to change the requirements relating to the Secretary of State and the keeping of files and records; to change the provisions relating to the effective date of rules; to provide for the publication of rules, compilations, and bulletins in print and electronically.
Referred to the Committee on Judiciary.

SB 444. By Senator Polak of the 42nd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to define certain terms; to provide that prior to opening a customer account, a day trading firm must provide a certain disclosure statement and determine whether day trading is appropriate for the customer; to provide a disclosure statement; to provide for an alternate statement; to provide that certain exemptions from registration with the commissioner of securities shall not apply to day trading firms; to provide certain unlawful practices.
Referred to the Committee on Banks & Banking.

SB 445. By Senator Lee of the 29th:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" personnel who are authorized to exercise the power of arrest and who are employed or appointed as jail officers in county jails; to provide an effective date.
Referred to the Committee on Public Safety.

SB 486. By Senators Kemp of the 3rd and Meyer von Bremen of the 12th:
A bill to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to prohibit the issuance of mutual protective orders in cases of family violence unless each party has complied with the provisions of Code Section 19-13-4; to provide for related matters.
Referred to the Committee on Judiciary.

MONDAY, MARCH 6, 2000

1767

SR 556. By Senators Walker of the 22nd, Hill of the 4th, Kemp of the 3rd and others: A resolution creating the Joint Hospital Indigent Care Funding Study Committee.
Referred to the Committee on Rules.
Representative Channell of the lllth 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.
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:
HR 1091. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution designating the Charles Frederick Warnell, Sr., Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1119. By Representative Lane of the 146th: A resolution commemorating the life of Mr. Horace V. Wells and designating the "Horace V. Wells Highway".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1120. By Representatives Sims of the 167th, Walker of the 141st, Coleman of the 142nd, Channell of the lllth, Skipper of the 137th and others: A resolution designating the Corporal Howell Cobb Dees, USMC, Bridge.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 1121. By Representative Ponder of the 160th: A resolution designating the S. G. Maddox Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1768

JOURNAL OF THE HOUSE

By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.
On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

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 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 Y Cooper Y Cox Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson
Dukes Ehrhart Y Epps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Hammontree Y Hanner Harbin Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland Holmes Y Houston 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 Y Jones Y Joyce Y Kaye
Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster YPoag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece
Reed Y Reese
Reichert Y Rice Y Richardson
Roberts Rogers Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens
Stokes Y Stuckey Y Taylor Y Teague
Teper Y Tillman Y Tolbert
Trense Turnquest Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Whitaker Y Wiles Y Williams, J Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolutions, the ayes were 140, nays 0.
The Resolutions, having received the requisite constitutional majority, were adopted.
HB 815. By Representatives Greene of the 158th, Smith of the 12th, Jenkins of the 110th and Whitaker of the 7th: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the date after which compensation resolutions may not be introduced; to change the date after which the Claims Advisory Board shall make no further recommendations on claims to the General Assembly.
The following Committee substitute was read and adopted:

MONDAY, MARCH 6, 2000

1769

A BILL
To amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the date after which compensation resolutions may not be introduced; to change the date after which the Claims Advisory Board shall make no further recommendations on claims to the General Assembly; to change the amount of small claims which are payable by the board; to provide for transition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, is amended by striking subsection (a) of Code Section 28-5-80, relating to introduction of compensation resolutions and general requirements as to filing a claim, and inserting in lieu thereof a new subsection to read as follows:
"(a) Any resolution relative to a claim against the state or any of its departments or agencies must be introduced in the House of Representatives. No such resolution may be introduced unless a notice of claim has been filed with the board on or before the fifteenth day of November immediately preceding the introduction of the resolution, if the event giving rise to a claim against the state occurred on or before the fifth day of November. If said event occurred subsequent to the fifth day of November, immediately preceding the introduction of the resolution a notice of claim shall be filed as provided for in this Code section within ten days after the occurrence of the event giving rise to the claim. No such resolution shall be introduced after the twenty-fifth tenth day of any regular session."
SECTION 2.
Said part is further amended by striking Code Section 28-5-84, relating to restrictions on passage of resolutions and the powers of the Claims Advisory Board, and inserting in lieu thereof a new Code section to read as follows:
"28-5-84.

No resolution provided for in this part shall be passed without being presented to the board. The board is prohibited from considering any resolution unless notice of claim is filed within the time provided for in Code Section 28-5-80, unless the resolution is introduced within the time limitations specified in Code Section 28-5-80, and unless the information required by the board is filed within the time limitations specified in Code Section 28-5-80. The board shall make no recommendations after the thirtieth fifteenth day of any regular session."
SECTION 3.
Said part is further amended by striking Code Section 28-5-85, relating to payment of small claims by the Claims Advisory Board, and inserting in lieu thereof a new Code section to read as follows:

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"28-5-85.

(a) When Effective November 1, 1082, when the total amount of a claim against the state is $600.00 $5,000.00 or less, the Claims Advisory Board shall be authorized to direct the state department or agency affected by the claim to pay the claimant such amount, not exceeding $600.00 $5,000.00, as may be authorized by the Claims Advisory Board pursuant to the authority of this Code section.

(b) If a citizen has a claim against the state subject to the provisions of this Code section, such person may file such claim with the Claims Advisory Board. The Claims Advisory Board shall promulgate rules or regulations governing the submission of claims pursuant to this Code section. Such rules or regulations shall be adopted under the provisions of Chapter 13 of Title 50, known as the 'Georgia Administrative Procedure Act.'
(c) When a claim subject to this Code section is filed with the Claims Advisory Board, said board shall notify the department or agency of the state government affected by such claim of the basis for such claim, and such notice shall include any information submitted by the claimant in support of such claim. Within 30 45 days after receiving such notification, it shall be the duty of such state department or agency to submit a report to the Claims Advisory Board setting forth the findings of such state department or agency relative to such claim. Said report may make a recommendation to the Claims Advisory Board relative to the payment of such claim, but such recommendation shall not be binding upon the Claims Advisory Board.
(d) After reviewing and considering all information submitted by a claimant in support of the claim against the state and the report of the state department or agency affected by such claim, the Claims Advisory Board shall make a determination either to pay or reject such claim against the state. The Claims Advisory Board shall not be bound by the total amount claimed against the state and may authorize the payment of a lesser amount. If the Claims Advisory Board determines that the claim against the state is justified and that the amount of such claim, or a portion thereof, should be paid, it shall issue its order to the chief executive or administrative officer of the state department or agency affected by such claim ordering such officer, within 30 days after receipt of such order, to pay the claimant the amount specified by the Claims Advisory Board in its order. A copy of such order shall be mailed to the claimant. If the Claims Advisory Board determines that the claim against the state should be rejected, it shall notify the claimant of such rejection, and such notice shall explain the reasons for such rejection. A copy of such notice to the claimant shall be sent to the state department or agency affected by the claim. The decision of the Claims Advisory Board shall be final.
(e) The Claims Advisory Board shall not authorize or direct the payment of any part of any claim under this Code section which is paid or payable by insurance.
(f) Any payment made to a claimant pursuant to the authority of this Code section shall be in full and complete settlement of any claim against the state arising from the same occurrence, and each claimant, as a condition precedent to receiving payment pursuant to this Code section, shall acknowledge and agree to the requirements of this subsection pursuant to regulations adopted by the Claims Advisory Board for such purpose.
(g)(l) The provisions of this Code section shall apply to any claim against the state in the amount of $600.00 $5,000.00 or less if the date of the occurrence giving rise to such claim was prior to November 1, 1082 after July 1, 2000. After November 1, 1082 July 1, 2000, the General Assembly shall not consider any compensation resolution for a claim against the state if the amount of the claim is $600.00 $5,000.00

MONDAY, MARCH 6, 2000

1771

or less, and the provisions of this Code section shall be the exclusive method for making such claims against the state, except as provided in paragraph (2) of this subsection.
(2) If the claim against the state is timely filed with the Claims Advisory Board after July 1, 2000, for an occurrence which took place before July 1, 2000, and the amount of the claim is less than $5,000.00 but more than $500.00, the claimant shall have the option of seeking a compensation resolution from the General Assembly. All claims pending on the effective date of this Code section, or thereafter if such claim is based on an occurrence which took place before July 1, 2000, for $500.00 or less shall be settled exclusively through the Claims Advisory Board.
(h) The General Assembly waives the immunity of the state for the purpose of authorizing the payment of claims against the state pursuant to the authority of this Code section."
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 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 YByrd 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 Y Cummings 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 Y Everett Y Pelton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson Y Roberts
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
Smith, T Y Smith, V
Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes
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 Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Spkr

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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.
HB 1236. By Representatives Hudgens of the 24th, Royal of the 164th, Tolbert of the 25th, McCall of the 90th, Massey of the 86th 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 or use of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised.

The report of the Committee, which was favorable to the 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 YByrd 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 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 Ployd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Y McBee Y McCall
McClinton Y McRinney Y Millar Y Mills Y Mobley
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
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
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
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 Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Wbitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 6, 2000

1773

HB 1609. By Representatives Murphy of the 18th, Mosley of the 171st, Dixon of the 168th, Coleman of the 142nd, Hudson of the 156th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983".

The following Committee substitute was read and adopted:
A BILL
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to provide for exemptions and exceptions; to change provisions relating to trust funds for perpetual care; to change provisions relating to investment of assets of such funds and income from such funds; to provide for joint and several liability for deficiencies in such trust funds in certain circumstances; to change provisions relating to escrow accounts for burial and funeral merchandise and preneed sales; to provide for deposits into such accounts upon shortfall; to provide for joint and several liability for deficiencies in such escrow accounts in certain circumstances; to regulate preneed sales agents; to provide for registration of preneed sales agents; to provide for qualifications and affiliations of preneed sales agents; to provide for a registration application and its contents, form, and filing fee; to provide for renewal of registration; to change provisions relating to prohibiting a person from employment with a cemetery or preneed dealer; to delete a fee for intent to transfer of ownership of a cemetery; to change provisions relating to the minimum size for a cemetery; to change provisions relating to denying, suspending, or revoking a registration of a cemetery owner; to change provisions relating to penalties for late filing of an application for renewal registration; to change provisions relating to reports concerning perpetual care trust funds and preneed escrow accounts; to change provisions relating to rules and regulations of the Secretary of State; to change provisions relating to audit expenses; to provide for copies of rules and regulations of cemeteries; to change provisions prohibiting certain actions by persons selling preneed merchandise, burial rights, and burial or funeral merchandise; to prohibit certain actions of cemetery owners relating to the sale or installation of a monument; to prohibit certain fees; to require compliance with "The Georgia Retail Installment and Home Solicitation Sales Act" for certain installment sales; to provide for transfer of contract rights for purchasers of preneed merchandise; to require registrants who sell burial rights, merchandise, or services to provide certain information and disclosures to customers and provide an approved written contract with specified provisions; to change provisions relating to certain penalties; to provide for the recovery of interest and attorney's fees in certain actions; to regulate preconstruction or predevelopment sale of burial rights; to provide for refunds in certain circumstances; to provide for preconstruction trust funds; to provide for completion of mausoleum sections or columbaria by the trustee in certain circumstances; to provide for an annual statement of trust funds' activity; to provide for minimum standards for interment; to amend Code Section 33-8-1 of the Official Code of Georgia, relating to fees and taxes paid to the Commissioner of Insurance, so as to delete a fee paid for certificate of authority to operate as a preneed funeral service company; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to repeal provisions relating to contracts for preneed funeral services; to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as

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to move provisions relating to cemeteries to Title 10; to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to change a cross-reference in compliance with other changes in this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by inserting a new chapter to be designated Chapter 14 to read as follows:
"CHAPTER 14
44-3-J30 10-14-1.
This article shall be known as and may be cited as the 'Georgia Cemetery and Funeral Services Act of 4983 2000.'
10-14-2.

(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to maintain cemetery grounds properly may cause significant emotional distress. Therefore, it is necessary in the interest of the public welfare to regulate preneed dealers, licensees, registrants, and cemetery companies in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant or discernible harm or damage and not in a manner which will unreasonably affect the competitive market.
(b) Subject to certain interests of society, the legislature finds that every competent adult has the right to control the decisions relating to his or her own funeral arrangements. Accordingly, unless otherwise stated in this chapter, it is the legislature's express intent that nothing contained in this chapter should be construed or interpreted in any manner as to subject preneed contract purchasers to federal income taxation under the grantor trust rules c ontained in Sections 671 et seq. of the Internal Revenue Code of 1986, as amendecL

_____ng here_________________ _______ __ _____________ ance as a funding vehicle for preneed contracts under this chapter, nor to change the state of the law prior to July 1, 2000, with respect to prohibiting or restricting the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter.
44-3-433: 10-14-3.
As used in this article chapter, the term:
(1) 'Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. Solely for purposes of this definition, the terms 'owns,' 'is owned,' and 'ownership' mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more, and the term 'person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons.

MONDAY, MARCH 6, 2000

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(2) 'Board' means the State Board of Funeral Service as described and authorized in Chapter 18 of Title 43.
(1X3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any mcr ehandiac normally offered or aold by a cemetery company or prcnocd dealer personal property offered or sold by any person for use in connection with the final disposition, metnorialization, interment, entombment, or inurnment of human remains. Thia includes, but is not limited to, subterranean erypta, mausoleums, markers and monuments, whether bronze or otherwise, bronze plaques and vases, mausoleum spaces to be conatructcd, cemetery apaecs to be developed, and vaults, and alao hi eludca foundationa or footings of any type.
(8X4) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains.
(8X5) 'Burial service' or 'service' means any service other than a funeral service offered or provided by a cemetery company or prcnccd dealer by any person in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains as described in paragraph (1) of this Code section remains.
(6) 'Care and maintenance' means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well cared for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the Secretary of State, care and maintenance may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. Care and maintenance may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. Care and maintenance may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. Care and maintenance does not include expenses for the construction and development of new grave spaces or interment structures to be sold to the public.
(7) 'Casket' means a container which is designed for the encasement and viewing of a dead human body.
(4X8) 'Cemetery' or 'cemeteries' means any land or structure in this state a place dedicated to and used, or intended to be used, for permanent interment of human remains. It may bo cither a burial park for A cemetery may contain land or earth interments^; sf-et mausoleum, for a vault of crypt interments^; a columbarium or other structure or place used or intended to be used for the inurnment of cremated human remains; er-a or any combination of one or more of such structures or places thereof. Such terms term shall not include governmentally owned cemeteries, fraternal cemeteries, church and synagogue cemeteries, cemeteries owned and operated by churches or synagogues or family burial plots.
(6X9) 'Cemetery company' means an individual, partnership, corporation, or aasocia tion now or hereafter organized, owning or controlling any entity that owns or controls cemetery lands or property and conducting the business of a cemetery or male ing an application with the Secretary of State to own or control auch lands or conduct such business.

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(10) 'Columbarium' means a structure or building which is substantially exposed above the ground and which is intended to be used for the inurnment of cremated human remains.
(11) 'Common business enterprise' means a group of two or more business entities that share common ownership in excess of 50 percent.
(12) 'Cremation' includes any mechanical or thermal process whereby a deceased human being is reduced to ashes. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.
(6X13) 'Crypt' means a chamber of sufficient size to inter the remains of a deceased person human being.
(14) 'Entombment' mean the disposition of a dead human body in a mausoleum.
(15) 'Final disposition' means the final disposal of a deceased human being whether by interment, entombment, inurnment, burial at sea, cremation, or any other means and includes, but is not limited to, any other disposition of remains for which a segregated charge is imposed.
(16) 'Funeral director' means any person licensed in this state to practice funeral directing pursuant to the provisions of Chapter 18 of Title 43.
(17) 'Funeral service' means any service relating to the transportation, embalming, and interment of a deceased human being, as further described in paragraphs (10), (18), and (19) of Code Section 43-18-1.
(18) 'Grave space' or 'lot' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains.
ffl(19) 'Human remains' means the bodies of deceased human beings and includes the bodies in any stage of decomposition and the cremated remains.
(8X20) 'Interment' or 'entombment' means any lawful disposition of the remains of the deceased human being as provided by law the burial of human remains.
(9) 'Lot' or 'grave apace' means a apace of ground in a cemetery intended to be uacd for the interment in the ground of human remains.
(21) 'Inurnment' means the disposition of the cremated remains of a deceased human being in an urn or other container.
(16X22) 'Mausoleum' means a structure or building which is substantially exposed above the ground and which is used, or intended to be used, for the interment entombment of human remains in crypts or niches.
(23) 'Mausoleum section' means any construction unit of a mausoleum which is acceptable to the Secretary of State and which a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures.
(24) 'Monument' means any product used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted.

MONDAY, MARCH 6, 2000

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fH}(25) 'Niche' means a space used, or intended to be used, for the interment of the cremated remains of one or more deceased human beings.

(i3)(26) 'Nonperpetual care' means any cemetery which does not offer perpetual care as defined in this Code section.

(27) 'Outer burial container' or Vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, sectional concrete enclosures, crypts, and wooden enclosures.

(43)(28) 'Perpetual care' means the care and maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a properly maintained cemetery at the present time and in the future. In the event that a com
ctcry offers perpetual care for some designated acetiona of ita property but doca not offer perpetual care to other designated acctions, the cemetery shall be considered a perpetual care cemetery for the purposes of this article.

(44X29) 'Person' or 'entity' means an individual, a corporation, a limited liability company, a general or limited partnership, an association, a joint-stock company, a trust, or any type of incorporated or unincorporated organization.

(30) 'Preneed contract' means any arrangement or method, of which the provider of burial or funeral merchandise or services has actual knowledge, whereby any person agrees to furnish burial or funeral merchandise or services in the future.

(1&){31) 'Preneed dealer' means every person, other than a salesperson registered under this article chapter, who engages, either for all or part of his or her time, di-
rectly or indirectly, as agent, broker, or principal in the retail business of offering, selling, or otherwise dealing in funeral services or burial services or funeral or burial merchandise, as defined in thia article, which is not attached to realty or delivered to the purchaser at the time of sale but doca not include any establishment of foring and selling burial merchandise aubjcet to the jurisdiction of the Commissioner of Insurance pursuant to Chapter 18 of Title 43.

}(32) 'Preneed interment service' or 'preneed service' means any service which is not performed at the time of sale and which is offered or provided by a cemetery or prcnocd dealer any person in connection with the interment of human remains, except those services offered regarding mausoleums and the normal and customary installation charges on burial or funeral merchandise.

f3r?)(33) 'Sale' or 'sell' means and shall include every contract of sale or disposition of cemetery property, burial right rights, burial lot grave spaces, burial services, funeral services, or burial or funeral merchandise for value. The term 'offer to sell,' 'offer for sale,' or 'offer' shall include any attempt or offer to dispose of, or solicitation of an offer to buy, cemetery property, burial lots grave spaces, burial rights, burial or funeral services, or burial or funeral merchandise for value. This definition shall not include wholesalers of burial or funeral merchandise.

) 'Salesperson' or 'sales agent' means an individual employed or appointed or authorized by a cemetery, cemetery company, or preneed dealer to sell cemetery property, burial lots grave spaces, burial rights, burial or funeral merchandise, burial or funeral services, or any other right or thing of value in connection with the ietci'incnt final disposition of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be

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salespersons within the meaning of this definition unless they are paid a commission for the sale of said property, lots, rights, burial or funeral merchandise, or burial or funeral services.
(49)(35) 'Secretary of State' means the Secretary of State of the State of Georgia.
(36) 'Solicitation' means any communication in the context of an offer or sale of grave spaces, burial or funeral merchandise, or burial or funeral services which directly or implicitly requests a response from the recipient.
(30) 'Subterranean erypta' mcana interment apace in prcplaccd chambers, cither aide by aide or multiple depth, covered by earth and aod. Thcac arc also known aa wcatminatcro or turf top erypta.
(31) 'Wholcanlo coat' means the coat to the cemetery or prcnccd dealer of burial merchandise aa of the date of the moat recent prcnccd escrow account quarterly report filed pursuant to aubacction (c) of Code Section 44 3 134.

(a)(l) ft Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, burial aorviccB, or burial mcrchan disc to any purchaser in thi3 atatc unlcao:
(1) The related cemetery or prcnccd dealer is registered pursuant to this Code ace-
(2) Such related cemetery or prcnccd dealer ia exempt from the provisions of thia
The owner of each cemetery and prenccd dealer ahall apply for and obtain a certificate or registration from the Secretary of State; and it ahall be unlawful to acll any burial lota, righta, burial acrvicca, or burial mcrehandiao without obtaining and maintaining a valid certificate mausoleum interment rights, columbarium inurnment rights, grave spaces, or other physical locations for the final disposition of human remains in this state unless such person is registered as a cemetery owner pursuant to this Code section.
(2) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or sell burial or funeral merchandise or burial services in this state unless such person is registered as a cemetery owner under this Code section, a funeral director under Chapter 18 of Title 43, or a burial or funeral merchandise dealer under this Code section.
(3) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any preneed burial or funeral merchandise or preneed burial services in this state unless such person is registered as a preneed dealer or preneed sales agent pursuant to this Code section.
(4) It shall be unlawful for any person to offer for sale or to sell any funeral services in this state unless such person is licensed as a funeral director under the provisions of Chapter 18 of Title 43.
(b)(l) Every rcgiatration statement filed under thia Code acetion ahall be made in writing person desiring to be a registered cemetery owner shall file with the Secretary of State a separate registration application for each cemetery owned in a form prescribed by the Secretary of State, ahall be executed and duly verified under oath

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by the applicant, ahall be duly verified under oath, ahall be filed in the office of the Secretary of State, and ahull contain if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:

(A) The name, mailing address, and telephone number of the applicant, which for the purposes of this Code section shall be the legal owner of the land upon which the cemetery is located;
(B) The locationT and, if different from the information submitted for subparagraph (A) of this paragraph, the mailing address} and telephone number of the applieant cemetery;

(C) The location of the all records of the applicant which relate to the cemetery;

(D) The owner of If the applicant, including the owncr'a name, address, telephone number, and date the present owner took control of the cemetery; if the owner ia a corporation is not a natural person, the names of the president, secretary, and registered agent of the if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the owner of controlling interest and the percentage of his interest; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;

(E) A copy of the articles of incorporation, bylawa, cemetery rules and regulations, a certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation, and any amendments of the owner company to such documents or any substantially equivalent documents. Any such document once filed with the Secretary of State pursuant to this article chapter shall be deemed to be on file and incorporated into any subsequent renewal or filing of such cemetery registration; provided, however, that each applicant and registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to the articles of incorporation, bylaws, cemetery rules and regulations, or substantially equivalent documents, and provided, further, that any applicant or registrant shall furnish to the Secretary of State additional copies of any such document upon request;

(F) A description of any judgment ef or pending litigation to which the applicant or the cemetery, its individual owner, corporate owner, or person who owns con trolling interest of the owner any affiliate of the applicant is a party and which involves the operation of the cemetery or could materially affect its the business or assets of the applicant;

(G) Whether the owner of the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this article chapter and, if so, their the location, mailing address, telephone number, and type of registration of such other entities;

(H) A consent to service of process meeting the requirements of Code Section 443-448 10-14-24 for actions brought by the State of Georgia;

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(I) A liat The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the cemetery applicant. Such list ahall contain the information required by the proviaiona of Code Section 44 8 133;
(J) A balance sheet of the applicant cemetery dated as of the end of the most recent fiscal year and in no event dated more than 15 months from prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection; aad
(K) Such other reliable and other nccoaaary information as the Secretary of State may require by rule or regulation promulgated purauant to Chapter 13 of Title 60, the 'Georgia Adminiatrativc Procedure Act.' Evidence satisfactory to the Secretary of State that the applicant owns for the cemetery unencumbered fee simple title to contiguous land in the minimum acreage required by this chapter or by rules issued by the Secretary of State in accordance with this chapter, properly zoned for use as a cemetery, and dedicated for such use, and a copy of a plat of survey thereto;
(L) Evidence satisfactory to the Secretary of State that the applicant has recorded, in the public land records of the county in which the land described in subparagraph (K) of this paragraph is located, a notice that contains the following

NOTICE
The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered without the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000.
Such notice shall have been clearly printed in boldface type of not less than ten points and may be included on the face of the deed of conveyance to the applicant or may be contained in a separate recorded instrument that contains a legal description of the property.
(M) The name, address, location, and telephone number of the perpetual care trust account depository or depositories, the names of the accounts, and the account numbers;
(N) The name, address, and telephone number of each trustee;
(O) A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee, and evidence satisfactory to the Secretary of State of the deposit into such account of the amount of the initial required deposit, the trust agreement being conditioned only upon issuance of a certificate of registration;
(P) Such other information and documents as the Secretary of State may require by rule; and
(Q) A filing fee of $100.00.
(2) A registration atatcmcnt under thia Code acction shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time aa the Secretary of State determines.

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(2) Every person desiring to be a registered preneed dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;
(C) All locations of the records of the applicant which relate to preneed sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority, if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;
(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's preneed business in Georgia or which could materially affect the business or assets of the applicant;
(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 1014-24 for actions brought by the State of Georgia;
(I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) The name, address, location, and telephone number of the preneed escrow account depository or depositories, the names of the accounts, and the account numbers;
(L) An executed copy of the escrow agreement required by Code Section 10-14-7;
(M) The name, address, and telephone number of the escrow agent;

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(N) Such other information and documents as the Secretary of State may require by rule; and
(O) A filing fee of $250.00.
(3) Every person desiring to be a registered burial or funeral merchandise dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;
(C) All locations of the records of the applicant which relate to funeral or burial merchandise sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;
(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's funeral or burial merchandise business in Georgia or which could materially affect the business or assets of the applicant;
(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 1014-24 for actions brought by the State of Georgia;
(I) The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial or funeral merchandise on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) Such other information and documents as the Secretary of State may require by rule;
(L) A filing fee of $100.00; and

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(M) A bond, if required by the rules and regulations of the Secretary of State.
(c) The Secretary of State may approve an application only after he or she has conducted an investigation of the applicant and determined that such applicant is qualified by character, experience, and financial responsibility to conduct the business for which the applicant is seeking registration in a legal and proper manner. A registration application filed under this Code section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary of State determines.
Xd) Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed together with a sworn statement that all information not provided remains accurate. The filing fee for renewal of registration shall be one half the filing foe for such application $50.00 for each cemetery of cemetery owners, $100.00 for preneed dealers, and $50.00 for burial or funeral merchandise dealers.
(e) The Secretary of State, by rule, may provide for exceptions from registration for cemeteries when the Secretary of State determines that the public interest does not require registration, provided that such cemeteries are in existence on or before July 1, 2000, consist of less than 25 acres, and are operated by nonprofit entities.
(f) Notwithstanding any provision to the contrary contained in this Code section, the following shall be exempt from registration as a burial or funeral merchandise dealer:
(1) Any registered cemetery owner;
regis burial or funeral merchandise sold for use at such cemetery;
(3) Any licensed funeral director;
(4) Any person providing interment and disinterment services exclusively at cemeteries exempt from registration;
(5) Any monument manufacturer or dealer which does not install monuments in cemeteries required to be registered by this Code section;
(6) Any person who does not offer for sale or sell burial or funeral services or merchandise to the general public; and
(7) Any registered preneed dealer.
In addition, the Secretary of State, by rule, may provide for other exceptions from registration.
(dKg) (1) In the event that a Any cemetery in operation on August 1, 1986 which offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article chapter. No cemetery formed or created on or after July 1, 2000, may fail to offer perpetual care for any part of such cemetery.

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(2) Any nonperpetual care cemetery which was registered with the Secretary of State prior to August 1, 1986, may continue to be operated as such after that date and a renewal of such registration shall not be required.

(3) Any nonperpetual care cemetery which is shown to be of historical significance and is operated solely for historical nonprofit purposes shall be exempt from registration.
(4) Except as specifically authorized under paragraphs (2) and (3) of this subsection, from and after August 1, 1986, it shall be unlawful for any person to operate or establish a nonperpetual care cemetery.
10-14-5.

(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered with the Secretary of State as preneed sales agents, pursuant to this Code section, unless such individuals are exempted under this chapter or individually own a controlling interest in a preneed dealer registered under this chapter.
(b) All preneed sales agents must be employed by a registered preneed dealer.
(c) A preneed dealer shall be liable for the activities of all preneed sales agents who are employed by the preneed dealer or who perform any type of preneed related activity on behalf of the preneed dealer. If a preneed sales agent violates any provision of this chapter, such preneed sales agent and each preneed dealer who employs such preneed sales agent shall be subject to the penalties and remedies set out in Code Sections 10-14-11, 10-14-19, 10-14-20, and 10-14-21.
(d) A preneed sales agent may be authorized to sell, offer, and execute preneed contracts on behalf of all entities owned or operated by the agent's sponsoring preneed dealer.

(e) If the application for his or her registration is sent by certified mail, return receipt requested, an individual may begin functioning as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g) of this Code section, is mailed to the Secretary of State, provided that, if any such sales agent fails to meet the qualifications set forth in this chapter, the preneed dealer shall immediately upon notification by the Secretary of State cause such agent to cease any sales activity on its behalf.

(f) The qualifications for a preneed sales agent are as follows:
(1) The applicant must be at least 18 years of age;
(2) The applicant must not be subject to any order of the Secretary of State that restricts his or her ability to be registered as a preneed sales agent; and
(3) The applicant must not have been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, have been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or have been convicted of a felony.

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(g) An application for registration as a preneed sales agent shall be submitted to the Secretary of State with an application fee of $100.00 by the preneed dealer on a form that has been designated by the Secretary of State and shall contain, at a minimum, the following:
(1) The name, address, social security number, and date of birth of the applicant and such other information as the Secretary of State may reasonably require of the applicant;
(2) The name, address, and license number of the sponsoring preneed dealer;
(3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f) of this Code section;
(4) A representation, signed by the preneed dealer, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the preneed dealer and that the preneed dealer has informed the applicant of the requirements and prohibitions of this chapter relating to preneed sales, the provisions of the preneed dealer's preneed contract, and the nature of the merchandise, services, or burial rights sold by the preneed dealer;
(5) A statement indicating whether the applicant has any type of working relationship with any other preneed dealer or insurance company; and
(6) A signed agreement by the applicant consenting to an investigation of his or her background with regard to the matters set forth in this Code section, including, without limitation, his or her criminal history.
(h) An individual may be registered as a preneed sales agent on behalf of more than one preneed dealer, provided that the individual has received the written consent of all such preneed dealers.
(i) A preneed dealer who has registered a preneed sales agent shall notify the Secretary of State within three business days of a change in such individual's status as a preneed sales agent with such preneed dealer or upon the occurrence of any other event which would disqualify the individual as a preneed sales agent.
(j) Upon receipt and review of an application that complies with all of the requirements of this Code section, the Secretary of State shall register the applicant. The department shall by rule provide for annual renewal of registration and a renewal fee of $50.00.

(k) Each cemetery registered under this chapter shall maintain in its files for a period of five years a properly completed and executed application for employment in a form prescribed by the Secretary of State for each employee, officer, ? independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions. If a request is made, said forms shall be made available for inspection by authorized representatives
of the Secretary of State.

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10-14-6.

(c)(l) In the event that a cemetery offers perpetual care for some designated ace tiona of ita property but docs not offer perpetual care to other dcaignatcd sections, the cemetery shall be considered a perpetual care cemetery for purposes of thia

(3)(a)(l) Each cemetery or cemetery company required to be registered by this chapter which holds out to the public or advcrtiaca or contracts perpetual care in connection with the sale or leaac of cemetery lota, grave apaeco, niches, or crypts shall establish and maintain an irrevocable trust fund for each cemetery owned.

{AX2) For trust funds established on or after July 1, 2000, the 'Eke initial deposit to said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be made before selling or contracting to sell any cemetery property or burial right. No such initial deposit shall be required with respect to any cemetery for which there is an existing perpetual care account on July 1, 2000. The trust fund shall apply esly to sales or contracts for sale of lots, grave spaces, niches, mausoleums, columbaria, urns, or crypts in which perpetual care has been promised or guaranteed.

(B)(3) The initial corpus of the trust fund and all subsequent required deposits shall be deposited in a bank, savings and loan institution, truat company, state bank, state savings and loan institution, savings bank, national bank, federal savings and loan institution, state chartered credit union, or federally chartered credit union, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or other depository or trustee which is approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State.

(4) Each perpetual care trust fund established on or after July 1, 2000, shall be

named "The

Cemetery

Perpetual Care Trust Fund' with

the first blank being filled by the name of the cemetery and the second blank being

filled by the month and year of the establishment of such trust fund. If a cemetery

has a perpetual care trust fund existing on July 1, 2000, and the perpetual care

trust fund agreement permits, the cemetery may make additional deposits to such a

trust fund on the condition that the entire corpus of the trust fund, any income

earned by the trust fund, and any subsequent deposits to the trust fund are thereaf-

ter governed by the provisions of this chapter, the 'Georgia Cemetery and Funeral

Services Act of 2000,' as it existed on July 1, 2000, except for the amount of the ini-

tial deposit to the trust fund. If a cemetery owner or company elects to establish a

new perpetual care trust fund subject to the provisions of this chapter, the 'Georgia

Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, any per-

petual care trust fund which existed on July 1, 2000, is subject to the provisions of

law in effect on the date of its establishment, and deposits for sales transacted on or

after July 1, 2000, shall be deposited in the trust fund established on or after July

1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual care trust

fund which complies with provisions of law in effect on the date of its establishment,

a new trust fund created in compliance with this chapter shall not require an initial

deposit.

( )(b) Whenever any burial right, cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt wherein perpetual care or endowment care is promised or contracted for or guaranteed is sold by any cemetery, the cemetery shall make deposits to the trust fund that equal the aum of $10.00 per burial apace or 10 15 percent of the sales price of the burial right, whichever its greater, or & 7.5 percent of the total sales price of any mausoleums, niches, columbaria, urns, or crypts, provided that the

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1787

minimum deposit for each burial right shall be $50.00; provided, further, that on July 1, 2003, and every three years thereafter, the amount of said minimum deposit shall be adjusted by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustment to the amount of said minimum deposit by rule. Deposits to the trust fund shall be made after receipt of final payment and prior to the time the next quarterly report ia required to be filed with the Secretary of State, not later than 30 days following the last day of the month in which payment therefor is made, or, in the case of a free space, the month in which the space is given. In the event any sale is made on an installment basis, not less than one-half of the principal portion of each payment made and allocated to the lot, grave, space, niche, mausoleum, columbarium, urn, or crypt shall be allocated to the required trust fund deposit, provided that all deposits to the trust fund shall be completed within six years from the date of the signing of the perpetual care contract. The manner of any such allocation shall be clearly reflected on the books of the registrant.
(PXc) The initial $10,000.00 corpus of the perpetual care trust fund shall not be counted as part of the required periodic deposits and shall be considered to be corpus or principal.
The income from the truat fund aholl be paid to the owner of the cemetery for his own use and benefit until such income so paid has reached the total of $10,000.00. Thereafter, the The income earned by the trust fund shall be paid to the cemetery and used retained by the trust fund. At such time as either:
(1) The cemetery owner is not licensed and has not been licensed for 90 or more consecutive days to sell burial rights;
(2) The cemetery is under the management of a receiver; or
(3) Less than 50 percent of available lots are unsold,
95 percent of the income from the trust fund shall be paid to the owner or receiver exclusively for covering the costs of care and maintenance of the perpetual care cemetery, or the sections of the cemetery which have been designated as perpetual care aoctiona, including reasonable administrative expenses incurred in connection therewith. The income of the trust fund shall be paid to the cemetery owner or receiver at intervals agreed upon by the cemetery recipient and the trustee, but in no case shall the income be paid more often than monthly.
flPXe) There shall be no withdrawals from the trust fund except pursuant to the provisions of this article chapter or by court order.
(G)(i)(f)(l) The assets of said a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the Tre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section 53-12-287 of the 'Revised Probate Code of 1998.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments.
(ttX2) Any state bank, national bank, trust company, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a perpetual care ceme-

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tery, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust funds established by that state bank, national bank, trust company, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees in the making and disposing of their investments.
(3) Notwithstanding any other provision of this subsection, the Secretary of State shall establish rules and regulations for investments of a trust fund established on or after July 1, 2000, or otherwise governed by this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, as necessary to preserve the corpus and income of such a fund and for determining what restrictions are necessary for such purpose.
(4) At any time, in the event that the perpetual care trust fund contains an amount less than the amount required by this Code section, the cemetery owner shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the perpetual care trust fund an amount equal to such shortfall. In the event that the Secretary of State and the cemetery owner disagree regarding the amount of such shortfall, no penalty shall be imposed upon the cemetery owner for any failure to comply with this paragraph unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.
Moneys of the perpetual care trust fund shall not be invested in or loaned to any business venture controlled by, or in an affiliate of, the cemetery individual owner, corporate owner, ee a person who owns a controlling interest of the corporate owner of a cemetery owner that is not a natural person, or an affiliate of any of these persons or entities.
dXh) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the perpetual care trust fund.
(3) Any cemetery which has established an irrevocable trust fund prior to July 1, 1083, and aaid trust fund meets the minimum criteria established by an Act providing for the registration and regulation of cemeteries, approved April 4, 1060 (Ga. L. 1060, p. 342), shall not be required to establish a new truat fund; provided, further, that any aueh cemetery which has aold all of its lota, grave apacca, niehca, or crypta and ia una blc to make any future aalca ahall not be required to establish a truat fund as pro vidcd in this subsection.
(i) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this chapter or of fraud, theft, or misconduct by the owners of the cemetery or the officers or directors of a cemetery company which has wasted or depleted such funds, the cemetery owners or the officers or directors of a cemetery company may be held jointly and severally liable for any deficiencies in the trust account as required in this chapter.
(4) Perpetual care cemeteries shall be registered with the Secretary of State accord ing to the provisions of subsection (b) of this Code acction. In addition to the re quircmcnta of aubacction (b) of this Code section, the applicant ahall also include the following:

MONDAY, MARCH 6, 2000

1789

(A) A filing fee of $100.00;
(B) The name, addrcas, and telephone number of each trustee;
(C) A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee calling for an initial deposit of $10,000.00 and a copy of a bank cashier's cheek or certified cheek attached for such amount and payable to aueh trustee, the truat agreement being conditioned only upon iaauanec of a certificate of rogiatration; and
(D) A eonacnt to service executed by the trustee purouont to Code Section 44-8-
i48r
10-14-7.
(c)(l)(a)(l) Each preneed dealer, as defined in thia article, which sells burial merchandise as defined or funeral merchandise on a preneed basis or preneed interment burial or funeral services shall establish and maintain a preneed escrow account.
(A) The amount to be deposited to aaid escrow account shall be 86 percent of the aalca price of aueh burial merchandise (2) With respect to funeral merchandise, the amount to be deposited to said escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include cemetery grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the eontcm plated burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit of 36 percent of the solca price described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is eft under an installment contract, the contemplated required trust deposit shall be a pro rata part fren* of the principal portion of each installment payment, such deposit only being required pro rata as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to 36 percent of the undeposited portion of the required deposit of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full.
In the event that With respect to cash advance items and the sale of preneed funeral interment or entombment or burial services are sold, the amount to be deposited to said escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account.
( Xb) The deposit specified in aubparagraph (A) of paragraph (1) paragraphs (2) and (3) of this subsection (a) of this Code section shall be made prior to the date of the next required filing of the quarterly report with the Secretary of 8tatc not later than 30 days following the last day of the month in which any payment is received.
Xc) The preneed escrow account shall be established and maintained in a state bank, state savings and loan institution, savings bank, truat company, national bank, federal savings and loan association, state chartered credit union, or federally chartered credit union, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or other organization approved by the Secretary of State which is located and doing business in this state.

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(E)(d)(l) Funds may be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, each phase of mauaolcum construction ia completed or the cemetery apacoa arc developed, or when the prcnecd dealer ahull have paid the wholesale price of the burial mcrchandiac to a manufacturer approved by the Secretary of State and when the manufacturer shall have certified to the purchaser that aueh payment haa been made and that auch burial mcrehandiac will be delivered upon request of the purchaser, or at such times as described in the rules and regulations promulgated by the Secretary of State. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds ahall may be released to the cemetery preneed dealer upon certification of per formanee. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds.
(iiX2) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the escrow agent nor may said funds be offset or taken for the debts of the cemetery preneed dealer until such time as the merchandise has been delivered or the services performed the phaao of mausoleum construction completed or the cemetery spaces developed; but after delivery of the burial or funeral merchandise concerned, upon completion of each phase of eonatruction of mauaolcum crypta, or the performance of prcnecd interment services, the registrant shall be au thorizcd to withdraw or offoct proportionately auch funda and treat the aamc as money belonging to him; provided, however, that until delivery of burial mcrehan disc is complete, construction is completed, or acrvieca ore performed, the prcnocd dealer ahall at no time withdraw funds in cxecaa of the actual cost incurred in aueh delivery, eonatruction, or performance.
(2) Prcnecd dealers ahall be registered with the Secretary of State according to the proviaions of subsection (b) of thia Code section. In addition to the requirements of subsection (b) of thia Code section, the applicant ahall alao include the following:
(A) A filing fee of $1,000.00;
(B) The name, address, location, and telephone number of the prcnecd burial escrow account dcpooitory, the name of the account, the account number, and a fi naneial report regarding said account;
(C) An executed copy of the escrow agreement getting forth the method used for computing the prcnecd cacrow deposit requirements. Thia agreement shall not be changed or amended without the prior written approval of the Secretary of State;
(D) The name, address, and telephone number of the escrow agent.
(3) Every rcgiatration under thia aubacction shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submiaaion of a renewal application containing the information required in an application for initial registration to the extent that auch information had not been included in an application or renewal application previously filed. The filing fee for renewal of rcgiatration ahall be $200.00.

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(e) At any time, in the event that the preneed escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.
(f) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed escrow account.

(a) The Secretary of State, by order, may prohibit a person who is an employee, officer, er independent contractor, or other agent directly involved in cemetery or prcnood sales or any person occupying a similar status or performing similar functions the sale of burial rights, burial or funeral merchandise, or burial or funeral services from employment or other association with a cemetery or prcnocd dealer registered registrant under this chapter if the Secretary of State finds that such is in the public interest and that said person:
(1) Has willfully made or caused to be made, in any documents filed with the Secretary of State under this article chapter, or in any hearings conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading;
(2) Has willfully violated or willfully failed to comply with any provision of this article chapter or a predecessor law or any regulation or order promulgated or issued under this article chapter or any predecessor law;
(3) Has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves moral turpitude or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony;
(4) Has engaged in any unethical or dishonest practices in the funeral or cemetery business; or
(5) Is permanently or temporarily enjoined, suspended, or barred by any court of competent jurisdiction or by any state or other jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the funeral or cemetery business.
(b) Where the Secretary of State finds that there are grounds for the prohibition from employment provided in this Code section, he or she may issue an order prohibiting an employee, officer, er independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a registered cemetery or preneed

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dealer. Such an order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 44 8 147 10-14-23 and until the Secretary of State shall issue a written order in accordance with Code Section 10-14-23 443-147 if such pcraon requests a hearing under Code Section 44 8 147; but the Secretary of State may, if he or she finds that the public safety or welfare requires emergency action, immediately issue an order prohibiting such person from such employment. Such an order of immediate prohibition will expire automatically if the Secretary of State fails to afford notice and opportunity for hearing pursuant to Code Section 44 3 147 10-14-23.
44 3 186. 10-14-9.
(a) Every pcraon rcgiatcring purauant to Code Section 44 3 134 shall pay a filing fee aa mandated by subsection (c), (d), or (c) of Code Section 44-3-134. Such initial filing foca and respective renewal fees shall be cumulative. For the purposes of thia Code section, cumulative filing fcca shall mean that a person who rcgiatcra under aubsoe tion (c) or (d) of Code Section 44 3 134, who also aclls burial merchandise or burial services under aubacction (c) of Code Section 44 3 134, shall pay a filing fee that is equal to the sum of the filing fee required under aubacction (e) or (d) of Code Section 44-3-134 and the filing foe required by aubacction (c) of Code Section 44-3-184.
(b) Any document filed under thia article or a predecessor law may be incorporated by reference aa an exhibit to any registration statement filed under Code Section 44 3 134 to the extent that the document is currently accurate; provided, however, that each registrant is under a continuing duty to update aueh filing and to notify the Sec rotary of State regarding any changes or amendments to aueh documents on file.
A registration atatcmcnt application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original registration application under Code Section 44-3-184 10-14-4 or 10-14-5. Aay aueh amendment shall become effective when the Secretary of State so orders.
Every applicant registered pursuant to Code Section 44 3 134 10-14-4 or 10-14-5 shall agree to deliver in Georgia, on demand of the Secretary of State, all records and documents concerning funds, accounts, transactions, and activities of said applicant or said applicant shall agree to pay the expenses incurred in sending an auditor approved by the Secretary of State to wherever such records and documents are located for the purpose of conducting an audit pursuant to the provisions of this article chapter.
feKc) When any cemetery or preneed dealer registered under Code Section 44-3 134 10-14-4 is sold or the ownership is otherwise transferred, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.
(1) Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee,

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for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund.
(2) When the vendee or transferee has complied with the provisions of this subsection, he or she shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section 44 3 134 10-14-4. The Secretary of State shall then issue a certificate of registration to said vendee or transferee.

(3) A fee of $600.00 ahull be paid to the Secretary of State by the vendor or transferor upon written notification to the Secretary of State of the proposed transfer. Said fee shall be in addition to any fee imposed pursuant to aubaoction (f) of Code Section 44-3-140.

10-14-10.
(f)(l)(a) Except as otherwise provided in paragraph (2) of this aubacction subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after August 1, 1086, July 1, 2000, shall consist of not less than 36 ten acres of land.

(3Xb) The following cemeteries shall not be subject to the requirement of paragraph (1) of this subsection (a) of this Code section:
(AX1) All cemeteries registered according to this chapter article prior to August 1, 1986; or
(B) Cemeteries (2) Cemeteries initially registered on or after August 1, 1986, but before July 1, 2000, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census.

(c) The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.

(a) The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 44 3 147 10-14-23 if he or she finds that the order is in the public interest and that:
(1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading;
(2) The applicant has failed to file financial reports required by Code Section 44 3 ^34 subsection (h) of Code Section 10-14-12;
(3) The applicant has failed to pay the filing fees required by Code Section 44 3 134 10-4-4;

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(4) The person or entity registered or sought to be registered or the individual owner, corporate owner, or person who owns a controlling interest of the corporate owner has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony; OP
(5) The trustee for the perpetual care trust fund or the escrow agent for the preneed escrow account has failed to file financial reports required by subsection (h) of Code Section 10-14-6 or subsection (g) of Code Section 10-14-29;
(6) The person or entity registered or seeking to be registered has become insolvent or has filed a voluntary petition for protection from creditors; or
(6K7) Any provision of this article chapter or any rule, order, or condition lawfully imposed under this article chapter has been willfully violated by:
(A) The person filing the registration atatcmcnt application;
(B) The registrant's individual owner, corporate owner, or person who owns a controlling interest of the corporate owner; or
(C) The trustee or escrow agent of a trust fund or escrow account established and maintained pursuant to the provisions of this article chapter.
(b) The Secretary of State may deny registration or refuse to grant renewal of registration if he or she finds that such refusal or denial is in the public interest and that:
(1) The registration statement application does not contain a current list of come tcry aalca pcraona preneed sales agents and accompanying information as required by Code Section 44-3 133 10-14-4;
(2) The applicant has not paid filing fees or renewal fees as required by Code Section 44-3-434 10-14-4; or
(3) The applicant has not filed the financial reports required by Code Section 44 3 434 10-14-4 or subsection (h) of Code Section 10-14-12.
(c) In addition to the actions authorized in subsections (a) and (b) of this Code section, the Secretary of State shall be authorized to impose a penalty fee of $26.00 per month or fraction of a month not to exceed $500.00 for the late filing of an application for a renewal registration atatcmcnt or late filing of financial reports required by this article chapter, or both. However, the penalty fee or fees imposed for the late filing of an application for renewal of registration atatcmcntaor financial reports may be waived by the Secretary of State upon juat eauac being ahown by the party against whom the fee ia impoacd upon a showing to the Secretary of the State that such late filing was due to circumstances beyond the control of the applicant or registrant despite the exercise by the applicant or registrant of due diligence in the timely filing of the application or report.
(d) The Secretary of State may by order summarily postpone or suspend the effectiveness of the registration statement or refuse to register any applicant pending final determination of any proceeding under this Code section. Upon the entry of the order, the Secretary of State shall promptly notify the applicant or registrant of the order and the reasons therefor for the order and that, within 15 days after the receipt of a written request, the matter will be heard. If no hearing is requested and none is or-

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dered by the Secretary of State, the order will remain in effect until it is modified or vacated by the Secretary of State. If a hearing is requested or ordered, the Secretary of State, after notice of an opportunity for hearing to the persons affected, may modify or vacate the order or extend it until final determination.
(e) The Secretary of State may vacate or modify a stop order if he or she finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.
(f) No stop order issued under any part of this Code section, except the first sentence of subsection (d) of this Code section, shall become effective until and unless the Secretary of State has complied with the provisions of Code Section 44 3 147 10-14-23.
44-3-137. 10-14-12.
(a) Each registrant under paragraph (1) or (2) of subsection (e) or (c) (b), or both, of Code Section 44 3 134 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.
(b) Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this article chapter and the rules and regulations promulgated under this article chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.
(c) A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State. Said trustee shall be required to be bonded and to file such bond with the Secretary of State; however, the Secretary of State shall have the authority to waive said bond upon a showing of financial stability and assets.
(d) The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.
(e) The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.
(f) A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 44 3 143 10-14-19 or by other means provided by the laws of this state.
(g) A cemetery company or prcnccd dealer may use a aalca contract containing an al location of procccda acetion, provided full disclosure of the allocation of proeccda io ex plained to the purchaser. The perpetual care obligations imposed by this article muat be deposited when any of the following events occur but not later than the time re quired by subsection (e) of Code Section 44-3-134:
(1) The allocation of proceeds applies the funds to the perpetual care trust; or

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(2) When sufficient funda have been applied to the price of the contract according to allocation of proceeds proviaion to indicate full payment of the lot, grave apace, niche, burial right, or crypt.
(h) A prcnccd dealer must notify the Secretary of State whether the wholesale coat method or the 36 percent of the atxlca price method will be uacd for computing prenccd coerow account dcpoaita. The method of computing said dopoaita ahtxll bo the same for determining the amount of all escrow account deposits and the method shall not be changed except upon the written approval of the Secretary of State.
(i) In lieu of the prcnccd dcpoaits specified in subparagraph (c)(l)(A) of Code Section 44 3-134, a prcnocd dealer may poat auch proof of financial responsibility aa the Scerc tary of State shall, by rule and regulation, require for the protection of persona purchasing burial merchandise.
(jXg) Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account at least quarterly annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form approved prescribed by the Secretary of State.

For the purposes of venue for any civil or criminal action under this article chapter, any violation of this article chapter or of any rule, regulation, or order promulgated under this article chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the arti ele this chapter, in the county of any violator's principal place of business in this state, in the county of the cemetery's or preneed dealer's or burial or funeral merchandise dealer's location or residence in this state, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation.
44 3 130 10-14-14
(a) The administration of the provisions of this article chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties under this article chapter to a division director subordinate of las the office as he or she shall deem appropriate.
(b) The Secretary of State shall keep a record of all proceedings related to his or her duties under this article chapter and shall keep a register keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, and burial or funeral merchandise dealers to whom certificates of registration are issued, which register records shall be open at all times for public inspection.
(c) The Secretary of State shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this article chapter.
(d) The Secretary of State shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary of State shall also have authority to appoint and employ investigators who shall have, in any case *ha% in which there is a reason to believe a violation of this article chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.

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(e) The Secretary of State shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this article chapter including, without limitation, rules regarding the solicitation of burial or funeral rights, merchandise, or services. The Secretary of State shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.
44-3-140. 10-14-15.
(a) The Secretary of State, at his or her discretion:
(1) May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this article chapter or any rule, regulation, or order under this article chapter or to aid in the enforcement of this article chapter or in the prescribing of rules and regulations under this article chapter; and
(2) May require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated.
(b) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and, for such purposes, the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(c) In case of refusal to obey a subpoena issued under any Code section of this article chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d) The Secretary of State is authorized to hold investigative hearings with respect to any matter under this article chapter. A hearing as provided for in this Code section may be conducted by any person designated by the Secretary of State for that purpose. A transcript of the testimony and evidence resulting from such hearing may, but need not, be transcribed by the Secretary of State. A report of the investigative hearing shall be included in the investigative report prepared for the Secretary of State. Any recommendations of the designated representative of the Secretary of State shall be advisory only and shall not have the effect of an order of the Secretary of State.

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(e) The Secretary of State shall have the authority to inspect and audit or cause to be audited the books of each registrant under this chapter that has catabliahcd and maintained a perpetual care truat fund or a prcnccd escrow account purauant to thia article. Said audit may be conducted by the Secretary of State as frequently as the Secretary of State may tLem appropriate, provided that, in lieu of an audit, the Secretary of State may accept a certified report of examination from a certified public accountant as to the accuracy of the condition of each trust fund or escrow account. Furthermore, in the event that the Secretary of State may find reason to believe in any case that the amounts of funds on deposit are less than that required by this article chapter, the Secretary of State may require such increase of deposit as he or she reasonably believes necessary to accomplish the provisions of this article chapter.
(f) Pursuant to the auditing powers given to the Secretary of State by this article chapter, the Secretary of State may assess against the audited registrant reasonable and necessary expenses incurred by an audit conducted by the Secretary of State or his representatives of such official. Such an audit may be undertaken pursuant to a proposed transfer of ownership, the failure of the registrant to keep and maintain sufficient records, or an administrative or legal action. Assessment of aaid reasonable and ncccaaary audit expenses ahall be $76.00 per auditor per day plus actual ex pcnacs. The combined audit cxpcnaca and actual expenses shall not exceed $1,000.00 per 12 months for any one cemetery. A certified audit conducted by an independent accountant of the registrant's perpetual care trust account and preneed escrow account may be accepted by the Secretary of State in lieu of audit. Expenses for an audit un dcrtakcn pursuant to administrative or legal action will bo asacaocd agoinat the registrant only if auch audit results in an advcrac finding pursuant to ouch action.
44 3 141. 10-14-16.
(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemetery; for regulating and preventing the introduction and care of plants or shrubs within such grounds; for regulating the conduct of persons and preventing improper assemblages therein; and for all other purposes deemed necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of safeguarding the premises and the principles, plans, and ideas on which the cemetery was organized. From time to time, the owner may amend, add to, revise, change, modify, or abolish such rules and regulations. Such rules and regulations shall be plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery; provided, however, that no cemetery to which the provisions of this article chapter are applicable shall have the power to adopt any rule or regulation in conflict with any of the provisions of this article chapter or in derogation of the contract rights of lot owners or owners of burial rights. Upon request, the registrant shall provide a copy of said rules and regulations to any person who requests it.
(b) The owner of every cemetery shall have the further right to establish reasonable rules and regulations regarding the type material, design, composition, finish, and specifications of any and all merchandise to be used or installed in the cemetery. Roa aonablc Subject to the provisions of this Code section and rules of the Secretary of State, reasonable rules may further be adopted regarding the installing by the cemetery or others of all merchandise to be installed in the cemetery. Such rules and regulations shall be posted conspicuously and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said rules and regulations to any person requesting it. No cemetery owner shall have the right to prevent the use of any merchandise

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purchased by a lot owner or owner of a burial right, his or her representative, his or her agent, or his or her heirs or assigns from any source, provided the merchandise meets all rules and regulations.
(c) All cemetery owners registrants shall have a full and complete schedule of all charges for grave lots, burial rights, burial or funeral merchandise, and burial or funeral services provided by the cemetery registrant plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said schedule of charges to any person requesting it.

(a) It shall be unlawful for any person:
(1) To sell any cemetery property, burial rights, burial acrvicca, or burial mcrchan disc without obtaining and maintaining a valid registration with the Secretary of
)(1) To sell or offer to sell any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, if such person shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission; e/e
(3X2) To sell or offer to sell any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise in violation of any provision of this article chapter or rule, regulation, or order promulgated or issued by the Secretary of State under any provision of this article, chapter;
(3) In connection with the sale of preneed merchandise or services, to fail to refund, at any time after sale, within three business days of the request of the purchaser or the purchaser's heirs or assigns the sales prices plus applicable interest as determined according to rules promulgated by the Secretary of State;
(4) To (b) It shall be unlawful for any person to misappropriate, convert, illegally withhold, or fail to account for any cemetery trust funds, escrow funds, or other funds established or maintained pursuant to this article, chapter;
(5) Knowingly (c) It shall be unlawful for any person knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this article chapter, any statement which is, at the time it is made and in the light of the circumstances under which it is made, false or misleading in any material respect?;
(6) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; or
(7) To sell any grave space which has not been platted and pinned.
(dXb) It shall be unlawful for any person in connection with the ownership, offer, sale, or purchase of any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise, directly or indirectly:
(1) To employ any device, scheme, or artifice to defraud; or

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(2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
(c) In connection with the sale or installation of a monument, it shall be unlawful for a cemetery company to:
(1) Impose any condition upon the installation of a monument obtained from a third party, other than to require installation by a registrant under this chapter or as may be otherwise permitted by the rules and regulations of the Secretary of State;
(2) Charge a fee for the installation of a monument purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $50.00 to reimburse the cemetery owner for its actual costs incurred in assisting in the siting of the monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith;
(3) Refuse to mark the place on the grave where the marker or monument is to be installed and inspect the installation when completed to ensure compliance with cemetery rules and regulations;
(4) Require any person or firm that installs, places, or sets a monument to pay any fee other than any fee charged pursuant to paragraph (2) of this subsection;
(5) Tie the purchase of any grave space or burial right to the purchase of a monument from or through the seller or any other designated person or corporation;
(6) Refuse to provide care or maintenance for any portion of a grave site on which a monument has been placed, provided that installation has been in accordance with lawful rules and regulations of the cemetery;
(7) Attempt to waive liability with respect to damage caused by cemetery employees or agents to a monument after installation, where the monument or installation service is not purchased from the cemetery company providing grave space or from or through any other person or corporation designated by the person authorized to sell grave space or the cemetery company providing grave space; provided, however, that no cemetery company may be held liable for the improper installation of a monument where the monument is not installed by the cemetery company or its agents;
(8) After the promulgation of rules and regulations relating to the subject matter of this subsection by the Secretary of State, to require any person who installs, places, or sets a monument to obtain any form of insurance, bond, or surety or make any form of pledge, deposit, or monetary guarantee as a condition of entry or access to cemetery property or the installation of any monument thereon, other than as may be in accordance with said rules and regulations.
(d) Other than the fees for the sale of burial rights, burial or funeral merchandise, and burial or funeral services, no other fee may be directly or indirectly charged, contracted for, or received by a cemetery company as a condition for a customer to use any burial right, burial or funeral merchandise, or burial or funeral service, except for:
(1) Charges paid for opening and closing a grave and vault installation;

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(2) Charges paid for transferring burial rights from one purchaser to another; however, no such fee may exceed $50.00 and such fee must have been disclosed in writing to the owner at the time of the initial purchase of the burial right from the cemetery;
(3) Charges for sales, documentary, excise, and other taxes actually and necessarily paid to a public official, which charges must be supported in fact;
arge the purchaser, and the premiums for which do not exceed the applicable premium chargeable in accordance with the rates filed with the Insurance Commissioner; or
(5) Charges for interest on unpaid balances in accordance with applicable law.
Nothing herein shall prohibit a cemetery company from charging a reasonable fee for services it provides in connection with a lawful disinterment, provided such charges do not exceed the greater of the cemetery company's normal and customary charges for interment or the actual costs incurred by the cemetery directly attributable to such disinterment. Nothing herein shall prohibit a cemetery from charging a reasonable fee for actual costs it incurs due to the commencement of a funeral service at a time other than previously agreed by the cemetery company, the funeral establishment, and the owner of the burial rights, or his or her heirs and assigns, provided such charges are calculated in a manner which is disclosed and published as required by this chapter and that such charges are directly attributable to extra costs incurred by the cemetery company due to such late commencement.
(e) In connection with the sale of burial rights, burial or funeral merchandise, or burial or funeral services, it shall be unlawful for any person to fail to comply with the provisions of Article 1 of Chapter 1 of this title, 'The Georgia Retail Installment and Home Solicitation Sales Act' or Part 1 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' For the purposes of this subsection, burial rights, burial or funeral services, and burial or funeral merchandise shall constitute goods as that term is used in said article and said part.
(f) In connection with the installation of a monument:
(1) It shall be unlawful for any person installing said monument to fail to comply with the lawful rules and regulations of the cemetery regarding monument installation, provided that said rules and regulations are provided in writing to the installer prior to the installation. In the event such installation is not in conformity with said rules and regulations, the installer shall be liable to the cemetery for the actual cost of correcting such installation so it will be in conformity, provided that:
(A) The cemetery has notified the installer by certified mail, return receipt requested, of the reasons for the nonconformity not later than one year after the date of the installation; and
(B) The installer, provided it is registered under this chapter, shall have had not less than 30 days from its receipt of such notice to correct such nonconformity; and
(2) An installer of a monument shall be liable to the cemetery, to its customers, and to third persons for damages to their respective property and for other damages arising due to the negligence or intentional act of such installer, which liability may not be waived by contract.

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(g) No program offering free burial rights may be conditioned on any requirement to purchase additional burial rights, burial or funeral merchandise, or burial or funeral services.

(h) The contract rights of any purchaser of preneed merchandise shall be freely transferable without fee.

(i) It shall be unlawful for any owner or operator of a perpetual care cemetery to fail to provide care and maintenance for the cemetery.

10-14-18.

(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall:

(1) Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for sale by the registrant;

(2) Fully disclose all regularly offered services and merchandise prior to the selection of burial rights, burial or funeral services, or burial or funeral merchandise. The full disclosure required shall identify the prices of all burial or rights, burial or funeral services, and burial or funeral merchandise provided by the registrant;

(3) Not make any false or misleading statements of the legal requirement as to the necessity of a casket or outer burial container;

(4) Provide a good faith estimate of all fees and costs the customer will incur to use any burial rights, merchandise, or services purchased;

(5) Provide to the customer a current copy of the rules and regulations of the registrant;

(6) Provide the registrant's policy on cancellation and refunds to each customer;

(7) Provide refunds if burial or funeral merchandise is not delivered as represented; and

(8) Provide the customer, upon the purchase of any burial right or burial or funeral merchandise or service, a written contract, the form of which has been filed with the Secretary of State.

(b) In a manner established by rule of the Secretary of State, the written contract shall provide on the signature page of the contract, clearly and conspicuously in boldface ten-point type or larger, the following:

(1) The words 'purchase price' together with the sum of all items set out in the contract in accordance with subsection (d) of this Code section;

(2) The amount to be placed in trust;

(3) Either:

(A) A statement that no further expenses will be incurred at the time of need; or

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(B) A statement that additional expenses will be incurred at the time of need, the registrant's current price for each such expense, and a statement that such prices may be expected to increase in the future; and
(4) The telephone number designated by the Secretary of State for questions and complaints.
e signi customer and a copy of the contract shall be provided to the customer.
(d) The written contract shall provide an itemization of the amounts charged for all burial rights, burial or funeral services, burial or funeral merchandise, cash advances, and fees and other charges, which itemization shall be clearly and conspicuously segregated from everything else on the written contract.
(e) The written contract shall contain a description of the burial or funeral merchandise covered by the contract to include, when applicable, size, materials from which the burial or funeral merchandise is made, and other relevant specifications as may be required by the Secretary of State.
(f) The written contract shall disclose the location at which funeral services are to be provided and the space number of each lot or grave space.
44 3 143. 10-14-19.
(a) Whenever it may appear to the Secretary of State, cither upon complaint or other wise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this article chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this article chapter or which is declared to be unlawful under this article chapter, the Secretary of State may, at his or her discretion, act under any or all of the following paragraphs:
(1) Issue an order, if he or she deems it to be appropriate in the public interest or for the protection of consumers, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 44 3 147 10-14-23;
(2) Apply to any superior court of competent jurisdiction in this state for an injunction restraining such person and his such person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof, and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or
(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his or her individual discretion, institute the necessary criminal proceedings.
(b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant and his its agents, employees, partners, officers, or directors, and the production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of the public as the facts may warrant.

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(c) In any criminal proceeding, either the district attorney or the Attorney General, or both, may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant or his its agents, employees, partners, officers, or directors and the production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.
(d) In any civil proceeding brought under this Code section, if the Secretary of State shall establish that a perpetual care trust fund or preneed escrow account has not been established and maintained as required, the assets of the cemetery, cemetery company, or preneed dealer may be seized and sold by the state under orders of the court to the extent necessary to provide said perpetual care trust fund or preneed escrow account and set up the same. In addition, where the certificate of registration has been revoked, the whole company property may be ordered sold after the perpetual care trust fund and preneed escrow account have been established so that the purchaser of the cemetery may continue to operate the same and maintain it under the terms of this article chapter.
(e) The Secretary of State shall have the authority to petition a court of competent jurisdiction to remove a trustee or escrow agent for violation of the provisions of this Ptiele chapter, the rules and regulations promulgated under this article chapter, or for other unlawful acts and practices.
(f) In addition to any other penalties that may be imposed, any person willfully violating any provisions of Code Section 44-3 142 10-14-17 or 10-14-18 or of Code Section 44 3 136 10-14-11 or any rule, regulation, or order of the Secretary of State made pursuant to Code Section 44 3 142 10-14-17, 10-14-18, or 44 3 136 10-14-11 shall be subject to a civil penalty not to exceed $j&e& $10,000.00 for each day that auch a single violation or violations persist but and not exceeding the total sum of $6,000.00 $100,000.00 for multiple violations in a single proceeding or a series of related proceedings. However, such penalty shall only bo impoacd if the person ahall fail to cor root any failure, refusal, or violation after written notice of the Secretary of State to correct aamc. The Secretary of State shall be authorized in his or her discretion to decline to impose a penalty or to impose any lesser penalty that he or she may deem to be sufficient and appropriate in any particular case. The amount of such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the superior courts of this state, except that the order or finding of the Secretary of State as to such penalty may be appealed according to the provisions of Code Section 44 3 146 10-14-22.
44 3 144. 10-14-20.
(a) Aay Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.
(b) Any person who shall willfully violate aubacction (b) of Code Section 44 3-142 1014-17, Code Section 10-14-18, or any provision of this article chapter regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this article chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $6,000.00 $10,000.00 or imprisonment for not less than one and not more than five years, or both.
(c) Nothing in this article chapter shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.

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44-8-346r 10-14-21.

(a) Any person who violates any provision of subsection (a), (b), or (d) of Code Section 44-3-143 10-14-17 shall be liable to the person buying such cemetery property, burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the cemetery property, burial lot, burial right, burial merchandise, or burial service together with interest at the legal rate from the date of such payment, and reasonable attorney's fees and costs.

(b) In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract.

(c) No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the sale if there is no contract for sale.

(d) Every cause of action under this article chapter survives the death of any person who might have been a plaintiff or defendant.

(e) Nothing in this article chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of cemetery property, a burial lot, burial right, burial merchandise, or burial services.

44-3-146. 10-14-22.

(a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 44 3 160 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:

(1) The order from which the appeal is taken;

(2) The ground upon which a reversal or modification of such order is sought; and

(3) A demand for a certified transcript of the record of such order.

(b) Upon receipt of such notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.

(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.

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44 3 147. 10-14-23.
(a) Where the Secretary of State has issued any order forbidding the sale of cemetery property, burial lots, burial rights, burial merchandise, or burial services under any provision of this article chapter, he or she shall promptly send to the cemetery owner, cemetery company, burial or funeral merchandise dealer, or preneed dealer and to the persons who have filed such application for registration a notice of opportunity for hearing. Before entering an order refusing to register any person or entity and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person or entity a notice of opportunity for hearing. Hearings shall be conducted by the Secretary of State pursuant to this Code section.
(b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by certified mail, return receipt requested, to the addressee's business mailing address, and such notice shall state:
(1) The order which has issued or which is proposed to be issued;
(2) The ground for issuing such order or proposed order; and
(3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice.
(c) Whenever a person requests a hearing in accordance with the provisions of this Code section, there shall immediately be set a date, time, and place for such hearing, and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 443 133, the The date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the issuer of the notice and the person requesting such hearing.
(d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearings, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request of the person requesting such hearing or upon his the official's own initiative, to issue a subpoena for any witnesses or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(e) At any hearing conducted under this Code section, a party or an affected person may appear in his or her own behalf or may be represented by an attorney. A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. A transcript of the proceeding shall be made available to a party upon the payment of reasonable costs. The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of such hearing.

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(f) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or he or she may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings with respect to the matters involved and enter an order in accordance with h the Secretary's findings.
44 3 148. 10-14-24.
When consent to service of process is required under this article chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of cemetery property, burial lots, burial rights, burial services, or burial merchandise in violation of this article chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail to the person against whom such process or pleadings are directed at his such person's latest address on file in the office of the Secretary of State.
44 3 149 10-14-25
Any condition, stipulation, or provision binding any person acquiring any cemetery property, burial lot, burial right, burial merchandise, or burial services to waive:
(1) Compliance with any provision of this article chapter or of the rules and regulations promulgated under this article chapter;
(2) Any rights provided by this ortielc chapter or by the rules and regulations promulgated under this article chapter; or
(3) Any defenses arising under this article chapter or under the rules and regulations promulgated under this article chapter
shall be void.
44_g ^gQ 10-14-26
For any action taken or any proceeding had under the provisions of this article chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune.
44 8 161. 10-14-27.
(a) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with the provisions of this article chapter, shall constitute prima-facie evidence of such compliance or noncompliance with the provisions of this article chapter and shall be admissible in any such action.

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(b) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his or her office and of any of his or her records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
A A q -i eg 10-14-28

(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1083 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, no later than July 1, 1083 2000.
(b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect. They shall be deemed to have been filed, entered, or imposed under this article chapter but are governed by prior law.
(c) Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 1983 2000, are governed by Code Section 44 3 146 1014-22, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, no later than August 1, 1983 2000.
10-14-29.
(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales are being made within four years after the date of the first such sale or 50 percent of the mausoleum or columbarium has been sold and the purchase price has been received, whichever occurs first. The construction shall be completed within five years after the date of the first sale made. If the units have not been completely constructed at the earlier of time of need or the time specified in this subsection, all moneys paid shall be refunded upon request, plus interest earned thereon for that portion of the moneys deposited in the preneed escrow account and an amount equal to the interest that would have been earned on that portion of the moneys that were not so deposited.
(b) A cemetery company that plans to offer for sale space in a section of a mausoleum or columbarium prior to construction shall establish a preconstruction trust fund by written instrument. The preconstruction trust fund shall be administered by a corporate trustee approved by the Secretary of State and not affiliated with the cemetery company and operated in conformity with applicable provisions of Code Section 10-147. The preconstruction trust fund shall be separate from any other trust funds that may be required by this chapter.
(c) Before a sale, contract for sale, reservation for sale, or agreement for sale in a mausoleum section or columbarium may be made, the cemetery company shall compute the amount to be deposited to the preconstruction trust fund. The total amount to be deposited in the fund for each unit of the project shall be computed by dividing the cost of the project plus 10 percent of the cost, as computed by a licensed contractor, engineer, or architect, by the number of crypts or niches in the mausoleum or columbarium. When payments are received in installments, the percentage of the installment payment placed in trust must be identical to the percentage which the payment received bears to the total cost of the contract, including other burial or funeral merchandise and services purchased. Preconstruction trust fund payments shall be made within 30 days after the end of the month in which payment is received.

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(d) When the cemetery company delivers a completed crypt, mausoleum, columbarium, or niche acceptable to the purchaser in lieu of the crypt or niche purchased prior to construction, all sums deposited to the preconstruction trust fund for that purchaser shall be paid to the cemetery company.
(e) Upon completion of the mausoleum section or columbarium, the cemetery company shall certify completion to the trustee and shall be entitled to withdraw all funds deposited to the account of such mausoleum section or columbarium.
(f) If the mausoleum section or columbarium is not completed within the time limits set out in this Code section, the trustee shall contract for and cause the project to be completed and pay therefor from the trust funds deposited to the project's account, paying any balance, less cost and expenses, to the cemetery company. The cemetery company shall be liable for any difference between the amount necessary to complete construction and the amount of trust funds.
(g) On or before January 31 of each year, the trustee shall file with the Secretary of State in the form prescribed by the Secretary of State, a full and true statement as to the activities of any trust established pursuant to this Code section for the preceding calendar year.
10-14-30.
The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for construction of mausoleums and columbaria. In addition, the Secretary of State may, by rule, provide for the minimum standards for or prohibition of aboveground burial containers."
SECTION 2.
Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and taxes paid to the Commissioner of Insurance, is amended by striking in its entirety subparagraph (Q) of paragraph (1) and inserting in lieu thereof the following:
"(Q) Prcnood funeral acrvicc company.............................................. 26.00 Reserved"
SECTION 3.
Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking and reserving in its entirety Article 2, relating to contracts for preneed funeral services, including Code Section 43-18-90, relating to legislative intent; Code Section 43-18-91, relating to policy declarations; Code Section 43-18-92, relating to definitions; Code Section 43-18-93, relating to certificates of authority for persons holding funds as payment on preneed funeral services contracts; Code Section 43-18-94, relating to applications for such certificates; Code Section 43-18-95, relating to records, examinations, and investigation; Code Section 43-18-96, relating to disposition of proceeds received on contracts; Code Section 43-18-97, relating to service charges; Code Section 43-18-98, relating to payment of funds upon death of named beneficiary; Code Section 43-18-99, relating to liability of depository after beneficiary's death; Code Section 43-18-100, relating to advertising; Code Section 43-18-101, relating to cancellation of contracts; Code Section 43-18-102, relating to revocation, suspension, or refusal to renew certificate of authority; Code Section 43-18-103, relating to applicability to persons authorized to operate cemeteries; Code Section 43-18-104, relating to injunc-

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tions; Code Section 43-18-105, relating to liquidation proceedings; Code Section 43-18106, relating to fines; Code Section 43-18-107, relating to enforcement; and Code Section 43-18-108, relating to penalties.
SECTION 4.
Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended by striking and reserving in its entirety Article 4, relating to cemeteries, including Code Section 44-3-130, relating to the short title; Code Section 44-3-131, relating to definitions; Code Section 44-3-132, relating to employees' applications; Code Section 44-3-133, relating to prohibition of certain persons from employment; Code Section 44-3-134, relating to registration, trust funds, and escrow accounts; Code Section 44-3-135, relating to filing fees and documents, state audits, change of ownership, and minimum size requirements; Code Section 44-3-136, relating to suspension or revocation of registration and denial of application for registration; Code Section 44-3-137, relating to accounts, agreement forms, bonds, trustees and escrow agents, funds allocation, and financial reports; Code Section 44-3-138, relating to venue; Code Section 44-3-139, relating to administration and rules and regulations; 44-3-140, relating to investigations, hearings, and audits; Code Section 44-3-141, relating to cemetery rules and regulations and service charges; Code Section 44-3-142, relating to prohibited acts; Code Section 44-3-143, relating to civil penalties; Code Section 44-3-144, relating to criminal penalties; Code Section 44-3-145, relating to purchaser's remedy for violations; Code Section 44-3-146, relating to judicial appeal; Code Section 44-3-147, relating to administrative appeal; Code Section 44-3-148, relating to consent to service of process; Code Section 44-3-149, relating to waiver of rights or defenses; Code Section 44-3-150, relating to immunity of the Secretary of State; Code Section 44-3-151, relating to evidence in civil or criminal actions; and Code Section 44-3-152, relating to actions pending under prior law.
SECTION 5.
Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended in Code Section 44-12-260, relating to definitions relative to American Indian human remains and burial objects, by striking paragraph (4) in its entirety and inserting in lieu thereof the following:
"(4) 'Burial site' or Tjurial ground' means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to b4.e" registered with the Secretary of State pursuant to Code Section 11 3 134 10-14-

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.

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter YByrd 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 Bhrhart 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 E 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 N Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas N 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
Morris Y Mosley Y Mueller Y OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster YPoag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense 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 passage of the Bill, by substitute, the ayes were 167, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Howard of the 118th, Lucas of the 124th and Alien of the 117th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 1245. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Smith of the 169th, Shaw of the 176th and others: A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the weighing of leaf tobacco; to provide for weight tickets; to provide requirements for the sale of leaf tobacco.
The following substitute, offered by Representative Floyd of the 138th, was read and adopted:

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A BILL
To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tohacco sales and storage, so as to provide for tobacco contracts between tobacco companies and tobacco growers; to provide for contents and requirements for such contracts; to provide for tolerances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by adding a new Code Section 10-4107.1 to read as follows:
"10-4-107.1.

(a) As used in this Code section, the term tobacco contract' means any contract between a tobacco company and a tobacco grower under which the tobacco company contracts to purchase tobacco to be grown by the tobacco grower other than at a tobacco auction.
(b) No tobacco contract for the purchase of tobacco grown in this state shall be valid or binding unless:
(1) The tobacco grower is given the opportunity to have the proposed tobacco contract reviewed outside the business premises of the tobacco company or its agents by an attorney or advisor of the tobacco grower's choosing prior to execution;
(2) The tobacco contract is written in plain English.
(3) The tobacco contract quotes the provisions of subsection (c) of this Code section.
(c)(l) The tobacco grower shall have a right to cancel a tobacco contract until 12:00 Midnight of the third business day after the day on which the tobacco grower signs the contract.
(2) Notice of cancellation under this subsection shall be given to the tobacco company at the place of business as set forth in the tobacco contract by certified mail, return receipt requested, which shall be posted not later than 12:00 Midnight on the third business day following execution of the tobacco contract.
(3) In the event of cancellation pursuant to this subsection, the tobacco grower shall refund to the tobacco company within ten days after the cancellation any consideration received by the tobacco grower from the tobacco company under the tobacco contract.
(4) Notice of cancellation given by the tobacco grower need not take any particular form and, however expressed, is effective if it indicates the intention of the tobacco grower not to be bound by the tobacco contract."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 6, 2000

1813

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
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 E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Holland Y Holmes Y Houston
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
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
Mills Y Mobley
Morris Y Mosley Y Mueller Y CWeal Y Orrock Y Parham Y Parrish
Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Handall Ray Y Reaves Y Reece Y Reed Y Heese 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 Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tinman Y Tolbert Y Trense Y Tumquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Joyce of the 1st moved that the following Bill of the House be taken from the table:
HB 672. By Representatives Joyce of the 1st, Brooks of the 54th and Westmoreland of the 104th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that registered political bodies may nominate candidates for all offices.

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On the motion, the roll call was ordered and the vote was as follows:

Alien N Anderson N Ashe Y Bailey Y Bannister N Barnard
Y Barnes N Benefield N Birdsong N Bohannon N Bordeaux
Y Borders N Bridges Y Brooks Y Brown
N Buck Y Buckner
N Bulloch N Bunn N Burkhalter
Y Byrd Y Callaway N Campbell N Cash N Channell Y 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
Dean
Y DeLoach, B
Y DeLoach, G Y Dix
Y Dixon Y Dodson N Dukes
Y Ehrhart Epps
Y Evans
N Everett N Felton N Ployd
Y Franklin Y Golick Y Graves
N Greene Y Grindley Y Hammontree N Hanner Y Harbin E Harrell Y Heard N Heckstall
Y Hegstrom Y Hembree Y Henson
Holland Y Holmes N Houston
Howard Y Hudgens Y Hudson, H N Hudson, N

Y Hugley N Irvin N Jackson, B N Jackson, L N James
N Jamieson N Jenkins Y Jennings
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
E Massey Y McBee N McCall
N McClinton McKinney
Y Millar Y Mills
Y Mobley Morris
N Mosley Mueller
Y CWeal Y Orrock
N Parham N Parrish N Parsons

Y Pelote Y Pinholster Y Poag
Ponder
N Porter N Powell
N Purcell Y Ragas N Randall Y 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 Y Scheid Y Scott Y Shanahan
N Shaw N Shipp N Sholar N Sims Y Sinkfield Y Skipper N Smith, B
Y Smith, C N Smith, C.W N Smith, L

Y Smith, L.R N Smith, P N Smith, T
Y Smith, V N Smyre Y Snelling
N Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner
Stephens Y Stokes
Y Stuckey Y Taylor N Teague Y leper N Tillman N Tolbert N Trense N Turnquest Y Twiggs
Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland
Y Whitaker N Wiles Y Williams, J Y Williams, R
N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 90, nays 74.
The motion prevailed.
SB 331. By Senators Ragan of the llth, Meyer von Bremen of the 12th, Blitch of the 7th and others: A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article.
The following Committee substitute was read: A BILL
To amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the definition of "agricultural products"; to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 6, 2000

1815

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, is amended by striking paragraph (1) of Code Section 2-9-1, relating to definitions, and inserting in its place the following:

"(1) 'Agricultural products' includes fruits, vegetables, eggs, pecans, and bated cotton prior to warehousing but does not include dairy products, unbalcd or warehoused cotton, tobacco, grains, and other basic farm crops."
SECTION 2.

Said article is further amended by striking Code Section 2-9-15, relating to applicability of the article, and inserting in its place the following:
"2-9-15.

This article shall not apply to:
(1) Farmers or groups of farmers in the sale of agricultural products grown by themselves;

(2) Persons who buy for cash, paying at the time of purchase in United States currency, certified check, cashier's check, or the equivalent; or

(3) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the 'Georgia Food Actr,' who conduct no business at the wholesale level and who have fewer than ten employees."
SECTION 3.
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 331 by striking line 4 of page 1 and inserting in its place the following:
"change the definition of 'agricultural products'; to change the provisions relating to bonds; to change".
By inserting between lines 19 and 20 of page 1 the following:
"SECTION 2.
Said article is further amended by striking Code Section 2-9-5, relating to bonds, and inserting in its place the following:

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'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 in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant or in the case of cotton gins not to exceed $150,000.00. 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.'".

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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
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 Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B

Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley

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 Rogers
Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Y Scott
Y Shanahan Y Shaw Y Shipp

MONDAY, MARCH 6, 2000

Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W
Y Smith, L
Y Smith, L.R Y Smith, P Y Smith, T

Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P
Y Stanley-Turner Y Stephens Y Stokes

Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Y Turnquest
Y Twiggs Y Unterman
Walker, L

1817
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 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.
By unanimous consent, HB 1609 was ordered immediately transmitted to the Senate.
HB 1422. By Representatives Sinkfield of the 57th, Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st, Murphy of the 18th 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 Child Advocate in the office of the Governor; to provide for administrative assignment; to provide for staff and personnel; to provide for contracts; to provide for duties, rights, and powers; to hold harmless certain persons from certain losses; to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records.
The following Committee substitute was read:
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 Child Advocate for the Protection of Children; to provide for administrative assignment; to provide for staff and personnel; to provide for contracts; to provide for duties, rights, and powers; to require and permit certain reports; to authorize the advocate to request certain investigations by the Georgia Bureau of Investigation and provide for the conduct and results of such investigations; to amend Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to the State-wide Child Abuse Prevention Panel, so as to include the advocate as a member of the panel; to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to per-

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sons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 11 of Title 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:
"ARTICLE 5
15-11-170.
(a) This article shall be known and may be cited as the 'Georgia Child Advocate for the Protection of Children Act.'
(b) In keeping with this article's purpose of assisting, protecting, and restoring the security of children whose well-being is threatened, it is the intent of the General Assembly that the mission of protection of the children of this state should have the greatest legislative and executive priority. Recognizing that the needs of children must be attended to in a timely manner and that more aggressive action should be taken to protect children from abuse and neglect, the General Assembly creates the Office of the Child Advocate for the Protection of Children to provide independent oversight of persons, organizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect, or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection of Children will provide children with an avenue through which to seek relief when their rights are violated by state officials and agents entrusted with their protection and care.
15-11-171.
As used in this article, the term:
(1) 'Advocate' or 'child advocate' means the Child Advocate for the Protection of Children established under Code Section 15-11-172.
(2) 'Agency" shall have the same meaning and application as provided for in paragraph (1) of subsection (a) of Code Section 50-14-1.
(3) 'Child' or 'children' means an individual receiving protective services from the division, for whom the division has an open case file, or whose siblings, parents, or other caretakers have been the subject of a report to the division within the previous five years.
(4) 'Department' means the Department of Human Resources.
(5) 'Division' means the Division of Family and Children Services of the Department of Human Resources.
15-11-172.
(a) There is created the Office of the Child Advocate for the Protection of Children. The Governor, by executive order, shall create a nominating committee which shall consider nominees for the position of the advocate and shall make a recommendation

MONDAY, MARCH 6, 2000

1819

to the Governor. Such person shall have knowledge of the child welfare system, the juvenile justice system, and the legal system and shall be qualified by training and experience to perform the duties of the office as set forth in this article.

(b) The advocate shall be appointed by the Governor from a list of at least three names submitted by the nominating committee for a term of three years and until his or her successor is appointed and qualified and may be reappointed. The salary of the advocate shall not be less than $60,000.00 per year, shall be fixed by the Governor, and shall come from funds appropriated for the purposes of the advocate.

(c) The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3.

(d) The advocate may appoint such staff as may be deemed necessary to effectively fulfill the purposes of this article, within the limitations of the funds available for the purposes of the advocate. The duties of the staff may include the duties and powers of the advocate if performed under the direction of the advocate. The advocate and his or her staff shall receive such reimbursement for travel and other expenses as is normally allowed to state employees, from funds appropriated for the purposes of the advocate.
(e) The advocate shall have the authority to contract with experts in fields including but not limited to medicine, psychology, education, child development, juvenile justice, mental health, and child welfare, as needed to support the work of the advocate, utilizing funds appropriated for the purposes of the advocate.

(f) Notwithstanding any other provision of state law, the advocate shall act independently of any state official, department, or agency in the performance of his or her duties.
(g) The advocate or his or her designee shall be an ex officio member of the State-wide Child Abuse Prevention Panel.
15-11-173.
The advocate shall perform the following duties:

(1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children;
(2) Refer complaints involving abused children to appropriate regulatory and law enforcement agencies;

(3) Report the death of any child to the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and to provide such subcommittee access to any records of the advocate relating to such child;
(4) Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations

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deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall he made expeditiously in order to timely influence public policy; and
(5) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article including without limitation providing the division with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by the division, in division offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting that office.
15-11-174.
The advocate shall have the following rights and powers:
(1) To communicate privately, by mail or orally, with any child and with each child's parent or guardian;
(2) To have access to all records and files of the division concerning or relating to a child, and to have access, including the right to inspect, copy, and subpoena records held by clerks of the various courts, law enforcement agencies, service providers, including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatment within the state. To the extent any such information provides the names and addresses of individuals who are the subject of any confidential proceeding or statutory confidentiality provisions, such names and addresses or related information which has the effect of identifying such individuals shall not be released to the public without the consent of such individuals;
(3) To enter and inspect any and all institutions, facilities, and residences, public and private, where a child has been placed by a court or the division and is currently residing. Upon entering such a place, the advocate shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any children. After notifying the administrator or the person in charge of the facility, the advocate may communicate privately and confidentially with children in the facility, individually or in groups, or the advocate may inspect the physical plant. To the extent possible, entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of services to children;
(4) To apply to the Governor to bring legal action in the nature of a writ of mandamus or application for injunction pursuant to Code Section 45-15-18 to require an agency to take or refrain from taking any action required or prohibited by law involving the protection of children;
(5) To apply for and accept grants, gifts, and bequests of funds from other states, federal and interstate agencies, independent authorities, private firms, individuals, and foundations for the purpose of carrying out the lawful responsibilities of the Office of the Child Advocate for the Protection of Children;
(6) When less formal means of resolution do not achieve appropriate results, to pursue remedies provided by this article on behalf of children for the purpose of effectively carrying out the provisions of this article; and

MONDAY, MARCH 6, 2000

1821

(7) To engage in programs of public education and legislative advocacy concerning the needs of children requiring the intervention, protection, and supervision of courts and state and county agencies.
15-11-175.
(a) No person shall discriminate or retaliate in any manner against any child, parent or guardian of a child, employee of a facility, agency, institution or other type of provider, or any other person because of the making of a complaint or providing of information in good faith to the advocate, or willfully interfere with the advocate in the performance of his or her official duties.
(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
15-11-176.
The advocate shall be authorized to request an investigation by the Georgia Bureau of Investigation of any complaint of criminal misconduct involving a child.
15-11-177.
(a) There is established a Child Advocate Advisory Committee. The advisory committee shall consist of:
(1) One representative of a not for profit children's agency appointed by the Governor;
(2) One representative of a for profit children's agency appointed by the President of the Senate;
(3) One pediatrician appointed by the Speaker of the House of Representatives;
(4) One social worker with experience and knowledge of child protective services who is not employed by the state appointed by the Governor;
(5) One psychologist appointed by the President of the Senate;
(6) One attorney appointed by the Speaker of the House of Representatives from the Children and the Courts Committee of the State Bar of Georgia; and
(7) One juvenile court judge appointed by the Chief Justice of the Supreme Court of Georgia.
Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the same manner as the original appointment.
(b) The advisory committee shall meet a minimum of three times a year with the advocate and his or her staff to review and assess the following:
(1) Patterns of treatment and service for children;
(2) Policy implications; and
(3) Necessary systemic improvements.

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The advisory committee shall also provide for an annual evaluation of the effectiveness of the Office of the Child Advocate for the Protection of Children."
SECTION 2.
Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to the Statewide Child Abuse Prevention Panel, is amended by striking the word "and" at the end of paragraph (13) of subsection (a), by inserting a new paragraph (14) to read as follows:
"(14) The child advocate created by Article 5 of Chapter 11 of Title 15; and",
and by renumbering existing paragraph (14) of subsection (a) as paragraph (15).
SECTION 3.
Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, is amended by striking in its entirety subsection (e) of said Code section and inserting in lieu thereof the following:
"(e) Notwithstanding any other provisions of law, child abuse and deprivation records applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent or was the subject of an investigation, report, referral, or complaint under Code Section 15-11-173 shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records."
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 amendments were read and lost:

Representative Callaway of the 81st moves to amend the Committee substitute to HB 1422 as follows:
By striking on page 3 line 35 the words "or his or her designee".

Representative Callaway of the 81st moves to amend the Committee substitute to HB 1422 as follows:
By inserting on page 6 line 18 before the word "The", "After obtaining approval of the Governor for each case,"

The following amendment was read:

Representative Callaway of the 81st moves to amend the Committee substitute to HB 1422 as follows:

MONDAY, MARCH 6, 2000

1823

By inserting on page 4 line 41 after "(2)" the words "After obtaining parental consent in writing,"

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
Barnard N Barnes N Benefield N Birdsong N Bohannon
Bordeaux N Borders N Bridges N Brooks N Brown N Buck N Buckner N Bulloch N Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings N Davis, M

N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes N Ehrhart N Epps N Evans N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene Y Grindley N Hammontree N Hanner N Harbin E Harrell N Heard N Heckstall N Hegstrom N Hembree
Henson N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce N Kaye N Lane N Lewis N Lord N Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton N McKinney N Millar N Mills N Mobley
Morris N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster Y Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice N Richardson
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 Y Smith, B N Smith, C N Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre N Snelling N Snow N Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L N Walker, R.L N Watson N West N Westmoreland N Whitaker N Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 18, nays 153. The amendment was lost.
The following amendment was read:
Representative Callaway of the 81st moves to amend the Committee substitute to HB 1422 as follows: Page 3 line 8 insert after the words "per year" the words and number "and no more than $80,000.00 per year"

1824

JOURNAL OF THE HOUSE

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
Barnard N Barnes N Benefield N Birdsong N Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers N Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper N Cox N Crawford N Cummings N Davis, M

N Davis, T Y Day N Dean N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton
Floyd Y Franklin N Golick Y Graves N Greene Y Grindley N Hammontree N Hanner N Harbin E Harrell N Heard N Heckstall N Hegstrom N Hembree
Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane 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 N Millar Y Mills N Mobley
Morris N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson
Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper N Smith, B N Smith, C N 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 Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson Y West Y Westmoreland N Whitaker N Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 36, nays 135. The amendment was lost.

Representative Smith of the 169th stated that he inadvertently voted "aye" on the preceding roll call. He 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:

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard

Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch

Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T

Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
Y Everett Y Felton Y Floyd Y Franklin Y Golick
Y Graves
Y Greene Y Grindley
Y Hammontree
Y Hanner Y Harbin E Harrell

MONDAY, MARCH 6, 2000

Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning

Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
Y McKinney Y Millar Y Mills Y Mobley
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 N 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

1825
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
Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 171, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Houston of the 166th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Alien of the 117th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 1422 was ordered immediately transmitted to the Senate.
The Speaker announced the House in recess until 2:30 o'clock this afternoon.

1826

JOURNAL OF THE HOUSE

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1215. By Representatives Buckner of the 95th, Dodson of the 94th, Barnes of the 97th, Bailey of the 93rd, McClinton of the 68th and others: A resolution commending the Clayton County Fire Department.
HR 1216. By Representatives Sauder of the 29th, Shipp of the 38th, Golick of the 30th, Parsons of the 40th, McKinney of the 51st and others: A resolution commending Justice P. Harris Hines.
HR 1217. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution commending Charles L. Camp.
HR 1218. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution commending Tommy E. Waldrop.
HR 1219. By Representative Martin of the 47th: A resolution commending VidyaMargaret Anegundi.
HR 1220. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Beatrice Williams-Anthony.
HR 1221. By Representative Smith of the 109th: A resolution commending Mr. Mark Ailing, the 2000 Jackson High School STAR Teacher.
HR 1222. By Representative Smith of the 109th: A resolution commending Victor Sanvidge.
HR 1223. By Representative Smith of the 109th: A resolution commending the Jackson High School boys' basketball team.
HR 1224. By Representatives Harbin of the 113th, Williams of the 114th and Jackson of the 112th: A resolution commending the Augusta Christian School boys' basketball team.

MONDAY, MARCH 6, 2000

1827

HR 1225. By Representatives Twiggs of the 8th, Everett of the 163rd and Bridges of the 9th:
A resolution commending the White County High School Warriors Basketball Team.

HR 1226. By Representative Orrock of the 56th: A resolution recognizing and commending Julie Karen Sharpe.

HR 1227. By Representatives Twiggs of the 8th, Smith of the 12th and Teper of the 61st:
A resolution commending the Towns County High School Lady Indians Basketball Team.

HR 1228. By Representatives Barnard of the 154th and DeLoach of the 172nd: A resolution commending Gwen Odom.

HR 1229. By Representatives Westmoreland of the 104th, Bailey of the 93rd, Dodson of the 94th, Benefield of the 96th and Barnes of the 97th:
A resolution recognizing and commending Benny Whitmore.

HR 1233. By Representatives Burkhalter of the 41st, Williams of the 114th, Martin of the 145th and Graves of the 125th:
A resolution recognizing and commending Harold Richardson.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Alien Anderson Y Ashe Bailey Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Bohannon Bordeaux Y Borders Bridges Y Brooks Brown Y Buck Y Buckner Y Bulloch Y Bunn Burkhalter YByrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Coleman, B Coleman, T Y Cornell 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 Epps Y Evans Y Everett Felton Y Floyd Y Franklin Y Golick Graves Y Greene Y Grindley Y Hammontree Manner Y Harbin E Harrell Heard Y Heckstall Y Hegstrom Hembree

Henson Holland Holmes Houston Y Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson, B Jackson, L James Jamieson Jenkins Y Jennings Y Jones Y Joyce Kaye Y Lane Y Lewis Y Lord Lucas Maddox Y Mann Y Manning Martin, J Martin, J.L Y Massey Y McBee McCall Y McClinton

McKinney Y Millar
Mills Mobley Morris Y Mosley Mueller Y CCNeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Poag Ponder Porter Y Powell Purcell
Y Randall Ray
Y Reaves Reece Reed
Y Reese Y Reichert Y Rice Y Richardson
Roberts Rogers Y Royal

Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar
Sims Y Sinkfield Y Skipper
Smith, B Smith, C Smith, C.W Smith, L Y Smith, L.R Y Smith, P Smith, T Smith, V Smyre Snelling Y Snow Squires Y Stallings Y Stancil Stanley, P Stanley-Turner Stephens Y Stokes Y Stuckey Y Taylor

1828
Teague Y Teper
Tillman Y TMbert

JOURNAL OF THE HOUSE

Y Trense Turnquest
Y Twiggs Unterman

Walker, L Y Walker, R.L
Watson Y West

Y Westmoreland Whitaker
Y Wiles Williams, J

Y Williams, R Y Wix
Yates Y Murphy, Spin-

On the adoption of the Resolutions, the ayes were 102, nays 0. The Resolutions were adopted.

Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Coleman of the 142nd District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1144 Do Pass HB 1160 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1197 Do Pass HR 850 Do Pass HR 1017 Do Pass HR 1051 Do Pass

HR 1057 Do Pass HR 1079 Do Pass HR 1203 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Jenkins of the 110th District, Chairman of the Committee on Special Judiciary, submitted the following report:

MONDAY, MARCH 6, 2000

1829

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 220 Do Pass HB 1522 Do Pass

HB 1643 Do Pass HB 1644 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
Chairman

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 1017. By Representatives Parham of the 122nd and Franklin of the 39th: A resolution commending and inviting Ryan Patrick McDonel to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HR 976. By Representative Parham of the 122nd: A resolution compensating Mr. Robert Sanford.

The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 976 by striking from line 16 and line 22 of page 1 the following:
"$1,500.26", and inserting in lieu thereof the following:
"$1,165.67".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe
Y Bailey Y Bannister Y Barnard
Y Barnes Y Benefield

Y Birdsong Y Bohannon
Bordeaux
Y Borders Bridges
Y Brooks
Y Brown Y Buck

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 Crawford
Y Cummings
Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B

1830
Y DeLoach, G Y Dix
Dixon Y Dodson
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 E Harrell
Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Houston

JOURNAL OF THE HOUSE

Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis
Lord Y Lucas
Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton

McKinney Y Millar
Mills Mobley Morris Y Mosley Y Mueller Y CCNeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Ponder Porter Y Powell Purcell
Y Randall Ray
Y Heaves Y Reece Y Reed Y Reese Y Reichert Y Rice

Y Richardson Roberts
Y Rogers Y Royal
Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C
Smith, C.W Y Smith, L
Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Snelling Y Snow Y Squires

Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper Tillman Y Tolbert Y Trense Turnquest Y Twiggs Y Untennan Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 138, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 1268. By Representatives Barnes of the 97th, Dodson of the 94th, Benefield of the 96th, Bailey of the 93rd and Stancil of the 16th: A bill to amend Chapter 62A of Title 36 of the Official Code of Georgia Annotated, relating to conduct of members of local authorities, so as to provide for training for members of local development authorities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien 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
Buckner Y Bulloch Y Bunn

Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M Y Davis, T
Y Day

Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
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 E Harrell
Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Houston Y Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Irvin Y Jackson, B Y Jackson, L

Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall

Y McClinton McKinney
Y Millar Mills Mobley Morris
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder

MONDAY, MARCH 6, 2000

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 Rogers Y Royal Sanders

Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C
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 Stephens Y Stokes Y Stuckey Y Tfcylor Teague Y Teper Y Tillman

1831
Y Tolbert Y Trense
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson
West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 591. By Representatives Martin of the 47th, Royal of the 164th, Irvin of the 45th, Holmes of the 53rd and Reed of the 52nd: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for creation of municipal and county code enforcement boards.

The following Committee substitute was read and adopted:
A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for creation of municipal and county code enforcement boards; to provide for intent of the General Assembly; to provide for definitions; to provide for organization of local government code enforcement boards; to provide for an enforcement procedure; to provide for conduct of hearings; to provide for powers of enforcement boards; to provide for administrative fines and liens; to provide for duration of liens; to provide for appeals; to provide for methods of giving notices; to provide that provisions of the Act are supplemental; 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 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding following Chapter 73 a new Chapter 74 to read as follows:

36-74-1.

"CHAPTER 74

This chapter shall be known and may be cited as the 'Local Government Code Enforcement Boards Act.'

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JOURNAL OF THE HOUSE

36-74-2.

It is the intent of this chapter to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.
36-74-3.

(a) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided in this chapter.

(b) A county or a municipality may, by ordinance, adopt an alternate code enforcement system which gives code enforcement boards the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances.
36-74-4.

As used in this chapter, the term:

(1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance.

(2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:
(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or
(B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25.

(3) 'Enforcement board' means a local government code enforcement board.
(4) 'Local governing body" means the governing authority of the county or municipality, however designated.
(5) 'Local governing body attorney' means the legal counselor for the county or municipality.
(6) "Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third party occupant of a dwelling place or that creates an immediate and substantial danger to the environment.

MONDAY, MARCH 6, 2000

1833

36-74-5.

(a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members.
(b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any way be limited due to the absence from its membership of one or more individuals with such experience or expertise.

(c)(l) The initial appointments to a seven-member code enforcement board shall be as follows:

(A) Three members appointed for a term of two years each; and (B) Four members appointed for a term of four years each.

(2) The initial appointments to a five-member code enforcement board shall be as follows:

(A) Two members appointed for a term of two years each; and (B) Three members appointed for a term of four years each.

(3) The initial appointments to a three-member code enforcement board shall be as follows:

(A) One member appointed for a term of two years; and (B) Two members appointed for a term of four years each.

(4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years.

(5) The local governing body of a county or a municipality may reduce a seven-member code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board.
(6) A member may be reappointed upon approval of the local governing body.
(7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy.

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JOURNAL OF THE HOUSE

(8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office.

(d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law.

(e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.
36-74-6.

(a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings.

(b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.

(c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.

(d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.

MONDAY, MARCH 6, 2000

1835

36-74-7.

(a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties.
(b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body.

(c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this chapter. The findings and conclusions shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, or two members of a three-member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.
36-74-8.

Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case;

(2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas;
(3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance;

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JOURNAL OF THE HOUSE

(4) Take testimony under oath; and
(5) Issue orders having the force of law to command whatever steps are necessary to hring a violation into compliance.
36-74-9.

(a) An enforcement board, upon notification hy the code inspector that an order of the enforcement board has not been complied with by the set time may order the violator to pay an administrative fine in an amount specified in this Code section.
(b)(l) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1000.00 per day.
(2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00.
(3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
(A) The gravity of the violation;
(B) Any actions taken by the violator to correct the violation; and
(C) Any previous violations committed by the violator.
(4) An enforcement board may reduce a fine imposed pursuant to this Code section.
(c) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.
(d) If the violator objects to the fine imposed and submits to the jurisdiction of the criminal court with jurisdiction over the violator, the case shall be transferred to the criminal court and handled as a criminal charge.
36-74-10.
No lien imposed under this chapter shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

MONDAY, MARCH 6, 2000

1837

36-74-11.
An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court. Such an appeal shall be a hearing de novo. An appeal shall be filed within 30 days of the execution of the order to be appealed.
36-74-12.
(a) All notices required by this chapter shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice.
(b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:
(1) Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriff's advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper;
(2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or
(3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a) of this Code section. Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in subsection (b) of this Code section, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.
36-74-13.
It is the intent of this chapter to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this chapter shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
Y 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 Hamraontree Y Banner Y Harbin E Harrell Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland 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 Y Lucas
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Morris Y Mosley Y Mueller Y CXNeal Y Orrock Y Parham Y Fairish Y Parsons

Y Pelote Y Pinholster Y Poag
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 Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
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
Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1540. By Representative Martin of the 47th: A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury in general, so as to provide for interest on the late payments for alimony and in divorce cases in which the award includes a specified amount to be paid in installments.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, MARCH 6, 2000

1839

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien
Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges
Brooks Y Brown Y Buck Y Buckner
Y Bulloch N Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark
Coan Y Coleman, B
Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
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 Banner Y Harbin E Harrell
Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley 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 Miliar Y Mills Y Mobley
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 Y Randall
Y Hay Reaves
Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Roberts Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R 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 Tfeper 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 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 1373. By Representative Irvin of the 45th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to powers of municipal corporations, so as to provide for uniformity of water use restrictions during droughts.
The following amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1373 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide for uniformity of water use".
By striking lines 8 through 19 of page 1 and inserting in lieu thereof the following:

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"Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by adding at the end thereof a new Code section to read as follows:
'36-80-19.

Any county, municipality, or authority which has a water system which provides such system services outside the boundaries or area of operation of that county, municipality, or authority and which imposes restrictions upon such water use during periods of drought shall impose the same restrictions upon such use within those boundaries or area of operation as are imposed upon such use outside those boundaries or area of
operation.'"

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 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 Dean
Y DeLoach, B DeLoach, G
Y Dix Y Dixon Y Dodson
Dukes Ehrhart Epps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller Y OTSIeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reaves Y Reece Y Heed Y Reese Y Reichert Y Rice Y Richardson
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar 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
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

MONDAY, MARCH 6, 2000

1841

HB 1553. By Representatives Skipper of the 137th, Benefield of the 96th, Murphy of the 18th, Walker of the 141st and Coleman of the 142nd:
A bill to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to provide for allocation of transportation funds.

The following Committee substitute was read and adopted: A BILL

To amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to change certain provisions relating to allocation of transportation funds; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, is amended by striking Article 3, relating to allocation of transportation funds, and inserting in lieu thereof the following:

32-5-30.

"ARTICLE 3

(a) Each state wide transportation improvement program ahall include an allocation of state and federal funda which provides that the 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, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted or programmed by the department over the effective three year each five-year period of aueh program commencing July 1, 1999, and quinquenially thereafter such that WQ at the end of such period funding obligations equivalent to at least 90 percent of such total for such period shall be have been divided equally for auoh pc ried among the congressional districts in this state for public road and other public transportation purposes in such districts, with the remainder of such total divided among congressional districts such that no congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other congressional district pursuant to this subsection for such period.

(b)fD 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 eaac of a reduction in allocation of funds for any eongrcaaional district pursu ant to paragraph (1) of thia aubaoction, the amount of funds made available by auch reduction shall bo divided equally among all other congrcaaional districts in this atatc for allocation to such districts in addition to the allocation made to aueh other districts pursuant to subsection (a) of this Code section.

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(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 funding obligations among congressional districts pursuant to Code Section 32-5-30 for the fiscal year ending June 30 of that same calendar year. Such report shall include without limitation the annual funding obligations and the projected expenditures of funds for the five-year period and any and all documents or information indicating how the department intends to allocate the applicable state and federal funds among congressional districts as required by Code Section 32-5-30 or a detailed explanation of why the department is unable to allocate such funds as required."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderson
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 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 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 YKaye 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 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
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 E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

MONDAY, MARCH 6, 2000

1843

On the passage of the Bill, by substitute, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1412. By Representative Richardson of the 26th: A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to require the Department of Corrections to notify the sentencing judge, sheriff, and victims when an inmate is released.
The following Committee substitute was read: A BILL
To amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to require the Department of Corrections to notify the presiding judge and victims when an inmate is released; to change the means of notifying district attorneys and local law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, is amended by striking Code Section 42-5-9, relating to notification of district attorney and local law enforcement agencies of projected release date of an inmate, and inserting in lieu thereof a new Code section to read as follows:
"42-5-9.
At least 15 days prior to the projected release date of any inmate scheduled to be released pursuant to the authority of the department, the department shall notify the following persons of such projected release date by the following methods:
(1) Each each district attorney and all local law enforcement agencies throughout the state shall be notified of the projected release date by the department. The noti fication required by thia Code section shall be accompliahcd by publishing the ncccsaory information in the Georgia Criminal Activity Bulletin published and diaacmi natcd by the Georgia Bureau of Investigation by making the necessary information available on a publicly accessible Web site; and
(2) The presiding judge and the victims of crimes against the person by first class mail. Notice to the victim shall only be required when the victim has provided the department with his or her current address."
SECTION 2.
This Act shall become effective on January 1, 2001.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Walker of the 141st and Richardson of the 26th move to amend the Committee substitute to HB 1412 as follows:
By adding after the word "address" on line 5, page 2, the following:
"The notice to the victim or victims as required hy the department herein shall be 'reasonable' notice and no liability or sanctions to the department shall lie if said attempt at notice is of a 'reasonable' effort."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Anderson
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
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 Y Felton Y Floyd Y Franklin
Golick
Y Graves Y Greene Y Grindley Y Hammontree
Y Hanner Y Harbin E Harrell
Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Houston Y Howard
Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B
Y Jackson, L 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
Morris
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham
Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Reaves
Y Reece Y Reed Y Reese Y Reichert
Y Rice Y Richardson
Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scarlett E Scheid
Y Scott Y Shanahan
Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre
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 Tfeper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Untennan
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

MONDAY, MARCH 6, 2000

1845

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Byrd of the 170th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1308. By Representatives Ashe of the 46th, Stuckey of the 67th, Murphy of the 18th, Jamieson of the 22nd, Irvin of the 45th and others:
A bill to enact the "Equity in Sports Act"; to provide for a short title; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit discrimination based on gender in elementary and secondary school athletic programs.

The following Committee substitute was read and withdrawn:
A BILL
To enact the "Equity in Sports Act"; to provide for a short title; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit discrimination based on gender in elementary and secondary school athletic programs; to provide for the operation or sponsorship of separate athletic teams for members of each gender under certain circumstances; to require local school systems to provide equal athletic opportunity for members of both genders; to provide for the offering of athletic activities or sports for which athletic scholarships are available, under certain circumstances; to require local school systems to designate an employee or employees to coordinate compliance and to adopt and publish grievance procedures, including procedures regarding written decisions and appeals; to provide for the withholding of state Quality Basic Education Program funds from local school systems for noncompliance; to provide for the preparation of reports by the Department of Education regarding compliance of local school systems; to provide that no high school which receives funds under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events which are conducted under the authority of any athletic association unless the charter, bylaws, or governing documents of such athletic association comply with certain requirements relating to gender equity in interscholastic events in which public high schools participate, open records and open meetings with respect to the association's public school activities, and reporting to the General Assembly; 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 "Equity in Sports Act."

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SECTION 2.
Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," is amended by adding at the end thereof new Code Sections 20-2-314 and 20-2-315, to read as follows:
"20-2-314.

(a) No student shall, on the basis of gender, be excluded from participation in, be denied the benefits of, be treated differently from another student, or otherwise be discriminated against in any interscholastic or intramural athletics offered by a local school system, and no local school system shall provide any such athletics separately on such basis.
(b) Notwithstanding the requirements of subsection (a) of this Code section, a local school system may operate or sponsor separate teams for members of each gender where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a local school system operates or sponsors a team in a particular sport for members of one gender but operates or sponsors no such team for members of the other gender, and athletic opportunities for members of that gender have previously been limited, members of the excluded gender must be allowed to try out for the team offered unless the sport involved is a contact sport. Nothing in this subsection shall be construed to limit the authority of a local school system to operate or sponsor a single team for a contact sport that includes members of both genders. As used in this subsection, the term 'contact sport' includes boxing, wrestling, rugby, ice hockey, football, basketball and any other sport the purpose or major activity of which involves bodily contact.
(c) A local school system which operates or sponsors interscholastic or intramural athletics shall provide equal athletic opportunity for members of both genders. In determining whether equal opportunities are available the following factors shall be considered:
(1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both genders;
(2) The provision of equipment and supplies;
(3) Scheduling of games and practice time;
(4) Travel allowance;
(5) Opportunity to receive coaching and academic tutoring;
(6) Assignment and compensation of coaches and tutors;
(7) Provision of locker rooms and practice and competitive facilities;
(8) Provision of medical and training facilities and services; and
(9) Publicity.

MONDAY, MARCH 6, 2000

1847

Unequal aggregate expenditures for members of each gender or unequal expenditures for male and female teams if a local school system operates or sponsors separate teams will not constitute noncompliance with this subsection, but the failure to provide necessary funds for teams for one gender may be considered in assessing equality of opportunity for members of each gender.
(d) A school system may provide separate toilet, locker room, and shower facilities on the basis of gender, but such facilities shall be comparable to such facilities provided for students of the other gender.
(e) This Code section does not prohibit the grouping of students in physical education classes by gender.
(f)(l) Subject to the provisions of paragraph (3) of this subsection, if a local school system sponsors an athletic activity or sport that is similar to a sport for which an institution in the University System of Georgia offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered. This paragraph does not affect academic requirements for participation nor prevent the local school system from sponsoring activities in addition to those for which scholarships are provided.
(2) Two athletic activities or sports that are similar may be offered simultaneously.
(3) If a local school system demonstrates by a bona fide student survey, which is approved by the Department of Education for compliance with generally accepted opinion survey principles regarding neutral wording and other matters, that there is insufficient interest to field a team described in paragraph (1) of this subsection, then the local school system shall not be required to sponsor such athletic activity or sport. A local school system shall conduct such a student survey regarding interest in a team described in paragraph (1) of this subsection, at any time, upon the request of nine students. The exemption provided for by this paragraph shall be valid for two years following the date when the most recent bona fide student survey demonstrating a lack of student interest was completed, unless a new bona fide student survey is conducted within the two-year period that demonstrates sufficient interest to field a team.
(4) Nothing in this subsection shall be construed to preclude the application of generally applicable policies or rules regarding the cancellation of an athletic activity or sport due to lack of student participation in scheduled practices or contests.
(g) Each local school system shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this Code section, including the investigation of any complaint communicated to such local school system alleging its noncompliance with this Code section or alleging any actions which would be prohibited by this Code section. The local school system annually shall notify all its students and employees of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection.
(h) Each local school system shall adopt and publish grievance procedures providing for prompt and equitable resolution of written student and employee complaints, including complaints brought by a parent or guardian on behalf of his or her minor child who is a student, alleging any action which would be prohibited by this Code section. Such procedures shall require that:
(1) The employee designated under subsection (g) of this Code section shall render his or her decision in writing no later than 30 days after receipt of the complaint, and such decision shall set forth the essential facts and rationale for the decision;

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(2) A copy of such decision shall be provided to the complainant within five days of the date of the decision; and
(3) A complainant shall have a right to appeal such decision to the local board within 35 days of the date of the decision.
The provisions of Code Section 20-2-1160 shall apply to complaints filed under this Code section.
(i) No later than October 1, 2003, and every year thereafter, the Department of Education shall submit a report to the General Assembly regarding the compliance of local school systems with the requirements of this Code section. Such report shall include information regarding expenditures and participation rates for each gender and such other information as the state board and department deem relevant. Each report shall cover the time period beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. The initial report due on October 1, 2003, shall cover the time periods ending June 30, 2001, June 30, 2002, and June 30, 2003.
(j) The State Board of Education may withhold all or any part of the state contributed Quality Basic Education Program funds that are allotted to a local school system which fails to comply with this Code section, as provided in Code Section 20-2-243. In exercising its authority to withhold state funds under Code Section 20-2-243, the state board may order that a team or teams within a particular local school system or school shall not participate in interscholastic postseason athletic contests and that participation in violation of such an order will result in withholding of state funds. An order of the State Board of Education barring participation in interscholastic postseason athletic contests shall be made and announced before the beginning of a school year. Any school or school system which is subject to such an order may present to the state board a remedial plan for effecting compliance with this Code section. The state board may restore eligibility to compete in interscholastic postseason athletic contests no later than 30 days before such contests begin in any particular sport if the state board determines that such remedial plan adequately plans and provides for future compliance with this Code section.
20-2-315.
(a) As used in this Code section, the term 'athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate.
(b) No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the charter, bylaws, or other governing documents of such athletic association comply with this Code section. In order to comply with this Code section, such charter, bylaws, or other governing documents shall provide that:
(1) The athletic association shall comply with the requirements of subsections (a) through (f) of Code Section 20-2-314, as those requirements relate to the athletic association's functions of organizing, sanctioning, scheduling, or rule making for events in which public high schools participate;

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(2) The athletic association shall comply with the requirements of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, and Chapter 14 of Title 50, relating to open and public meetings, to the extent that such records and meetings relate to the athletic association's activities with respect to public high schools; provided, however, that such athletic association shall not be required to comply with such statutes or to conduct open and public meetings or provide inspection of records where the sole subject of such meeting or record pertains to the academic records or performance of an individual student or the eligibility of an individual student to participate or to continue to participate in sponsored events or contests based on academics; provided, further, however, that where a meeting or record of such association is devoted in part to matters excepted in the preceding proviso, any portion of the meeting or record not subject to such exception shall be open to the public; and

(3) The athletic association shall, no later than October 1, 2003, and every year thereafter, submit a report to the General Assembly regarding its compliance with paragraph (1) of this subsection. Such report shall address the number, type, and disposition of written requests for the association to organize and administer regional or state events for additional or different sports; written requests for information regarding the types of athletic events for public high school students that the association organizes and administers; and written inquiries and complaints received by the association with respect to gender discrimination in connection with public high school events. The report shall address all such written requests, inquiries, and complaints, regardless of whether such request, inquiry, or complaint is made by letter, e-mail, memorandum, or any other form of written communication. Each report shall cover the time period beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. The initial report due on October 1, 2003, shall cover the time periods ending June 30, 2001, June 30, 2002, and June 30, 2003. In addition, the athletic association shall have in effect a policy requiring notification to persons who make such requests, inquiries, or complaints verbally that such request, inquiry, or complaint will not be included in the association's reporting to the General Assembly regarding compliance with this Code section unless such request, inquiry, or complaint is made in writing."

SECTION 3. This Act shall become effective on July 1, 2000.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Ashe of the 46th et al., was read:
A BILL
To enact the "Equity in Sports Act"; to provide for a short title; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit discrimination based on gender in elementary and secondary school athletic programs; to provide for the operation or sponsorship of separate athletic teams for members of each gender under certain circumstances; to require local school systems to provide equal athletic opportunity for members of both genders; to provide for the offering of athletic activities or sports for which athletic scholarships are available, under certain circumstances; to require local school systems to designate an employee or employees to

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coordinate compliance and to adopt and publish grievance procedures, including procedures regarding written decisions and appeals; to provide for actions that may be taken by the State Board of Education upon determining that a local school system has failed to comply with this Act; to provide for the preparation of reports by the Department of Education regarding compliance of local school systems; to provide that no high school which receives funds under the "Quality Basic Education Act" shall participate in or sponsor interscholastic sports events which are conducted under the authority of any athletic association unless the charter, bylaws, or governing documents of such athletic association comply with certain requirements relating to gender equity in interscholastic events in which public high schools participate, open records and open meetings with respect to the association's public school activities, and reporting to the General Assembly; to amend Code Section 50-8-8 of the Official Code of Georgia Annotated, relating to grants and other disbursements of funds by the Department of Community Affairs, so as to provide that the Department of Community Affairs shall not make certain grants to certain local school systems for the construction or operation of athletic facilities; 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 "Equity in Sports Act."
SECTION 2.
Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," is amended by adding at the end thereof new Code Sections 20-2-314 and 20-2-315, to read as follows:
"20-2-314.

(a) No student shall, on the basis of gender, be excluded from participation in, be denied the benefits of, be treated differently from another student, or otherwise be discriminated against in any interscholastic or intramural athletics offered by a local school system, and no local school system shall provide any such athletics separately on such basis.
(b) Notwithstanding the requirements of subsection (a) of this Code section, a local school system may operate or sponsor separate teams for members of each gender where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a local school system operates or sponsors a team in a particular sport for members of one gender but operates or sponsors no such team for members of the other gender, and athletic opportunities for members of that gender in that particular sport have previously been limited, members of the excluded gender must be allowed to try out for the team offered unless the sport involved is a contact sport. Nothing in this subsection shall be construed to limit the authority of a local school system to operate or sponsor a single team for a contact sport that includes members of both genders. As used in this subsection, the term 'contact sport' includes boxing, wrestling, rugby, ice hockey, football, basketball and any other sport the purpose or major activity of which involves bodily contact.
(c) A local school system which operates or sponsors interscholastic or intramural athletics shall undertake all reasonable efforts to provide equal athletic opportunity for members of both genders. In determining whether equal opportunities are available the following factors shall be considered:

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(1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both genders;
(2) The provision of equipment and supplies;
(3) Scheduling of games and practice time;
(4) Travel allowance;
(5) Opportunity to receive coaching and academic tutoring;
(6) Assignment and compensation of coaches and tutors;
(7) Provision of locker rooms and practice and competitive facilities;
(8) Provision of medical and training facilities and services; and
(9) Publicity.
Unequal aggregate expenditures for members of each gender or unequal expenditures for male and female teams if a local school system operates or sponsors separate teams will not constitute noncompliance with this subsection, but the failure to provide essential funds for the basic operations of teams for one gender may be considered in assessing equality of opportunity for members of each gender. Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local school system to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements of this Code section.
(d) A local school system may provide separate toilet, locker room, and shower facilities on the basis of gender, but such facilities shall be comparable to such facilities provided for students of the other gender.
(e) This Code section does not prohibit the grouping of students in physical education classes by gender.
(f)(l) Subject to the provisions of paragraph (3) of this subsection, if a local school system sponsors an athletic activity or sport at a particular school that is similar to a sport for which an institution in the University System of Georgia offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered at that school. This paragraph does not affect academic requirements for participation nor prevent the local school system from sponsoring activities in addition to those for which scholarships are provided.
(2) Two athletic activities or sports that are similar may be offered simultaneously.
(3) If a local school system demonstrates by a bona fide survey of eligible students at the school, which is approved by the Department of Education for compliance with generally accepted opinion survey principles regarding neutral wording and other matters, that there is insufficient interest among students at the school to field a team described in paragraph (1) of this subsection, then the local school system shall not be required to sponsor such athletic activity or sport at that school. The exemption provided for by this paragraph shall be valid for 24 months following the date when the most recent bona fide student survey demonstrating a lack of student interest was completed, unless a new bona fide student survey is conducted within the 24 month period that demonstrates sufficient interest to field a team. If such a new bona fide student survey demonstrates such sufficient interest, then the

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local school system must comply with paragraph (1) of this subsection during the local school system's next fiscal year and until such time as a new bona fide student survey demonstrates insufficient interest to field a team described in paragraph (1) of this subsection. A local school system shall conduct the bona fide student survey described in this paragraph regarding interest in a team described in paragraph (1) of this subsection upon the request of nine students at the school, but no more frequently than once every 12 months.
(4) Nothing in this subsection shall be construed to preclude the application of generally applicable policies or rules regarding the cancellation of an athletic activity or sport due to lack of student participation in scheduled practices or contests.
(g) Each local school system shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this Code section, including the investigation of any complaint communicated to such local school system alleging its noncompliance with this Code section. The employee designated under this subsection may be the same person required to be designated under 34 C.F.R. Section 106.8. The local school system annually shall notify all its students of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection. Such notification may be included in a student handbook distributed pursuant to Code Section 20-2-736.
(h) Each local school system shall adopt and publish grievance procedures providing for prompt and equitable resolution of written student complaints, including complaints brought by a parent or guardian on behalf of his or her minor child who is a student, alleging any action which would be a violation of this Code section. Such procedures shall require that:
(1) The employee designated under subsection (g) of this Code section shall render his or her decision in writing no later than 30 days after receipt of the complaint, and such decision shall set forth the essential facts and rationale for the decision;
(2) A copy of such decision shall be provided to the complainant within five days of the date of the decision; and
(3) A complainant shall have a right to appeal such decision to the local board within 35 days of the date of the decision.
(1)(l) A complainant may appeal a decision of a local board that is rendered under subsection (h) of this Code section in accordance with the procedures specified in Code Section 20-2-1160. If the State Board of Education determines that a local school system has failed to comply with this Code section, then the state board shall provide the local school system with opportunities to prepare a corrective plan. If the state board determines that a corrective plan of the local school system adequately plans and provides for future compliance with this Code section, then the state board shall approve the plan and direct the local school system to implement such plan.
(2) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order directing implementation of a corrective plan pursuant to paragraph (1) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement the corrective plan approved in the earlier proceeding and of any other corrective plan that may be submitted by the local school system, transmit a certification of such determination to the Department of Community Affairs. If the state

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board's determination of noncompliance is later reversed or vacated upon appeal, the state board shall immediately notify the Department of Community Affairs of such action.
(3) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board certification to the Department of Community Affairs pursuant to paragraph (2) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, order that a team or teams within the local school system or school within the local school system shall not participate in interscholastic postseason athletic contests and that participation in violation of such an order may result in withholding of state funds allotted pursuant to Code Section 20-2-186. An order of the state board barring participation in interscholastic postseason athletic contests shall be made and announced before the beginning of a school year.
(4) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order prohibiting participation in interscholastic postseason athletic contents pursuant to paragraph (3) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, withhold state funds that are allotted pursuant to Code Section 20-2-186 in an amount that the state board determines is sufficient to secure the local school system's compliance with this Code section. In the event that state funds are withheld pursuant to this paragraph, such funds shall later be allotted to the local school system at such time as the state board determines that the local school system is in compliance with this Code section.
(j) No later than October 1, 2003, and every year thereafter, the Department of Education shall submit a report to the General Assembly regarding the compliance of local school systems with the requirements of this Code section. Such report shall include information regarding expenditures and participation rates for each gender and such other information as the state board and department deem relevant. Each report shall cover the time period beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. The initial report due on October 1, 2003, shall cover the time periods of July 1, 2000, through June 30, 2001; July 1, 2001, through June 30, 2002; and July 1, 2002, through June 30, 2003.
20-2-315.
(a) As used in this Code section, the term 'athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate.
(b) No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the charter, bylaws, or other governing documents of such athletic association comply with this Code section. In order to comply with this Code section, such charter, bylaws, or other governing documents shall provide that:

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(1) The athletic association shall comply with the requirements of subsections (a) through (f) of Code Section 20-2-314, as those requirements relate to the athletic association's functions of organizing, sanctioning, scheduling, or rule making for events in which public high schools participate;
(2) The athletic association shall comply with the requirements of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, and Chapter 14 of Title 50, relating to open and public meetings, to the extent that such records and meetings relate to the athletic association's activities with respect to public high schools; provided, however, that such athletic association shall not be required to comply with such statutes or to conduct open and public meetings or provide inspection of records where the sole subject of such meeting or record pertains to the academic records or performance of an individual student or the eligibility of an individual student to participate or to continue to participate in sponsored events or contests based on academics; provided, further, however, that where a meeting or record of such association is devoted in part to matters excepted in the preceding proviso, any portion of the meeting or record not subject to such exception shall be open to the public; and
(3) The athletic association shall, no later than October 1, 2003, and every year thereafter, submit a report to the General Assembly regarding its compliance with paragraph (1) of this subsection. Such report shall address the number, type, and disposition of written requests for the association to organize and administer regional or state events for additional or different sports; written requests for information regarding the types of athletic events for public high school students that the association organizes and administers; and written inquiries and complaints received by the association with respect to gender discrimination in connection with public high school events. The report shall address all such written requests, inquiries, and complaints, regardless of whether such request, inquiry, or complaint is made by letter, e-mail, memorandum, or any other form of written communication. Each report shall cover the time period beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. The initial report due on October 1, 2003, shall cover the time periods of July 1, 2000, through June 30, 2001; July 1, 2001, through June 30, 2002; and July 1, 2002, through June 30, 2003. In addition, the athletic association shall have in effect a policy requiring notification to persons who make such requests, inquiries, or complaints verbally that such request, inquiry, or complaint will not be included in the association's reporting to the General Assembly regarding compliance with this Code section unless such request, inquiry, or complaint is made in writing."
SECTION 3.
Code Section 50-8-8 of the Official Code of Georgia Annotated, relating to grants and other disbursements of funds by the Department of Community Affairs, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient, and purpose in an appropriation to the department; provided, however, that the department shall not make such a grant to any county or independent board of education for the construction or operation of athletic facilities during the fiscal year following the receipt by the department of certification by the State Board of Education that the county or independent board of education is not in compliance with the requirements of Code Section 20-2-314. The department shall also

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grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients or qualified local governments from appropriations made to the department generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department:

(1) Shall disburse such grants on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; coordinated and comprehensive planning in accordance with minimum standards and procedures; and any other similar criteria that may from time to time be established by the department; and

(2) May condition the award of any such grants to a county or municipality upon the county or municipality, as the case may be, being a qualified local government."

SECTION 4.

This Act shall become effective on July 1, 2000.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:
Representative Walker of the 87th moves to amend the Floor substitute to HB 1308 by striking the words "local school systems" on line 13 of page 1 and inserting in lieu thereof the words "the Department of Education".
By adding before the word "local" on line 21 of page 1 the word "certain".
By striking lines 3 through 16 of page 5 and inserting in lieu thereof the following:
"(g) The Department of Education shall designate at least one employee to investigate complaints alleging that a local school system has failed to comply with this Code section or alleging any action by a local school system that is prohibited by this Code section.".
By striking the words "Each local school system" on line 17 of page 5 and inserting in lieu thereof the words "The Department of Education".
By striking line 25 of page 5 and inserting in lieu thereof the following:
"Code section shall notify the local school system of the complaint within five days after receipt of the complaint and shall render his or her decision in writing".
By adding after the word "complainant" on line 30 of page 5 the words "and the local school system".
By striking lines 32 and 33 of page 5 and inserting in lieu thereof the following:

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"(3) The complainant and the local school system shall have the right to appeal such decision to the State Board of Education within 35 days of the date".
By adding between lines 34 and 35 of page 5 the following:
"The State Board of Education shall hold an evidentiary hearing regarding the complaint upon the request of the complainant or the local school system. The provisions of subsections (c) and (d) of Code Section 20-2-1160 shall apply to complaints filed under this Code section.".
By striking lines 35 through 38 of page 5 and inserting in its place the following:
"(i)(l) If, upon a complaint filed pursuant to subsection (h) of this Code section, the State Board of Education".
By striking lines 20 through 33 of page 7 and inserting in lieu thereof the following:
"(j) No later than October 1, 2000, and every year thereafter, the Department of Education shall submit a report to the General Assembly regarding the compliance with the requirements of this Code section of any local school system which the State Board of Education has found, pursuant to subsection (i) of this Code section, has failed to comply with the requirements of this Code section or has taken any action that is prohibited by this Code section. Such report shall contain information regarding expenditure and participation rates for each gender and such other information that the state board and department deem relevant. Each report shall cover the time period beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. Information regarding a local school system shall be included in the report for the year in which the state board found that the local school system failed to comply with this Code section or took an action prohibited by this Code section and in the reports for the next two succeeding years.".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey Y Bannister Y 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 Y Cash N Channell N Childers Y Clark Y Coan

Y Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T N Day N Dean Y DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes N Ehrhart N Epps
Evans N Everett N Felton N Floyd N Franklin N Golick N Graves N Greene Y Grindley

N Hammontree N Hanner Y Harbin E 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 N Joyce N Kaye
Lane

Y Lewis N Lord N Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley
Morris N Mosley N Mueller N O^eal N Orrock N Parham N Parrish N Parsons N Pelote N Pinholster N Poag N Ponder

Porter N Powell N Purcell N Ragas N Randall
Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice N Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett E Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper

Y Smith, B N Smith, C Y Smith, C.W N Smith, L N Smith, L.R N Smith, P N Smith, T Y Smith, V

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N Smyre Y Sneffing 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 Y Unterman
Walker, L Y Walker, R.L N Watson N West

1857
Y Westmoreland Whitaker
N Wiles Y Williams, J Y Williams, R N Wix
Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 36, nays 133. The amendment was lost.

The Floor substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers N Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins
Y Jennings Y Jones N 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 Cmeal 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 E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague
Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
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 163, nays 2.

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The Bill, having received the requisite constitutional majority, was passed, by subsittiittunttfei.

Due to a mechanical malfunction, the vote of Representative Jamieson of the 22nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Brown of the 130th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 1308 was ordered immediately transmitted to the Senate.
HB 1534. By Representatives Coleman of the 142nd, Benefield of the 96th and Shaw of the 176th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions governing law enforcement officers and agencies, so as to provide that all members of a law enforcement department shall wear identifiable and similar uniforms; to provide that law enforcement officers must use blue lights on top of their vehicles when pursuing a suspect.

The following Committee substitute was read: A BILL
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions governing law enforcement officers and agencies, so as to provide that all members of a law enforcement department shall wear identifiable and similar uniforms; to provide that law enforcement officers must use blue lights on top of their vehicles when engaged in traffic law enforcement and traffic safety duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions governing law enforcement officers and agencies, is amended by adding at the end thereof two new Code sections to read as follows:
"35-1-13.
When assigned to general duty, a law enforcement officer shall wear the same type of uniform as the other members of his or her department.
35-1-14.
When a law enforcement officer is engaged in traffic law enforcement and traffic safety duties on the roads or highways of this state, such officer must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mounted blue lights."

MONDAY, MARCH 6, 2000

1859

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Richardson of the 26th moves to amend the Committee substitute to HB 1534 as follows:
On page 1, line 19 after the word "of insert:
"the assigned division of

Representative Williams of the 83rd moves to amend the Committee substitute to HB 1534 as follows:
Insert after line, 26
"This shall not apply to any officer responding to an immediate threat to public safety as a result of an accident or emergency."

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 YByrd 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 Banner

Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas

Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley Morris Y Mosley Y Mueller Y O-Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster YPoag Y Ponder 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 E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R

1860
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Sneffing Y Snow Y Squires

JOURNAL OP THE HOUSE

Y Stallings Y Stand! 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 Twigga Y Unterman
Walker, L Y Walker, E.L Y Watson Y West
Y Westmoreland

Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HE 1352. By Representatives Jackson of the 148th, Jones of the 71st, Williams of the 114th, Childers of the 13th, Henson of the 65th and others: A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, so as to provide for special licensing of certain retired and other health care practitioners; to provide for a short title and definitions; to provide for conditions and limitations.
The following amendment was read and withdrawn:
The Committee on Health and Ecology moves to amend HB 1352 by striking "dentist," on line 24 of page 1.
By striking "dentistry," on line 27 of page 1.
By adding "therapeutic" immediately preceding "optometrist" on line 24 of page 1.
By adding "therapeutic" immediately preceding "optometry" on line 27 of page 1.
By striking lines 33 through 36 of page 2 and inserting in their place the following:
"(f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section; provided, however, that any optometrist practicing under the provisions of this Code section shall be therapeutically licensed."
The following substitute, offered by Representative Jackson of the 148th, was read and adopted:
A BILL
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, so as to provide for special licensing of certain retired and other health care practitioners; to provide for a short title and definitions; 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 repeal conflicting laws; and for other purposes.

MONDAY, MARCH 6, 2000

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 43 of the Official Code of Georgia Annotated, is amended by adding at the end a new Code section to read as follows:
"43-1-28.

(a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Health Care Specialities Act.'
(b) As used in this Code section, the term:
(1) 'Health care board' means that state examining board which licenses a health care practitioner under this title.
(2) 'Health care practitioner' means a chiropractor, registered professional nurse, or podiatrist.
(3) 'Health care specialty' means the practice of chiropractic, nursing, or podiatry.
(c) Notwithstanding any other provision of law, each health care board may issue a special license to qualifying health care practitioners whose health care specialty is licensed by that board 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 the applicable health care specialty in any health care specialty licensing jurisdiction in the United States and whose license is in good standing; or
(2) Is retired from the practice of the health care specialty 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 the applicable health care specialty licensing jurisdiction in the United States.
(d) The special licensee shall be permitted to practice the health care specialty only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide health care specialty services only to indigent patients in areas which are underserved by that specialty or critical need population areas of the state, as determined by the board which licenses that specialty.
(e) The person applying for the special license under this Code section shall submit to the appropriate health care board a copy of his or her health care specialty degree, a copy of his or her health care specialty 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 that board, whereby he or she agrees unequivocally not to receive compensation for any health care specialty services he or she may render while in possession of the special license.
(f) Examinations by the health care board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license under this Code section.

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JOURNAL OF THE HOUSE

(g) If, at the time application is made for the special license, the health care practitioner is not in compliance with the continuing education requirements established by the health care board for the applicable health care specialty, the health care practitioner shall be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license.
(h) The liability of persons practicing a health care specialty 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, except that a podiatrist engaged in such practice and an employer thereof shall have the same immunity from liability as provided other health care practitioners under Code Section 51-1-29.1.
(i) This Code section, being in derogation of the common law, shall be strictly construed."
SECTION 2.
This Act shall be automatically repealed July 1, 2003, upon which date any special license issued pursuant to this Act shall also expire.
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 Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T 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
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin E Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce YKaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J Y Martin, J.L Y Massey Y McBee
McCall Y McClinton
McKinney Y Millar Y Mills

Y Mobley Morris
Y Mosley Y Mueller
OTsTeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves Y Heece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid

Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C
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 Y Teague Y Teper Y Tillman Y Tolbert N Trense

Y Turnquest Y Twiggs
Untennan

MONDAY, MARCH 6, 2000

Walker, L Y Walker, R.L Y Watson

Y West Y Westmoreland
Whitaker

Y Wiles Y Williams, J Y Williams, R

1863
Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, by substitute, the ayes were 161, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
Representative Trense of the 44th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 1354. By Representative Crawford of the 129th: A bill to amend Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, so as to provide for optional submission to a special master; to provide for the use of conventional quia timet to remove clouds on title caused by equities of redemption following tax sales.
The following substitute, offered by Representatives Crawford of the 129th and Dean of the 48th, was read:
A BILL
To amend Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, so as to provide for optional submission to a special master; to provide for the use of conventional quia timet to remove clouds on title caused by equities of redemption following tax sales; to amend Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, so as to provide for an alternative method of describing real property being sold for taxes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, is amended by adding at the end thereof new Code Sections 23-3-43 and 23-3-44 to read as follows:
"23-3-43.
At the option of the complainant as prayed for in the complaint, the court, upon receipt of the complaint, shall submit the same to a special master as provided for in Code Sections 23-3-63 through 23-3-68, except that as in other equity cases there shall be no right to a jury trial.

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JOURNAL OF THE HOUSE

23-3-44.

Proceedings quia timet may be used to remove clouds on title caused by equities of redemption following tax sales."

SECTION 2.
Article 1 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to sales under tax executions, is amended by adding at the end of Code Section 48-4-1, relating to procedures for sales under tax levies and executions, a new subsection (c) to read as follows:

"(c) In advertisements for sales under tax executions, the property being sold may alternatively be described by tax parcel identification number and current street address, if any, together with a reference to the recording information for any deed conveying title to such property, without the necessity of using a full and complete description of the property."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Dean of the 48th and Crawford of the 129th move to amend the Floor substitute to HB 1354 as follows:
By adding after the word "sales" on line 28, page 1, the following:
"Provided, however, that the length of time for redemption shall remain as provided by law and nothing herein shall pre-clude the necessity of giving all parties at interest notice of this proceeding."

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes
Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Y Bridges N Brooks Y Brown

Y Buck Y Buckner Y Bulloch
Y Bunn Y Burkhalter Y Byrd Y Callaway
Y Campbell Y Cash Y Channell Y Childers Y Clark
Y Coan Y Coleman, B Y Coleman, T

Y Connell Y Cooper Y Cox
Crawford N Cummings Y Davis, M Y Davis, T
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 E Harrell

Y Heard Y 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
Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton

MONDAY, MARCH 6, 2000

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
Porter Y Powell Y Purcell Y Ragas Y Randall

Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reiehert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims

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 Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stencil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey

1865
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 Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spin-

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 3.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 1464. By Representatives Jamieson of the 22nd and McCall of the 90th: A bill to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to specify conditions under which such districts shall not be liable for certain loss, damage, injury, or death.

The report of the Committee, which was favorable to the 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
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 N Grindley Y Hammontree Y Hanner Y Harbin E Kartell 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
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 Y Randall Y Ray Y Reaves Y Reece

1866
Y Reed Y Reese Y Rekhert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett E Scheid

JOURNAL OF THE HOUSE

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 Y Trense
Y Turnquest Y Twiggs Y Unterman

Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles Y Williams, J Y Williams, R
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 Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 307. By Senators Hecht of the 34th, Starr of the 44th, Kemp of the 3rd and others: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate mercantile establishments within 72 hours is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties.
By unanimous consent, SB 307 was postponed until Tuesday, March 7, 2000.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 1232. By Representatives Teague of the 58th, Dean of the 48th, Brooks of the 54th, Taylor of the 134th, James of the 140th and Murphy of the 18th: A resolution honoring Grace Davis and inviting her to appear before the House of Representatives.
The following Resolutions of the House and Senate, favorably reported by the Committee on Rules, were read and adopted:
HR 1203. By Representative Birdsong of the 123rd: A resolution commending Chuck and Rose Lane Leavell and inviting them to appear before the House of Representatives.
SR 172. By Senator Polak of the 42nd: A resolution declaring March 2, 1999, as the "Governor's Council on Developmental Disabilities Day" at the Capitol and urging members of the General Assembly and state agency personnel to recognize the outstanding ef-

MONDAY, MARCH 6, 2000

1867

forts and support the Governor's Council on Developmental Disabilities provides to individuals with disabilities, their families, and the greater community at large, to enhance the quality of life for people with developmental disabilities.

Representative Parrish of the 144th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1257 Do Pass, by Substitute
Respectfully submitted, /s/ Parrish of the 144th
Chairman

Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1397 Do Pass HB 1414 Do Pass, by Substitute

HB 1579 Do Pass, by Substitute SB 390 Do Pass, by Substitute

Respectfully submitted, /s/ Martin of the 47th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1562 Do Pass
Respectfully submitted, Hanner of the 159th Chairman

1868

JOURNAL OF THE HOUSE

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1589 Do Pass, by Substitute
Respectfully submitted, /si 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, MAECH 7, 2000

1869

Representative Hall, Atlanta, Georgia Tuesday, March 7, 2000
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 Elder Dexter Rowland, New Beginning First Gospel Baptist Church, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
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 1684. By Representatives Graves of the 125th, Martin of the 145th, Smith of the 91st and Stephens of the 150th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide an income tax credit for mentoring services provided by taxpayers.
Referred to the Committee on Ways & Means.

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JOURNAL OF THE HOUSE

HB 1685. By Representative Hudgens of the 24th: A bill to provide a new charter for the City of Ila.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1686. By Representatives Stallings of the 100th and West of the 101st: A bill to amend an Act entitled "An Act to provide a new Charter for the City of Mt. Zion," so as to change the jurisdictional limits of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1687. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to amend an Act providing a new charter for the City of Douglasville, so as to provide for changes in appropriations.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1688. 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 1689. By Representative Smith of the 169th: A bill to amend an Act providing a new charter for the City of Offerman, so as to change the provisions relating to the election and terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1690. By Representatives Scarlett of the 174th and Tillman of the 173rd: A bill to provide for a homestead exemption from certain Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1691. By Representatives Scarlett of the 174th and Tillman of the 173rd: A bill to provide for a homestead exemption from certain Glynn County 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 base year assessed value of such homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 7, 2000

1871

HB 1692. By Representatives Smith of the 91st, Burkhalter of the 41st, Powell of the 23rd, Graves of the 125th, Coan of the 82nd and others:
A bill to amend Code Section 45-12-75.1 of the Official Code of Georgia Annotated, relating to annual continuation budget reports applicable to state agencies, so as to provide that each budget unit which will be included in the continuation budget report for any year shall be required to justify all expenses and every program operated under the budget unit; to provide that the Department of Human Resources shall be included in the continuation budget report for the year 2000.
Referred to the Committee on Appropriations.

HB 1693. By Representative Wix of the 33rd: A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to prohibit the retaliatory eviction of a mobile home owner by a landlord of a mobile home park.
Referred to the Committee on Judiciary.

HB 1694. By Representative Wix of the 33rd: 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 add an exemption for required textbooks for public or private postsecondary schools.
Referred to the Committee on Ways & Means.

HR 1212. By Representatives Mueller of the 152nd, Day of the 153rd, Pelote of the 149th and Stephens of the 150th: A resolution urging immediate action with respect to certain Chatham County tax officials.
Referred to the Committee on State Planning & Community Affairs.

HR 1213. By Representatives Martin of the 145th, Stephens of the 150th, Irvin of the 45th, Graves of the 125th and Day of the 153rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for tax credits, tax refunds, or other relief of tax liability so as to return certain surplus state funds to taxpayers.
Referred to the Committee on Ways & Means.

HR 1214. By Representatives Martin of the 145th, Stephens of the 150th, Irvin of the 45th, Graves of the 125th and Day of the 153rd:
A resolution proposing an amendment to the Constitution so as to create the Taxpayer Surplus Funds Relief Account and require the pro rata distribution of certain unappropriated surplus in the state treasury to the taxpayers of the state under certain conditions.
Referred to the Committee on Ways & Means.

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JOURNAL OP THE HOUSE

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1655 HB 1656 HB 1657 HB 1658 HB 1659 HB 1660 HB 1661 HB 1662 HB 1664 HB 1666 HB 1667 HB 1668 HB 1669 HB 1670 HB 1671 HB 1672 HB 1673 HB 1674 HB 1675 HB 1676

HB 1677 HB 1678 HB 1679 HB 1680 HB 1681 HB 1682 HB 1683 HR 1206 HR 1208 HR 1209 HR 1210 HR 1211 HR 1230 HR 1231 SB 376 SB 439 SB 444 SB 445 SB 486 SR 556

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1312 Do Pass, by Substitute HB 1539 Do Pass HB 1546 Do Pass, by Substitute HB 1550 Do Pass HB 1645 Do Pass

HB 1648 Do Pass HB 1651 Do Pass HB 1652 Do Pass HR 623 Do Pass

Respectfully submitted, lal Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 1207 Do Pass HR 1211 Do Pass

TUESDAY, MARCH 7, 2000

1873

Respectfully submitted, /a/ Benefield of the 96th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 7, 2000
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:
HB 549 Minimum wage; gradual increase; calculation by Department of Labor HB 584 Guilty plea; alien or naturalized citizen; understand impact HB 703 Bankruptcy; homestead exemption; spouses filing jointly HB 712 Child molestation; include certain telephone conversations HB 1160 General appropriations; FY 2000-2001 HB 1275 Violence in the workplace; employer obtain temporary restraining order HB 1388 Indemnification; public school personnel; spec plates; educators HB 1406 Social services; county & district directors; amend provisions HB 1413 Community affairs; state community development program; create HB 1441 Motor Vehicle Safety, Department of; create HB 1450 Counties and municipalities and public schools; multiyear contracts HB 1455 Income tax credits; certain export businesses HB 1492 Telephone solicitation; prohibit calls from unlisted phone numbers HB 1574 Courts; certain judges; compensation HB 1576 Invasions of privacy; recording certain communications; minors HB 1577 Revenue and taxation; cert records; access for research purposes HB 1601 Liens; nonconforming; expedited cancellation HB 1615 MARTA; add board member; amend sales tax provisions HB 1630 Ethics in govt; campaign finance disclosure; revise provisions HB 1654 Southwest Georgia Railroad Excursion Authority; create
HR 260 Boards of education; impact fees; Gen Assembly authorize collection and use CA
HR 971 Indemnification; public school personnel; special plates - CA
SR 411 Gen. Assembly Mbr. Convicted of Felony-replacement (CA) (Rec) (Starr of the 44th)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Smyre of the 136th
Chairman

By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:

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HB 1312. By Representative Martin of the 47th:
A bill to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshall of said court.
The following Committee substitute was read and adopted:
A BILL
To amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), so as to revise certain costs and service fees charged by the clerk and marshal 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 establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), is amended by striking in their entirety subsections (a), (b), and (c) of Section 49 and substituting in lieu thereof new subsections (a), (b), (c), and (d) to read as follows:
"(a) Except as otherwise provided in this Act, the filing cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment and proceedings against tenant holding over, irrespective of how they shall be terminated, shall be $55.00 plus $8.00 for each defendant more than one. In addition, there shall be a $25.00, per copy, charge for serving copy of process and returning original by the marshal, said fee to include the processing, entry, and docketing of the service type, service, and return of service information, however the same is accomplished by the clerk of court.
(b) The filing cost for a garnishment proceeding, irrespective of how it shall be terminated, shall be $55.00 plus $8.00 for each party more than one. There shall be a $13.00 charge for serving summons of garnishment or rule against garnishee, plus $6.00 for serving each copy more that one, including defendant's copy, and returning original by the marshal, said fee to include the processing, entry, and docketing of the service type, service, and return of service information, however the same is accomplished by the clerk of court. The filing cost for a plaintiff's or defendant's traverse to a garnishment proceeding shall be $20.00. The filing cost for each additional summons filed on a regular garnishment shall be $25.00.
(c) The filing cost for a proceeding against tenant holding over, except as otherwise provided in this Act or where the writ of possession is executed, shall be $55.00 plus $8.00 for each defendant more than one. In addition, there shall be a $25.00, per copy, charge for serving copy of process and returning original by the marshal, said fee to include the processing, entry, and docketing of the service type, service, and return of service information, however the same is accomplished by the clerk of court. Where it is necessary to apply for, execute, or apply for and execute the writ of possession, there shall be a $20.00 charge for the application, execution, or application and execution.

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(d) Where service is attempted, made, or perfected by any means other than by the marshal or deputy sheriff, as such service may be allowed, or by discretion of the court may be allowed, under Code Section 9-11-4 or 15-10-43 of the O.C.G.A., there shall be a $20.00 charge for the processing, entry, and docketing of the service type, service, and return of service information, however the same is accomplished by the clerk of court."
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.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1539. By Representative Martin of the 47th: A bill to amend an Act entitled the "Atlanta Community Improvement District Act," so as to change certain provisions relating to governmental services.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1546. By Representatives Martin of the 47th and McKinney of the 51st: A bill to provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County.

The following Committee substitute was read and adopted: A BILL
To provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County; to repeal an Act to increase the salaries of the judges of certain courts of Fulton County, approved March 29, 1971 (Ga. L. 1971, p. 2304); to repeal an Act to fix the salaries of the judges of certain courts of Fulton County, approved March 23, 1972 (Ga. L. 1972, p. 2395); to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Each of the judges of the State Court of Fulton County, each of the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County shall be paid an annual salary equal to 90 percent of the total of the state salary plus the county supplement now or hereafter paid to a judge of the Superior Court of Fulton County. Such salaries shall be paid in equal monthly installments from the funds of

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Fulton County. This section shall not affect, reduce, or repeal any sum payable in addition to compensation as provided by local law to the chief judge of the State Court of Fulton County for performing the duties of chief judge.
SECTION 2.
An Act to increase the salaries of the judges of certain courts of Fulton County, approved March 29, 1971 (Ga. L. 1971, p. 2304), is repealed in its entirety.
SECTION 3.
An Act to fix the salaries of the judges of certain courts of Fulton County, approved March 23, 1972 (Ga. L. 1972, p. 2395), is repealed in its entirety.
SECTION 4.
This Act shall become effective on January 1, 2001.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1645. By Representatives Manning of the 32nd, Sauder of the 29th, Grindley of the 35th, Parsons of the 40th, McKinney of the 51st and others:
A bill to amend an Act creating the Downtown Marietta Development Authority, so as to change the provisions regarding the appointment and election of members of the Authority and the provisions relating to voting by property owners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1648. By Representatives DeLoach of the 172nd, Barnard of the 154th, Tillman of the 173rd and Mosley of the 171st:
A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for staggered terms for the chairperson and commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1651. By Representative Whitaker of the 7th:
A bill to amend an Act known as the "Ellijay-Gilmer County Water and Sewerage Authority Act," so as to change the number of members of the authority; to provide for the appointment and initial terms of office of the additional member.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1652. By Representatives Williams of the 114th, Howard of the 118th, DeLoach of the 119th, Connell of the 115th and Alien of the 117th:
A bill to amend an Act creating the Civil Court of Richmond County, so as to provide for certain powers and duties of the marshall of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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).

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HB 1550. By Representatives Reed of the 52nd, McKinney of the 51st, Holmes of the 53rd, Brooks of the 54th, Stanley of the 50th and others:
A bill to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over whose net income does not exceed $40,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Alien Anderson 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
Campbell

Y Cash Channell 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
Y DeLoach, G 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
Banner
Y Harbin E Harrell Y Heard
Heckstall Y Hegstrom
Y Hembree E Henson Y Holland Y Holmes Y Houston Y Howard

Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
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
McClinton
McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
Mueller E OTNeal
Y Orrock Parham Fairish
Y Parsons Y Pelote
Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell

1878
Ragas Y Randall
Ray Y 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 Sander Y Scarlett Y Scheid
Y Scott Y Shanahan
Y Shaw Y Shipp Y Sholar
Y Sims Sinkfield Skipper
Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R
Y Smith, P Smith, T
Y Smith, V Smyre
Y Snelling
Y Snow B Squires Y Stallings Y Stancil

Stanley, P Stanley-Turner Y Stephens Y Stokes
Y Stuckey Taylor
Y Teague Y Teper Y Tilhnan
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
Williams, J
Y Williams, R Y Wix Y 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 hills of the Senate:
SB 129. 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.
SB 228. By Senators Hecht of the 34th, Thompson of the 33rd, Lee of the 29th and others: A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide that under certain conditions judges shall make written findings of fact and conclusions of law with respect to motions for new trial in criminal cases.
SB 335. By Senator Williams of the 6th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special license plates for members and retired members of the Georgia National Guard.
SB 366. By Senator Thompson of the 33rd: A bill to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of maintenance and use of public roads generally, so as to require agree-

TUESDAY, MARCH 7, 2000

1879

ments between a railroad company and an affected municipality or county regarding the closing of certain crossings; to authorize counties and municipalities to seek injunctions and damages, including attorney's fees, against railroad companies that violate such requirement; to provide for legislative intent; to provide for an effective date.

SB 417. By Senator Streat of the 19th:
A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, so as to provide that the Department of Corrections shall have the right to sell such goods or merchandise to private prisons that house inmates from the State of Georgia; to provide an effective date.

SB 426. By Senators Polak of the 42nd, Stokes of the 43rd, Burton of the 5th and Ladd of the 41st:
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 an expense allowance for grand jurors shall be fixed by the grand jury.

SB 443. By Senators Fort of the 39th and Walker of the 22nd:
A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, so as to provide that single family affordable housing constructed on or after July 1, 2000, with state or federal funds awarded by the State Office of Housing shall contain certain features to make such housing more accessible to persons with mobility impairments; to authorize the State Office of Housing to grant certain waivers; to provide for an effective date.

SB 450. By Senators Hill of the 4th, Hecht of the 34th, Lee of the 29th and Tanksley of the 32nd:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as provides that it shall be unlawful to possess such firearm or knife while committing or attempting to commit any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance, marijuana, counterfeit substance, or noncontrolled substance; to provide for related matters; to provide for an effective date.

SB 464. By Senators Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discrimination against victims of family violence; to provide for related matters.

SB 469. By Senator Madden of the 47th:
A bill to amend the "Jackson County Water and Sewerage Authority Act," as amended, so as to eliminate certain term limits for members of the authority.

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SB 477. By Senators Ragan of the llth and Meyer von Bremen of 12th:

A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and labeling of organic food and feed; to provide a short title; to provide definitions; to provide for what constitutes organic food or feed; to provide for items which may be used in the production, preservation, and processing of plants and animals intended to meet the standard of identity for organic food or feed; to provide for regulation of identification, advertisement, promotion, labeling, and packaging of organic food and feed; to provide for regulation and standards for production, distribution, and processing practices.

SB 489. By Senators Jackson of the 50th, Lee of the 29th and Butler of the 55th:
A bill to amend Code Section 42-2-8 of the Official Code of Georgia Annotated, relating to the additional duties of the commissioner of corrections, so as to provide that the commissioner is authorized to accept on behalf of and for the benefit of the Department of Corrections gifts, grants, donations, property, and services; to provide an effective date.

SB 497. By Senator Smith of the 25th:
A bill to provide a homestead exemption from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.

SB 506. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $7,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal.

SB 521. By Senator Williams of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the provisions relating to the compensation of the judge and solicitor-general of the State Court of Pierce County; to provide for cost-of-living increases and longevity increases in the compensation of such officers; to provide for a monthly expense allowance for such officers; to provide for reimbursement for certain other expenses incurred by such officers in carrying out the duties of their respective offices; to provide for conditions and procedures; to provide an effective date.

TUESDAY, MARCH 7, 2000

1881

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 511. By Senators Brush of the 24th, Harbison of the 15th, Hooks of the 14th and others:
A resolution memorializing the Congress and the President to enact legislation that recognizes the necessity of the United States government maintaining its commitment to America's military retirees by providing lifetime health care for those over the age of 65 years, that requires opening the Federal Employees Health Benefit Program to eligible uniformed armed services beneficiaries, and that addresses in any other appropriate way the concerns expressed in this resolution.

SR 580. By Senators Kemp of the 3rd, Starr of the 44th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to provide that marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes; to authorize the General Assembly to provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and to do so without need for uniformity of taxation with other classes of property or between or within its subclasses; to provide for the submission of this amendment for ratification or rejection.

The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 1182. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 129. 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.
Referred to the Committee on State Planning & Community Affairs - Local.

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SB 228. By Senators Hecht of the 34th, Thompson of the 33rd, Lee of the 29th and others: A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide that under certain conditions judges shall make written findings of fact and conclusions of law with respect to motions for new trial in criminal cases.
Referred to the Committee on Judiciary.
SB 335. By Senator Williams of the 6th: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions relating to special license plates for members and retired members of the Georgia National Guard.
Referred to the Committee on Motor Vehicles.
SB 366. By Senator Thompson of the 33rd: A bill to amend Article 1 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the regulation of maintenance and use of public roads generally, so as to require agreements between a railroad company and an affected municipality or county regarding the closing of certain crossings; to authorize counties and municipalities to seek injunctions and damages, including attorney's fees, against railroad companies that violate such requirement; to provide for legislative intent; to provide for an effective date.
Referred to the Committee on Transportation.
SB 417. By Senator Streat of the 19th: A bill to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, so as to provide that the Department of Corrections shall have the right to sell such goods or merchandise to private prisons that house inmates from the State of Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SB 426. By Senators Polak of the 42nd, Stokes of the 43rd, Burton of the 5th and others: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that an expense allowance for grand jurors shall be fixed by the grand jury.
Referred to the Committee on Judiciary.
SB 443. By Senators Fort of the 39th and Walker of the 22nd: A bill to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, so as to provide

TUESDAY, MARCH 7, 2000

1883

that single family affordable housing constructed on or after July 1, 2000, with state or federal funds awarded by the State Office of Housing shall contain certain features to make such housing more accessible to persons with mobility impairments; to authorize the State Office of Housing to grant certain waivers; to provide for an effective date.
Referred to the Committee on Industry.

SB 450. By Senators Hill of the 4th, Hecht of the 34th, Lee of the 29th and others:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as provides that it shall be unlawful to possess such firearm or knife while committing or attempting to commit any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance, marijuana, counterfeit substance, or noncontrolled substance; to provide for related matters; to provide for an effective date.
Referred to the Committee on Special Judiciary.

SB 464. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discrimination against victims of family violence; to provide for related matters.
Referred to the Committee on Insurance.

SB 469. By Senator Madden of the 47th: A bill to amend the "Jackson County Water and Sewerage Authority Act," as amended, so as to eliminate certain term limits for members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 477. By Senators Ragan of the llth and Meyer von Bremen of the 12th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and labeling of organic food and feed; to provide a short title; to provide definitions; to provide for what constitutes organic food or feed; to provide for items which may be used in the production, preservation, and processing of plants and animals intended to meet the standard of identity for organic food or feed; to provide for regulation of identification, advertisement, promotion, labeling, and packaging of organic food and feed; to provide for regulation and standards for production, distribution, and processing practices.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 489. By Senators Jackson of the 50th, Lee of the 29th and Butler of the 55th:
A bill to amend Code Section 42-2-8 of the Official Code of Georgia Annotated, relating to the additional duties of the commissioner of corrections, so

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as to provide that the commissioner is authorized to accept on behalf of and for the benefit of the Department of Corrections gifts, grants, donations, property, and services; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SB 497. By Senator Smith of the 25th:
A bill to provide a homestead exemption from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 506. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $7,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 521. By Senator Williams of the 6th:
A bill to amend an Act establishing the State Court of Pierce County, as amended, so as to change the provisions relating to the compensation of the judge and solicitor-general of the State Court of Pierce County; to provide for cost-of-living increases and longevity increases in the compensation of such officers; to provide for a monthly expense allowance for such officers; to provide for reimbursement for certain other expenses incurred by such officers in carrying out the duties of their respective offices; to provide for conditions and procedures; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 511. By Senators Brush of the 24th, Harbison of the 15th, Hooks of the 14th and others:
A resolution memorializing the Congress and the President to enact legislation that recognizes the necessity of the United States government maintaining its commitment to America's military retirees by providing lifetime health care for those over the age of 65 years, that requires opening the Federal Employees Health Benefit Program to eligible uniformed armed services beneficiaries, and that addresses in any other appropriate way the concerns expressed in this resolution.
Referred to the Committee on Defense & Veterans Affairs.

TUESDAY, MARCH 7, 2000

1885

SR 580. By Senators Kemp of the 3rd, Stair of the 44th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to provide that marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes; to authorize the General Assembly to provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and to do so without need for uniformity of taxation with other classes of property or between or within its subclasses; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

Representative Buckner of the 95th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and referred to the Committee on Rules:
HR 1234. By Representatives Royal of the 164th and Dukes of the 161st: A resolution inviting the coaches and players of the Mitchell-Baker High School Eagles basketball team to appear before the House of Representatives.
HR 1235. By Representative Channell of the lllth: A resolution commending the Gatewood Schools' Lady Gators basketball team and inviting the players, coaches, and staff to appear before the House of Representatives.
HR 1253. By Representative Bannister of the 77th: A resolution inviting the coaches and players of the Berkmar High School Patriots basketball team to appear before the House of Representatives.
HR 1254. By Representative Jenkins of the 110th: A resolution commending the Culloden Highland Games and Scottish Festival and inviting officials of the City of Culloden and members of the Culloden Highland Games and Scottish Festival Committee to the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 1450. By Representative Royal of the 164th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to amend Article 10 of Chapter 2 of

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Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts.

The following Committee substitute was read and withdrawn:
A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to provide that such contracts shall apply only with respect to personal property; to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to provide that such contracts shall apply only with respect to personal property; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, is amended by striking Code Section 36-60-13, relating to multiyear lease, purchase, or lease purchase contracts, and inserting in its place a new Code Section 36-60-13 to reads as follows:
"36-60-13.
(a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract;
(3) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and
(4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality.
(b) In addition to the provisions enumerated in subsection (a) of this Code section, any contract authorized by this Code section may include:

TUESDAY, MARCH 7, 2000

1887

(1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the county or municipality under the contract; or
(2) Any other provision reasonably necessary to protect the interests of the county or municipality.
(c) Any contract developed under this Code section containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the county or municipality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term.
(d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the county or municipality for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal.
(e) No contract developed and executed pursuant to this Code section may be delivered if the principal portion of such contract, when added to the amount of debt incurred by any county or municipality pursuant to Article IX, Section V, Paragraph I of the Constitution of Georgia, exceeds 10 percent of the assessed value of all taxable property within such county or municipality.
(f) No contract developed and executed pursuant to this Code section may be delivered if the real or personal property being so financed has been the subject of a referendum which failed to receive the approval of the voters of the county or municipality within the immediately preceding four calendar years, unless such real or personal property is required to be financed pursuant to a federal or state court order, or imminent threat thereof, as certified by the governing authority of the county or municipality.
(g) No contract developed and executed pursuant to this Code section with respect to the acquiaition of real property may be delivered unless n public hearing has been held by the county or municipality after two wocka' notice published in a newspaper of general circulation within the county or municipality.
(h) No contract developed and executed pursuant to this Code section with respect to real property may be delivered if the average annual payments on such contracts ex coed 7.6 percent of the governmental fund rcvcnuca of the county or municipality for the calendar year preceding the delivery of auch contract plus any available special county 1 percent aalca and use tax proceeds collected pursuant to Code Section 48-8

(iXg) Any such contract may provide for the payment by the county or municipality of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.
Nothing in this Code section shall restrict counties or municipalities from executing reasonable contracts arising out of their proprietary functions."
SECTION 2.
Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by striking Code Section 20-2506, relating to multiyear lease, purchase, or lease purchase contracts, and inserting in its place a new Code Section 20-2-506 to read as follows:

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JOURNAL OF THE HOUSE

"20-2-506.
(a) As used in this Code section, the term:
(1) 'Energy cost savings measure' means a facility alteration designed to reduce energy consumption or operating costs and may include one or more of the following:
(A) Insulating the building structure or structures within the building, including caulking or weather-stripping;
(B) Installing storm windows or doors, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, or other window or door systems designed to reduce energy consumption;
(C) Installing automated or computerized energy control systems;
(D) Modifying or replacing heating, ventilating, or air-conditioning systems;
(E) Replacing or modifying lighting fixtures to increase the energy efficiency of the lighting system;
(F) Improving indoor air quality to conform to the applicable state or local building code requirements;
(G) Installing energy recovery systems;
(H) Installing cogeneration systems that produce steam or forms of energy such as heat and electricity for use primarily within a building or complex of buildings; and
(I) Life safety measures that provide long-term operating cost reductions and are in compliance with state and local codes, and building operation programs that reduce operating costs.
(2) 'Guaranteed energy saving contract' means a contract for the implementation of one or more energy cost savings measures providing that all payments except obligations on termination of the contract before its expiration are to be made over time and the energy cost savings are guaranteed to the extent necessary to make payments for the contract.
(b) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the school system 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 as provided in this Code section;
(2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract;

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1889

(3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed;

(4) The total combined annual payments for contracts under this Code section and contracts of such school system under Article IX, Section III, Paragraph I of the Constitution in any calendar year, excluding guaranteed energy savings contracts, shall not exceed an amount equal to 7.5 percent of the total local revenue collected for maintenance and operation of the school system in the most recently completed fiscal year; provided, however, that the foregoing limitation shall not apply to contracts with other public educational entities, including school systems in this state, for the education of students; and

(5) For each guaranteed energy savings contract, a school system shall document the historical energy cost of each structure affected for a period of at least one year prior to the date of the contract and shall document the monthly energy cost and monthly energy savings of each affected structure for the life of the contract.

(c) In addition to the provisions enumerated in subsection (b) of this Code section, any contract authorized by this Code section may include:
(1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the school system under the contract; or
(2) Any other provision reasonably necessary to protect the interests of the school system.

(d) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the school system only for those sums payable during the calendar year of execution or, in the event of a renewal by the school system, for those sums payable in the individual calendar year renewal term.

(e) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the school system for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal.
(f) Any such contract may provide for the payment by the school system of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section.
(g) When any local board of education on or after July 1, 1990, submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calendar years immediately following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal property, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt.
(h) Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions.

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(i) Each school system in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the school district in the event that the contract is not fully consummated.
(j) Any contract developed under this Code section shall comply with the applicable provisions of the Official Code of Georgia Annotated, and regulations thereunder, relating to state allocated capital outlay funds and entitlements."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The provisions of this Act shall not apply to any lease purchase agreements or obligations in existence on the effective date of this Act nor to any renewal, revision, refinancing, refunding, or restructuring thereof, nor to any proposed lease purchase agreements or obligations for a project or projects for which preliminary plans and specifications have been prepared and for which public hearings have been held as required by law, and nothing in this Act shall in any way be construed as adversely affecting the rights or interests of the owners of any obligations secured as to their payment by such lease purchase agreements or any renewal, revision, refinancing, refunding, or restructuring thereof.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Royal of the 164th, Buck of the 135th, Martin of the 47th, Coleman of the 142nd and Skipper of the 137th, was read:
A BILL
To amend Code Section 36-60-13 of the Official Code of Georgia Annotated, relating to county or municipal multiyear lease, purchase, or lease purchase contracts, so as to provide for additional limitations with respect to such contracts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 36-60-13 of the Official Code of Georgia Annotated, relating to county or municipal multiyear lease, purchase, or lease purchase contracts, is amended by striking subsection (h) and inserting in its place a new subsection (h) to reads as follows:
"(h) Ne On or after July 1, 2000, no contract developed and executed or renewed, refinanced, or restructured pursuant to this Code section with respect to real property may be delivered if the:
(1) The average annual payments on the aggregate of all such outstanding contracts exceed 7.5 percent of the governmental fund revenues of the county or municipality for the calendar year preceding the delivery of such contract plus any available special county 1 percent sales and use tax proceeds collected pursuant to Code Section 48-8-111; or

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1891

(2) The outstanding principal balance on the aggregate of all such outstanding contracts exceeds $50 million,
whichever is less. This subsection shall not apply to contracts developed and executed or renewed, refinanced, or restructured pursuant to this Code section which are for projects for the housing of court services, where any other state law or laws authorize the project to be financed and paid for from the collection of fines rather than from tax revenues."
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 amendment was read and adopted:

Representatives Royal of the 164th, Irvin of the 45th, Skipper of the 137th and Burkhalter of the 41st move to amend the Floor substitute to HB 1450 as follows:
On line 26, page 1, strike "$50 million" and insert "$25 million".

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield
Birdsong
Y Bohannon Y Bordeaux
Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner
Y Bulloch Y Bunn Y Burkhalter Y Byrd
Y CaJlaway Y Campbell Y Cash Y Channel! Y Childers
Clark

Y Coan Y Coleman, B
Coleman, T Y Connell Y Cooper
Y Cox Crawford
Y Cummings Y Davis, M
Y Davis, T Y Day
Y Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon
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
Harbin
E Harrell Y Heard Y Heckstall Y Hegstrom
Hembree E Henson
Y Holland Y Holmes
Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N Y Hugley Y Irvin Y Jackson, B
Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
Jones

Y Joyce Y Kaye Y Lane Y Lewis
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
Morris Y Mosley
Y Mueller E OTSfeal Y Orrock Y Parham Y Parrish
Y Parsons

Y Pelote Pinholster
Y Poag Ponder
Y Porter
Y Powell Y Purcell Y Ragas Y Randall
Y Ray Reaves
Y Reece Y Reed
Reese Y Reichert Y Rice
Richardson
Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Y Shaw

1892
Y Shipp Sholar Sims
Y Sinkfield Y Skipper
Smith, B Y Smith, C Y Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE

Y Smith, L.H Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling
Snow E Squires Y Stallings

Y Stancil Stanley, P Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor
league 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 Westmorland Y Whitaker Y Wiles Y Williams, J
Williams, R Wix Y Yates Murphy, Spin-

the passage of the Bill, by substitute, as amended, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representatives Smith of the 91st and Hembree of the 98th 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 1601. By Representative Connell of the 115th: A bill 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 expressly prohibit accepting for filing, indexing, or recording any nonconforming lien; to provide procedures for expedited cancellation of nonconforming liens filed against government officials or employees based upon the performance or nonperformance of their official duties.
The following Committee substitute was read and adopted: A BILL
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 that nonconforming liens are not eligible for filing and recording; to provide procedures for expedited cancellation of nonconforming liens filed against government officials or employees; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, is amended by striking subsections (b) and (c) and inserting in lieu thereof the following:
"(b)(l) All liens provided for in this chapter or specifically established by federal or state statute, county, municipal, or consolidated government ordinance; or specifically established in a written declaration or covenant which runs with the land shall be exempt from subsection (c) of this Code section. All other liens shall be defined as nonconforming liens and shall not be eligible for filing and recording.

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1893

(2) Each nonconforming lien shall be a nullity with no force or effect whatsoever, even though if said nonconforming lien is duly filed, recorded, and indexed in the land records of one or more counties in this state.
(c)(l) Any person, corporation, or other entity against whose property a nonconforming lien is filed or recorded may, without notice to any party, file an ex parte petition for an order to remove a nonconforming lien from the record in the superior court of the county in which said lien is filed or recorded and obtain an order from said superior court directing the clerk of the superior court to record the order and mark the recorded nonconforming lien: 'CANCELED OF RECORD PURSUANT TO ORDER DATED _________, RECORDED AT DEED BOOK ____, PAGE ____. THIS ____ DAY OF _________, __.' The petition shall set forth that:
fiKA) The movant is a party against whose property a nonconforming lien is filed;
(3)(B) The lien in question is a nonconforming lien as defined under this Code section; and
(3XO A certified copy of the nonconforming lien is attached as an exhibit.
The petition must be executed by the movant or movant's attorney. The order may be entered as early as the date of filing of the petition and shall set forth that, upon review of the petition and the certified copy of the recorded instrument attached thereto, it is the order of the court that said lien is a nonconforming lien under this Code section and that the clerk of the court is ordered to record the order and mark the nonconforming lien canceled of record.

try of______________________________________________ any political subdivision of this state, or the government of the United States or any branch thereof against whose property a nonconforming lien is filed or recorded may, without notice to any party and in lieu of the procedure provided by paragraph (1) of this subsection, file an ex parte affidavit of nonconforming lien in the superior court of the county in which said lien is filed or recorded. The affidavit shall set forth that:

(A) Such person against whose property a nonconforming lien is filed is an official or employee of the government of this state or a branch thereof, a political subdivision of this state, or the government of the United States or a branch thereof;

(B) The lien in question is a nonconforming lien as defined under this Code section and was filed against the government official or employee based upon the performance or nonperformance of his or her official duties; and

(C) A certified copy of the nonconforming lien is attached as an exhibit.

The affidavit filed for such government official or employee must be executed by the

Attorney General or a deputy or assistant attorney general in the case of an official or

employee of the government of this state or a branch thereof, the attorney represent-

ing a political subdivision of this state in the case of an official or employee of such po-

litical subdivision, or a United States attorney or an assistant United States attorney

in the case of an official or employee of the government of the United States or a

branch thereof. The lien shall be conclusively presumed to be nonconforming upon the

filing of such affidavit, and the clerk of the court shall instanter mark the recorded

nonconforming lien: 'CANCELED OF RECORD PURSUANT TO AFFIDAVIT DATED

, RECORDED AT DEED BOOK

, PAGE

. THIS

DAY OF _________,

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JOURNAL OF THE HOUSE

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield
Y Birdsong Y Bohannon Y Bordeaux 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
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
Floyd Y Franklin Y Golick Y Graves
Y Greene Y Grindley
Y Hammontree Y Banner
Harbin E Harrell Y Heard Y Heckstall
Y Hegstrom 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
Jones
Y Joyce YKaye
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
Morris Y Mosley Y Mueller
E OTMeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Pinholster
Y Poag Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Reaves
Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid
Scott Y Shanahan Y Shaw Y 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
Smith, T Y Smith, V Y Smyre
Y Snelling Y Snow E Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes
Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West 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 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Scott of the 165th and Hembree of the 98th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

TUESDAY, MARCH 7, 2000

1895

HB 549. By Representatives Teague of the 58th, Maddox of the 72nd, McKinney of the 51st, Brooks of the 54th, Stanley of the 50th and others:
A bill to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to the minimum wage law, so as to change the minimum wage; to provide for a gradual increase in the minimum wage; to provide for an adjusted minimum wage rate to be calculated by the Department of Labor annually beginning March 30, 2001.

The following Committee substitute was read and adopted: A BILL
To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to the minimum wage law, so as to change the minimum wage; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to the minimum wage law, is amended by striking subsection (a) of Code Section 34-4-3, relating to the amount of minimum wage to be paid by employers, and inserting in lieu thereof the following:
"(a) Except as otherwise provided in this Code section, every employer, whether a person, firm, or corporation, shall pay to all covered employees a minimum wage which shall be not less than $3 26 $5.16 per hour for each hour worked in the employment of such employer."
SECTION 2.
This Act shall become effective on July 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Anderson
Y Ashe Y Bailey N Bannister Y Barnard Y Barnes Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders

Y Bridges Y Brooks N Brown Y Buck
Buckner Y Bulloch N Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash

Y Channel! Y Childers Y Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox
Crawford Cummings N Davis, M

Y Davis, T N 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
Floyd N Franklin Y Golick Y Graves
Greene N Grindley Y Hammontree Y Hanner Y Harbin E Harrell

1896
Y Heard Y Heckstall Y Hegstrom
Hembree E Henson Y Holland Y Holmes
Houston Y Howard N Hudgens
Hudson, H Y Hudson, N Y Hugley Y Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce N Kaye N Lane

JOURNAL OF THE HOUSE

Y Lewis Y Lord
Lucas Y Maddox Y Mann
Manning Martin, J Y Martin, J.L N Massey Y McBee N McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley Morris Y Mosley Y Mueller E O'Neal Y Orrock Y Parham Y Parrish N Parsons

Y Pelote Pinholster
Y Poag Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Reaves Y Reece Y Reed Reese Y Reichert N Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Sauder N Scarlett Y Scheid

Scott Y Shanahan Y Shaw Y Shipp
Sholar Sims Y Sinkfield Y Skipper 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 Snow Y Squires Stallings N Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West E Westmoreland N Whitaker N Wiles N Williams, J Y Williams, R Y Wix
Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 120, nays 27.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Scott of the 165th, Hembree of the 98th and Stallings of the 100th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representatives Smith of the 91st and Reese of the 85th 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.
Representative Mueller of the 152nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
HB 1388. By Representatives Coleman of the 80th, Taylor of the 134th, Mosley of the 171st, O'Neal of the 75th, Greene of the 158th and others: A bill to create a program of indemnification with respect to public school personnel who are killed or permanently disabled by an act of violence in the line of duty; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special and distinctive license plate honoring Georgia educators with revenue derived from the sale of such plates dedicated to a fund for such program of indemnification.
The following Committee substitute was read:

TUESDAY, MARCH 7, 2000

1897

A BILL

To create a program of indemnification with respect to public school personnel who are killed or permanently disabled by an act of violence in the line of duty; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige
license plates and special plates for certain persons and vehicles, so as to provide for a special and distinctive license plate honoring Georgia educators with revenue derived from the sale of such plates dedicated to a fund for such program of indemnification; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for such indemnification program for public school personnel; to provide an 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.
Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding a new Code Section 40-2-86.5 to read as follows:
"40-2-86.5.

(a) In order to honor Georgia educators and financially benefit the Georgia Public School Personnel Indemnification Fund, there shall be issued beginning July 1, 2001, special license plates under this Code section.

(b) License plates issued under this Code section must be of the same size as general issue motor vehicle license plates. 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. The license plates shall display the phrase 'Georgia Educators Make A Difference' and a ripe Red Delicious apple shall be depicted to the left of the identifying number of each plate. Such design shall not provide space in which to indicate the name of the county of issuance.
(c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the license plate provided under this Code section, excepting only any part or parts of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright 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 July 1, 2001, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon application and compliance 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 motor vehicle license plate under this Code section. Revalidation decals shall, upon payment of fees required by

1898

JOURNAL OF THE HOUSE

law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for such license plates in the same manner as provided for general issue license plates.
(e) The funds derived from the sale of license plates issued under this Code section, less the actual cost of manufacturing and less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Georgia Public School Personnel Indemnification Fund established by Article 5A of Chapter 9 of Title 45 and shall be expended only for the purposes specified in said article.
(f) An applicant may request a license plate issued under this Code section any time during the applicant's registration period. If such a license plate is to replace a current valid license plate, the department shall issue the license plate under this Code section with appropriate decals attached.
(g) License plates issued under this Code section shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80.
(h) License plates issued under this Code section shall be issued within 30 days of application."
SECTION 2.
Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by adding a new Article 5A to read as follows:
"ARTICLE 5A
45-9-100.
The purpose of this article is to provide by law for the indemnification with respect to the death or permanent disability of public school teachers and public school employees who are killed or permanently disabled by an act of violence in the line of duty on or after July 1, 2001.
45-9-101.
As used in this article, the term:
(1) 'Act of violence' means a willful act of violence committed by a person other than a fellow public school teacher or public school employee.
(2) 'Commission' means the Georgia Public School Personnel Indemnification Commission.
(3) 'In the line of duty' means while on duty and performing services for and receiving compensation from the public school district which employs such public school teacher or public school employee.
(4) 'Permanent disability" means disability due to:
(A) Loss of both eyes or blindness in both eyes with only light perception;
(B) Loss or loss of use of both hands;
(C) Loss or loss of use of both legs;

TUESDAY, MARCH 7, 2000

1899

(D) Loss of a lower extremity or residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair; or
(E) Organic brain damage resulting from direct physical trauma incurred after July 1, 2001, which so affects the mental capacity as to preclude ability to function productively in any employment.
(5) 'Public school employee' has the meaning provided by Code Section 20-2-910.
(6) 'Public school teacher' has the meaning provided by Code Section 20-2-880.
45-9-102.
(a) There is established a program to provide for indemnification with respect to the death or permanent disability of any public school teacher or public school employee who is killed or permanently disabled by an act of violence in the line of duty on or after July 1, 2001.
(b) Such program shall be administered by the Georgia Public School Personnel Indemnification Commission.
45-9-103.
There is created the Georgia Public School Personnel Indemnification Commission which shall be composed of the Governor, the State School Superintendent, the Secretary of State, the Commissioner of Insurance, the chairperson of the State Board of Education, the commissioner of human resources, and one public school teacher and one public school employee to be appointed by the Governor and serve at the pleasure thereof. The Governor shall be the chairperson of the commission and the commission shall be assigned to the Department of Administrative Services for administrative purposes.
45-9-104.
The commission is authorized to promulgate rules and regulations relative to the program of indemnification. Such rules and regulations may provide for initial investigation of claims and the issuance of subpoenas to facilitate such investigation, special masters, hearings, procedures for applications for indemnification, and all other matters so as to enable the commission to carry out its duties fairly, properly, and equitably. The chairperson of the commission shall be authorized to contact other state agencies for the purpose of using the personnel and resources of such agencies to assist the commission in carrying out its duties.
45-9-105.
There is created a fund to be known as the Georgia Public School Personnel Indemnification Fund. The custodian of the Georgia Public School Personnel Indemnification Fund shall be the Department of Administrative Services. The Department of Administrative Services shall administer the Georgia Public School Personnel Indemnification Fund and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources. The Department of Administrative Services shall be further authorized to intermingle the resources of the Georgia Public School Personnel Indemnification

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Fund with the resources of any other funds or accounts which have similar restrictions on the investments which may be made with such funds; provided, however, that separate bookkeeping accounts on each such fund shall be maintained.
45-9-106.
The Georgia Public School Personnel Indemnification Fund shall consist of revenues derived from the sale of special and distinctive motor vehicle license plates honoring Georgia educators as provided by Code Section 40-2-86.5. In addition, the Department of Administrative Services is authorized to accept for deposit in the Georgia Public School Personnel Indemnification Fund any other funds from any other source. All revenue or other funds received by the Georgia Public School Personnel Indemnification Fund shall not lapse.
45-9-107.
The Department of Administrative Services is authorized, subject to the limitations contained in this article:
(1) To pay the appropriate indemnification to the persons eligible for indemnification under this article or to the estate of such persons as provided in this article from the proceeds of the Georgia Public School Personnel Indemnification Fund;
(2) To make such payments as may be necessary to defray the expenses and costs incurred by the commission in administering this article; and
(3) With the approval of the commission, to utilize the resources of the Georgia Pubhe School Personnel Indemnification Fund to purchase insurance to provide for such indemnification.
45-9-108.
(a) The indemnification shall be paid by the commission when a public school teacher or public school employee who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereafter, if such death occurs from an act of violence and if such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or
(2) Is permanently disabled, if the permanent disability occurs from an act of violence and if the permanent disability is not intentionally self-inflicted.
(b) For any compensable claim filed under this article, payment shall be made as follows:
(1) In the case of permanent disability, the eligible disabled person pursuant to this article may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and
(2) In the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administrator may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum.

TUESDAY, MARCH 7, 2000

1901

(c) After determining that a public school teacher or public school employee has been killed or permanently disabled by an act of violence in the line of duty and that he or she or his or her estate beneficiary is entitled to indemnification under this article, the commission, within ten days after the end of the fiscal year in which such claim was filed and subject to the provisions of Code Section 45-9-109, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to make the appropriate payments from funds made available for the purpose of carrying out this article.
45-9-109.
If the moneys provided by this article are not sufficient at any time to enable the commission to pay each person his or her benefits in full under this article, then those persons entitled to benefits whose claims were filed in the same fiscal year shall be paid an equal amount, if any, which, in the opinion of the commission, the fund may provide. In no such event shall the state or commission or any member of the commission be liable to any person for any deficiencies in payments under this article.
45-9-109.1.
(a) An application for indemnification with respect to a claim filed under this article for permanent disability of a public school teacher or public school employee shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such person's behalf by the parent, spouse, guardian, or other authorized individual. An application for indemnification with respect to a claim filed under this article for the death of a public school teacher or public school employee shall be submitted by the individual authorized to administer the estate.
(b) An application for indemnification with respect to the death or permanent disability of a public school teacher or public school employee who is killed or permanently disabled by an act of violence in the line of duty on or after July 1, 2001, must be made within 24 months after the date of the death or disability.
45-9-109.2.
It is the intent of the General Assembly that indemnification paid pursuant to this article shall not be taxable within this state for any purpose.
45-9-109.3.
No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state if such violation caused or contributed to the death or disability of the person.
45-9-109.4.
The commission shall annually file a report of its activities with the General Assembly, which report shall include the amount of funds paid under the program of indemnification. It shall also include a copy of each order providing for payment or a summary of each such order giving all pertinent details.
45-9-109.5.
(a) Any person who shall knowingly give false information or false testimony causing or intended to cause the payment of indemnification which would not otherwise be justified under this article shall be guilty of a misdemeanor.

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(b) Any such person convicted under subsection (a) of this Code section shall be liable to the state for any funds paid as a result of such false information or testimony."
SECTION 3.
This Act shall become effective on July 1, 2001, upon the ratification at the November, 2000, state-wide general election of a constitutional amendment which authorizes the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund. If such an amendment is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on July 1, 2001.
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 Williams of the 83rd moves to amend the Committee substitute to HB 1388 as follows:
insert after line 7, page 6
(4) No deposits in the Georgia Public School Personnel Indemnification Fund shall be used to pay for radio and television advertising which denigrates the profession of teaching.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien
Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefleld 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
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 Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley
Y Mueller E CCNeal Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder

TUESDAY, MARCH 7, 2000

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 Sander 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

1903
Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 971. By Representatives Coleman of the 80th, Taylor of the 134th, Jamieson of the 22nd, Mosley of the 171st, OTNeal of the 75th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Y Callaway Y Campbell

Y Cash Y Channel! Y Childers
Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper
Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T
Y Day Y Dean Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart

Y Epps Y Evans Y Everett
Y Felton Y Floyd Y Franklin Y Golick Y Graves
Y Greene Y Grindley Y Hammontn 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
James Y Jamieson
Y Jenkins Y Jennings
Y Jones Y Joyce Y Kaye Y Lane
Y Lewis Y Lord
Lucas Maddox
Y Mann Manning
Y Martin, J Y Martin, J.L

Y Massey Y McBee Y McCall Y McClinton
Y McKinney Y Millar Y Mills Y Mobley
Morris
Y Mosley Y Mueller E OTSTeal Y Orrock Y Parham
Y Parrish Y Parsons Y Pelote Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell

1904
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

JOURNAL OF THE HOUSE

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
Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs

Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 169, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 1615. By Representatives Teper of the 61st, McKinney of the 51st, Royal of the 164th, Benefield of the 96th, Ashe of the 46th and others: A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide for an additional ex officio member of the Board of Directors of the Authority; to provide that the rate of the retail sales and use tax for the Authority shall be 1 percent until and including June 30, 2062, and thereafter shall be reduced to one-half of 1 percent.
The following amendment was read and withdrawn:
The Committee on State Planning and Community Affairs moves to amend HB 1615 by striking "appointed by the local governing body thereof and inserting "nominated by the chief executive officer and elected by the county commission" on lines 21 and 22 of page 1.
By striking the number "2062" and inserting the number "2047" on line 7 of page 1 and lines 25 and 30 of page 3.
The following substitute, offered by Representative Teper of the 61st, et al., was read and adopted:
A BILL
To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide for an additional ex officio member of the Board of Directors of the Authority; to provide that the rate of the retail sales and use tax for the Authority shall be 1 percent until and including June 30, 2062, and thereafter shall be reduced to one-half of 1 percent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking subsection (a) of Section 6 thereof and inserting in its place the following:

TUESDAY, MARCH 7, 2000

1905

"(a) The Board of Directors of the Authority shall be composed of i? 18 members. Four members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; five members shall be residents of DeKalb County to be appointed by the local governing body thereof and at least one of such appointees shall be a resident of that portion of DeKalb County lying south of the southernmost corporate boundaries of the City of Decatur and at least one of such appointees shall be a resident of that portion of Dckalb DeKalb County lying north of the southernmost corporate boundaries of the City of Decatur; three members shall be residents of Fulton County to be appointed by the local governing body thereof, and at least one of such appointees shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta and that membership position held by a Fulton County resident, appointed by the local governing body of that county, the term of which position expires December 31, 1988, shall, beginning on and after January 1, 1989, be filled by the local governing body of Fulton County appointing a person who is a resident of that portion of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Clayton County to be appointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Three Four members, representing the State, shall be as follows: the Commissioner of the Department of Transportation who shall be an ex officio member; the State Revenue Commissioner who shall be an ex officio member; ae4 the Executive Director of the State Properties Commission who shall be an ex officio member; and the Executive Director of the Georgia Regional Transportation Authority who shall be an ex officio member. The first member who must be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta shall be appointed by the governing body of Fulton County to take office on July 1, 1985, for an initial term ending December 31, 1986. The two members who are DeKalb County residents and appointed by the governing authority thereof and who are added by this paragraph shall each be appointed by the governing body of DeKalb County to take office on July 1, 1985, for an initial term ending December 31, 1986. After the initial terms of those three members added to the Board in 1985, that governing body which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing body makes its other appointments to the Board. (Amended, Ga. L. 1985, p. 3609).
The initial terms of the four members added in 1976 by the above paragraph shall be as follows: the member from DeKalb County to be appointed by the local governing body of DeKalb County shall be appointed no later than sixty days after the effective date of this subsection for a term ending December 31, 1978, and shall take office immediately upon appointment; the Commissioner of the Department of Transportation, the State Revenue Commissioner and the Executive Director of the State Properties Commission shall become members of the Board on the effective date of this subsection and shall serve while holding their State offices.
The Executive Director of the Georgia Regional Transportation Authority shall become a member of the Board on the effective date of this sentence and shall serve while holding his or her State office.
Except as provided above, all appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by the local governing body which made the original appointment to the vacant position, or its successor in office. A member of the Board may be appointed to succeed himself or herself. Appointments to fill expiring terms shall be made by the local governing body prior to the expiration of the term, but such appointments shall not be made more than thirty days prior to the expiration of the term. Members ap-

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pointed to the Board shall serve for the terms of office specified in this section and until their respective successors are appointed and qualified. (Amended, Ga. L. 1976, pp. 217, 218; Ga. L. 1994, p. 4959)."
SECTION 2.
Said Act is further amended by striking from paragraph (1) of subsection (b) of Section 25 the following:
"June 30, 2032",
and inserting in lieu thereof the following:
"June 30, 2047",
so that when so amended said paragraph shall read as follows:
"(bXDRATE OF TAX. The tax when levied shall be at the rate of one (1%) percent until and including June 30, 2032 June 30, 2047, and shall thereafter be reduced to one-half (1/2%) of one percent. Said tax shall be added to the State Sales and Use Tax imposed by Article 1 of Chapter 8 of Title 48 of the O.C.G.A., and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Andereon Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn
Burkhalter

Y Byrd 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 N Davis, M Y Davis, T Y Day Y Dean Y DeLoach, B

Y DeLoach, G N Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Harrell

Y Heard 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 Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee
McCall Y McClinton Y McKinney N Millar Y Mills Y Mobley

Morris Y Mosley Y Mueller E CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas

TUESDAY, MARCH 7, 2000

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 N Teague Y leper Y Tillman Y Tolbert

1907
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
Wix Y Yates
Murphy, Spin-

the passage of the Bill, by substitute, the ayes were 160, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Kaye of the 37th was recorded as "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following Resolution of the Senate, having been previously read was again taken up for consideration:
SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others: A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection.
The following substitute, offered by Representative Walker of the 141st et al., was again read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for selection of a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article II, Section III, Paragraph II of the Constitution is amended by striking the Paragraph in its entirety and inserting in its place a new Paragraph to read as follows:

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"Paragraph II. Suspension upon felony conviction. Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he or she shall not be entitled to receive the compensation from his or her office. If, during the remainder of the elected official's term of office, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he or she was suspended and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the public officer under suspension is a member of the Senate, then a replacement member for the duration of the suspension under this Paragraph shall be appointed by the Governor subject to confirmation by the Senate. If the public officer under suspension is a member of the House of Representatives, then a replacement member for the duration of the suspension shall be elected as now or hereafter provided by law, in a manner the same as or similar to the election of a member to fill a vacancy in the House of Representatives but to serve only for the duration of the suspension. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987."

SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for selection of a replacement for any member of the General Assembly who has been initially convicted of a felony?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos.."" All persons desiring to vote against ratifying the proposed amendment shall vote

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read:

Representatives Irvin of the 45th and Graves of the 125th move to amend the Floor substitute to SR 411 as follows:
delete the period after "Senate" on line 36, page 1, and insert the following:

TUESDAY, MARCH 7, 2000

1909

in the circumstance where the conviction occurs during, or less than 60 days before, a session of the General Assembly in which the suspended member would have otherwise served; otherwise, a replacement member for the duration of the suspension shall be elected as now or hereafter provided by law, in a manner the same as or similar to the election of a member to fill a vacancy in the Senate but to serve only for the duration of the suspension.

On the adoption of the amendment, the roll call was ordered and the vote was follows:

N Alien N Anderson Y Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn
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
Crawford N Cummings Y Davis, M

N Davis, T N 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 Pelton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes 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
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 N Mobley
Morris N Mosley Y Mueller E OTSTeal N Orrock N Parham N Parrish Y Parsons

N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell N Ragas N Randall E 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 Y Scheid N 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 N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N TYiylor N Teague N Tfeper N Tillman Y Tblbert Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, R N Win Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 69, nays 104. The amendment was lost.
The Floor substitute was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.

1910

JOURNAL OF THE HOUSE

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 N Bohannon Y Bordeaux Y Borders Y Bridges N Brooks N Brown Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter Y Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell N Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree Y Manner Y Harbin Y Kartell Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens Y Hudson, H
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
Lucas N 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
Morris Y Mosley Y Mueller E (Weal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall E Ray Y Reaves Y Reece Y Reed N Reese Y Heichert Y Rice N Richardson Y 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 Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre N Snelling Y Snow
Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y 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 N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 129, nays 41. The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
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.
Representative Graves of the 125th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

TUESDAY, MARCH 7, 2000

1911

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 1011 Do Pass HR 1189 Do Pass HR 1208 Do Pass
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1231 Do Pass
Respectfully submitted, Isl Benefield of the 96th
Chairman
The Speaker announced the House in recess until 1:15 o'clock this afternoon.

1912

JOURNAL OF THE HOUSE

AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 1238. By Representative Cox of the 105th: A resolution honoring Rebecca Wilkerson McQueen.
HR 1239. By Representatives Ashe of the 46th and Smith of the 175th: A resolution commending Edward Moulthrop.
HR 1240. By Representatives Smith of the 103rd, Coleman of the 142nd, Parrish of the 144th, Jamieson of the 22nd and Burkhalter of the 41st: A resolution welcoming Slumberland USA to Newman, Georgia.
HR 1241. By Representatives Royal of the 164th and Dukes of the 161st: A resolution commending the Mitchell-Baker High School Eagles basketball team.
HR 1242. By Representatives Mann of the 5th and Hammontree of the 4th: A resolution expressing regret at the passing of Shirley J. Lorberbaum.
HR 1243. By Representative Dukes of the 161st: A resolution expressing best wishes and congratulations to Mrs. Eva Walker on the occasion of her 100th Birthday.
HR 1244. By Representative Dukes of the 161st: A resolution commending the Albany/Dougherty County School System High School/High Tech Program.
HR 1245. By Representatives Smith of the 103rd, Brown of the 130th, Westmoreland of the 104th and Yates of the 106th: A resolution commending and congratulating Dr. Joe Harless.
HR 1246. By Representatives Scheid of the 17th, Pinholster of the 15th and Stancil of the 16th: A resolution recognizing and commending Officer Richard (Richie) Rich for winning the Safe Kids of Georgia's Richard A. Schieber Award.
HR 1247. By Representatives Houston of the 166th and Shaw of the 176th: A resolution expressing regrets at the passing of Jr. Bishop Louis James Camon.

TUESDAY, MARCH 7, 2000

1913

HE 1248. By Representatives Ashe of the 46th, Irvin of the 45th, Felton of the 43rd, Trense of the 44th, Campbell of the 42nd and others:
A resolution honoring Senator Michael J. Egan on the event of his retirement from the General Assembly.

HR 1249. By Representatives Floyd of the 138th, Purcell of the 147th, Murphy of the 18th, Greene of the 158th, Walker of the 141st and others:
A resolution recognizing and commending Honorable Henry L. Reaves.

HR 1250. By Representative McCall of the 90th: A resolution commending Danny Richardson.

HR 1251. By Representatives Ehrhart of the 36th, Kaye of the 37th, Shipp of the 38th, Parsons of the 40th and Manning of the 32nd:
A resolution commending the Kermit C. Sanders Cobb County F.O.P. Lodge Number 13.

HR 1252. By Representative Bannister of the 77th:
A resolution commending the Berkmar High School Patriots basketball team.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Alien Anderson
Y Ashe Y Bailey
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
Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell
Cash
Channell Y Childers
Clark E Coan
Coleman, B Coleman, T Y Connell Cooper Y Cox
Y Crawford Y Cummings
Davis, M

Y Davis, T Day Dean
Y DeLoach, B DeLoach, G
Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart
Epps Y Evans
Everett Y Felton Y Floyd Y Franklin Y Golick
Graves Greene Grindley Hammontree Y Manner Harbin Y Harrell Y Heard Heckstall
Hegstrom
Hembree Henson Y Holland Y Holmes Houston Howard Y Hudgens Hudson, H Y Hudson, N

Y Hugley E 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
Lucas Y Maddox
Mann Manning
Martin, J Martin, J.L
E Massey Y McBee Y McCall
McChnton Y McKinney Y Millar
Y Mills Mobley Morris
Y Mosley Mueller
E O'Neal Orrock
Par ham Y Parrish Y Parsons

Y Pelote Y Pinholster
Y Poag Ponder Porter Powell
Y Purcell Y Bagas Y Randall
Y Ray Reaves
Reece Reed Reese Y Reichert
E Rice Y Richardson
Roberts Y Rogers Y Royal
Sanders Sauder Y Scarlett
Scheid Y Scott Y Shanahan Y Shaw
Y Shipp E Sholar
Sims Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre
Y Snelling
Snow E Squires Y Stallings Y Stancil
Stanley, P
Stanley-Turner Stephens Y Stokes Stuckey Taylor Y Teague Y Teper
Y Tillman Y Tolbert
Trense Tumquest
Y Twiggs E Untennan
Walker, L Y Walker, R.L
Watson
Y West Y Westmoreland Y Whitaker
Y Wiles Y Williams, J
Williams, R
Wix Y Yates
Murphy, Spkr

1914

JOURNAL OF THE HOUSE

On the adoption of the Resolutions, the ayes were 100, nays 0.
The Resolutions were 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.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bill of the Senate:
SB 399. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Price of the 56th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for state and local government activities with respect to preservation of greenspace; to state legislative intent; to define terms; to create the Georgia Greenspace Commission and provide for its membership, powers and duties, and operations; to create the Georgia Greenspace Trust Fund and provide for appropriations and other additions to said fund, as well as grants and other disbursements from said fund; to provide for eligibility for and award and disbursement of grants to counties; to provide for related matters.
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 407 Do Pass, by Substitute
Respectfully submitted, lal Martin of the 47th
Chairman
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Judiciary:

TUESDAY, MARCH 7, 2000

1915

SB 376. By Senators Butler of the 55th, James of the 35th, Brown of the 26th and others:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race as a factor in their decision to stop a motorist.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Industry and referred to the Committee on Natural Resources and Environment:
SB 468. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, so as to provide that a vertical expansion shall be permitted under certain circumstances when the owner of a facility has a modification plan involving the removal of waste to a conforming facility; to provide for a corrective plan in the event of nonconformance; to provide for a closure plan.

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 1455. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd, Ray of the 128th and Graves of the 125th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for certain export businesses.

Pursuant to Rule 134, Representative Walker of the 141st was excused from voting on HB 1455.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Alien Y Andersen Y Ashe Y Bailey N Bannister
Y Barnard Y Barnes Y Benefield Y Birdsong N Bohannon
Bordeaux Y Borders Y Bridges N Brooks
N Brown Y Buck
Buckner

Y Bulloch N Bunn N Burkhalter Y Byrd N Callaway
N Campbell N Cash Y Channel! Y Childers
Clark
N Coan Coleman, B Coleman, T
Y Connell
N Cooper N Cox Y Crawford

Y Cummings Y Davis, M Y Davis, T
Day Dean
DeLoach, B DeLoach, G N Dix Y Dixon Y Dodson
Dukes N Ehrhart Y Epps N Evans
Y Everett Y Felton Y Floyd

N Franklin N Golick Y Graves Y Greene N Grindley
Hammontree Y Hanner N Harbin N Harrell Y Heard
Heckstall N Hegstrom N Hembree
Henson
Y Holland N Holmes Y Houston

Howard N Hudgens Y Hudson, H Y Hudson, N
Hugley
E Irvin N Jackson, B Y Jackson, L
James Jamieson
Jenkins N Jennings
Jones N Joyce
N Kaye Y Lane N Lewis

1916
Y Lord Lucas
Y Maddox N Mann N Manning N Martin, J
Martin, J.L N Massey Y McBee Y McCall Y McClinton
McKinney N Millar N Mills N Mobley
Morris Y Mosley
Mueller E CWeal

JOURNAL OF THE HOUSE

N Orrock Y Parham Y Parrish N Parsons N Pelote N Pinholster N Poag
Ponder Y Porter
Powell Y Purcell N Ragas Y Randall Y Ray Y Reaves Y Reece N Reed N Reese Y Reichert

E Rice Y Richardson
Roberts Y Rogers Y Royal N Sanders
Sauder Scarlett Scheid Y Scott Shanahan Y Shaw N Shipp E Sholar Sims Sinkfield Y Skipper N Smith, B Y Smith, C

N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P
Smith, T N Smith, V Y Smyre N Snelling
Snow E Squires Y Stallings N Stancil
Stanley, P Stanley-Turner Stephens Y Stokes N Stuckey Taylor Y Teague

Y Teper Tillman
N Tolbert Y Trense
Turnquest Twiggs E Unterman Walker, L N Walker, R.L Y Watson Y West N Westmoreland N Whitaker N Wiles N Williams, J Williams, R Y Wix N Yates Murphy, Spkr

On the passage of the Bill, the ayes were 68, nays 60.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Reichert of the 126th gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 1455.
HB 1406. By Representatives Trense of the 44th, Sinkfield of the 57th and Smith of the 103rd:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide additional methods to remove county directors and district directors; to change the method of appointing district directors and county directors; to provide for annual reports and for appearances to answer certain questions.
The following Committee substitute was read and adopted:
A BILL
To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide additional methods to remove county directors and district directors; to change the method of appointing county directors; to provide for annual reports and for appearances to answer certain questions; to change the provisions regarding salaries of county department staff; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 7, 2000

1917

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Code Section 49-1-5, relating to suspension and removal of county board members, county directors, and other employees, and inserting in its place the following:
"49-1-5.

(a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty.
(b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal such director may have under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law."

SECTION 2.
Said title is further amended by striking subsection (a) of Code Section 49-3-3, relating to appointment of county director, and inserting in its place the following:

"(a) The commissioner shall obtain from the State Merit System of Personnel Administration a register of qualified applicants for the position of county director. Each county board of family and children services, upon procuring from the State Merit System of Personnel Administration a rcgiator of qualified applicanta for the position of county director commissioner that register, shall recommend from that register to the commissioner of human resources one name or more names for appointment to this the position of county director. The commissioner is designated as the appointing authority for the department and may accept or reject any such recommendation."
SECTION 3.
Said title is further amended by adding after Code Section 49-3-3 a new Code section to read as follows:

1918

JOURNAL OF THE HOUSE

"49-3-3.1.

(a) The county director of the department of family and children services of each county shall provide an annual report no later than December 31 of each year, beginning in the year 2000, to the county board, county commission, the director of the Division of Family and Children Services, and each member of the General Assembly whose legislative district includes any part of that county. The report shall include the following information for the 12 month period ending June 30 of that year:
(1) The number of children for whom the county department has received a complaint of child abuse pursuant to Code Section 19-7-5;
(2) General demographic data such as gender, race, and age regarding children specified in paragraph (1) of this Code section;
(3) The number of children taken into county department custody;
(4) The number of placements of children in county department custody by the type of placement;
(5) The length of time in county department custody by the number of children; and
(6) Any other information required by the director of the Division of Family and Children Services.
(b) A majority of the legislative delegation whose members are required to receive a report pursuant to subsection (a) of this Code section shall be authorized to require the director of the department of family and children services of the county which provided that report to appear before that delegation and to answer questions regarding that report and other matters relating to issues of child abuse and child protective services."
SECTION 4.
Said title is further amended by striking subsection (b) of Code Section 49-3-4, relating to appointment of staff, and inserting in its place the following:
"(b) The salaries of the members of the staff shall be fixed by the county board director in conformity with the salary schedule prescribed by the Department of Human Resources."
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:

N Alien Y Andersen Y Aahe
Y Bailey N Bannister
N Barnard

Y Barnes Y Benefield
Birdsong
Y Bohannon Y Bordeaux
Y Borders

N Bridges Y Brooks Y Brown
Y Buck Y Buckner
Y Bulloch

Y Bunn Y Burkhalter N Byrd
Y Callaway Y Campbell
N Cash

Y Channell Y Childers
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
Dean N DeLoach, B Y DeLoach, G N Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd N Franklin Y Golick N Graves Y Greene Y Grindley N Hammontree N Hanner
Harbin Y Harrell

TUESDAY, MARCH 7, 2000

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston N Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley E Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce Y Kaye N Lane N Lewis N Lord
Lucas Y Maddox N Mann Y Manning

Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris N Mosley
Mueller E O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster N Poag Y Ponder Y Porter Y Powell N Purcell Y Ragas Y Randall Y Ray N Reaves Y Reece

Y Reed N Reese Y Reichert E Rice Y Richardson Y Roberts N Rogers Y Royal N Sanders Y Sauder N Scarlett N 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 Y Smith, L.R Y Smith, P N Smith, T N Smith, V Y Smyre Y Snelling

1919
Snow Y Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor Y league Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest N Twiggs E Unterman Y Walker, L N Walker, H.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 125, nays 41.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Coan of the 82nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Birdsong of the 123rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1441. By Representative Murphy of the 18th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety.
The following Committee substitute was read: A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety, the Board of Motor Vehicle Safety, and the Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier and limousine carrier operations, regula-

1920

JOURNAL OF THE HOUSE

tion of driver training schools, and other laws related to motor vehicle safety formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for the selection, service, and powers and duties of the commissioner and employees of the department; to provide for rules and regulations and forms; to provide for administration; to authorize appropriation of funds; to provide for transfers of prior appropriations; to provide for transfers of personnel, equipment, and facilities; to provide for disposition of fines and forfeitures; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the transfer of law enforcement functions from the Department of Transportation to the Department of Motor Vehicle Safety and so as to provide for conforming amendments; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for indemnification of law enforcement officers of the Department of Motor Vehicle Safety who are killed or injured in the line of duty; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to to provide for the transfer from the Public Service Commission to the Department of Motor Vehicle Safety of functions relating to motor carriers and limousine carriers and so as to provide for conforming amendments and repeal of obsolete provisions; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions relating to collection of motor vehicle ad valorem taxes; to amend certain other provisions of the Official Code of Georgia Annotated so as to provide for conforming amendments; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI
SECTION 1-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding at its end a new Chapter 16 to read as follows:
"CHAPTER 16
40-16-1.
As used in this chapter, the term:
(1) 'Board' means the Board of Motor Vehicle Safety.
(2) 'Commissioner' means the commissioner of motor vehicle safety.
(3) 'Department' means the Department of Motor Vehicle Safety.
40-16-2.

(a) There is created the Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:
(1) Administration of the laws and regulations relating to registration and titling of motor vehicles, as provided for in Chapters 2 and 3 of Title 40;
(2) Administration of the laws and regulations relating to drivers' licenses, as provided for in Chapter 5 of Title 40;

TUESDAY, MARCH 7, 2000

1921

(3) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40;
(4) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32;
(5) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations of said requirements to the state revenue commissioner;
(6) Administration and enforcement of laws and regulations relating to motor carriers and limousine carriers as provided for in Chapter 7 of Title 46;
(7) Enforcement of all state laws but only on the following properties owned or controlled by the Department of Transportation or the State Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;
(8) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties;
(9) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
(10) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system;
(11) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system;
(12) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and
(13) Enforcement of any state law when ordered to do so by the Governor.
(b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department shall:
(1) Be authorized to carry firearms;
(2) Exercise arrest powers; and
(3) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter, including the power to stop and inspect motor vehicles and cargo of motor carriers, or otherwise to the extent needed to protect any life or property when the circumstances demand action.
(c) In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs.

1922

JOURNAL OF THE HOUSE

40-16-3.
(a) The department shall he under the direction, control, and management of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety. The commissioner shall be appointed by and serve at the pleasure of the board.
(b) The Board of Motor Vehicle Safety shall consist of nine members. Three members shall be appointed by the Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter; one member on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Three members shall be appointed by the Lieutenant Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter; one member on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Three members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter; one member on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed and qualified.
(c) The Governor shall designate a member to serve as chairperson of the board. The chairperson's term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business.
(d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a public officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21.
(e) The board shall be the general policy-making body for the Department of Motor Vehicle Safety; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect.
(f) The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
(g) The commissioner shall take and subscribe before the board an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.
40-16-4.
(a) The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.
(b) The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as

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he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the department's appropriation and the restrictions set forth by law.
(c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis.
(d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department.
(e) The commissioner shall delegate to such officers and employees of the department as he or she may designate the law enforcement powers and duties of the department as set out in Code Section 40-16-2. All officers and employees to whom such law enforcement powers and duties are delegated must be certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'
40-16-5.

(a) Subject to approval by the board, the commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer.
(b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer.
(c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(d) The following rules and regulations shall remain of full force and effect as rules and regulations of the Department of Motor Vehicle Safety until amended, repealed, or superseded by rules or regulations adopted by the commissioner of motor vehicle safety:
(1) All rules and regulations previously adopted by the Department of Transportation or the State Transportation Board or the commissioner of transportation which relate to functions transferred under this chapter from the Department of Transportation to the Department of Motor Vehicle Safety;
(2) All rules and regulations previously adopted by the Public Service Commission which relate to functions transferred under this chapter from the Public Service Commission to the Department of Motor Vehicle Safety; and
(3) All rules and regulations previously adopted by the Department of Public Safety or the commissioner of public safety which relate to functions transferred under this chapter from the Department of Public Safety to the Department of Motor Vehicle Safety.

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(a) The department shall be a budget unit to which funds may be appropriated as provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of motor vehicle safety shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.
(b) Appropriations to the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for functions transferred to the Department of Motor Vehicle Safety pursuant to this chapter may be transferred to the Department of Motor Vehicle Safety as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed by the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for such transferred functions shall likewise be transferred to the Department of Motor Vehicle Safety. Any disagreement between such departments as to any such transfers shall be determined by the Governor.
(c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the department's enforcement officers shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund and the Sheriffs' Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures."
PART II
SECTION 2-1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking Code Section 32-1-7, relating to disbursement of fines and forfeitures in cases brought by officers of the Department of Transportation, and inserting in its place a new Code section to read as follows:
"32-1-7.

Reserved. All finca and forfciturca collected for criminal violqtiona cited by the depart mcnt'a enforcement officers under authority of Code Sections 32 6 39 and 32-6-30 and any rulco and regulations pertaining thereto shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund of Gcor gia and the Sheriffs' Retirement Fund of Georgia, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the aamc manner and oub jcct to the aamc rulca of distribution aa other fines and forfeitures."
SECTION 2-2.
Said Title 32 is further amended by striking paragraph (15) of subsection (a) of Code Section 32-2-2, relating to the authority and duty to inspect for violations of motor vehi-

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1925

cle licensing and fuel tax registration requirements, and inserting in its place a new paragraph to read as follows:

"(15) Reserved; The deportment shall have the authority and duty relating to the inapcction for violations of motor vehicle licensing and fuel tax rogiatration require mcnts and the department ahall report violations of aoid rcquircmcnta to the rove nuc commiaaioncr;"

SECTION 2-3.

Said Title 32 is further amended by striking paragraph (1) of Code Section 32-6-2, relating to regulation of parking, and inserting in its place a new paragraph to read as follows:

"(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom law enforcement authority has been designated purauant to Code Section 33 6 20 finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer or employee is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion."

SECTION 2-4.

Said Title 32 is further amended by striking subsection (a.l) of Code Section 32-6-27, relating to enforcement of vehicle load limits, and inserting in its place a new subsection to read as follows:

"(a.!)(!)(A) The deportment Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 326-50.
(B) The department Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.

(2)(A) The department Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.l) of Code Section 32-4-91.

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(B) The department Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.l) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation."
SECTION 2-5.
Said Title 32 is further amended by striking subsections (c) through (i) of said Code Section 32-6-27 and inserting in their place new subsections (c) through (i) to read as follows:
"(c) Within 15 days after the issuance of the citation authorized in paragraph (4) of subsection (a) of Code Section 32-6-29, the owner or operator of any offending vehicle shall pay the amount of the assessment to the department Department of Motor Vehicle Safety or request an administrative determination of the amount and validity of the assessment. If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," and the department's rules and regulations of the Department of Motor Vehicle Safety. Any person who has exhausted all administrative remedies available within the department Department of Motor Vehicle Safety and who is aggrieved by a final order of the department Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50.
(d) All Code Section 48 2 17 to the contrary notwithstanding, all moneys collected in accordance with this Code section shall be transmitted to the trcaourcr of the department Department of Motor Vehicle Safety, thereafter to be disposed of as follows:
(1) All moneys collected for violations of the weight limitations imposed by this article shall be retained by the department to help defray the expenses of enforcing the weight, length, width, and height limitations act forth in this article and to bo uaod for highway maintenance purpoaca in addition to any sums appropriated therefor to the department remitted to the general fund of the state treasury; and
(2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county.
(e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.
(f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator has failed to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing such vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof.

TUESDAY, MARCH 7, 2000

1927

(g)(l) Whenever any person, firm, or corporation violates this article and becomes indebted to the department Department of Motor Vehicle Safety because of such violations and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the department Department of Motor Vehicle Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the departmcnt Department of Motor Vehicle Safety was created.
(2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act." In the event that the commioaioncr or hia dcaigncc, hearing officer, or others find administrative law judge finds in favor of the department Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days after the issuance of a final decision by the agency administrative law judge or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection.
(3) The department Department of Motor Vehicle Safety shall perfect the lien created under this subsection in the same manner as is provided for in subsection (b) of Code Section 40-3-50 and Code Section 40-3-53.
(h)(l) The department Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the department Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ of possession.
(2) The department Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition.
(3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.
(4) When an immediate writ of possession has been granted, the department Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14-269.
(i)(l) Whenever any person, firm, or corporation violates this article and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the department Department of Motor Vehicle Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department Department of Motor Vehicle Safety may notify the Department of Public Safety of auch faeta act to suspend the motor vehicle license plate of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the department Department of Motor Vehicle Safety may notify the Department of Public Safety shall act to suspend the li-

1928

JOURNAL OF THE HOUSE

cense plate only after the issuance of a final decision favorable to the department Department of Motor Vehicle Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon receipt of auch notification such failure to pay the assessment, the Department of Public Motor Vehicle Safety shall send a letter to the owner of such motor vehicle stating that the Department of Public Safety has been informed of the fact of such overdue assessment. Upon receipt of such letter from the Department of Public Motor Vehicle Safety, it shall be the duty of the owner of such vehicle to notify the Department of Public Motor Vehicle Safety, within 15 days of the date on which notification was mailed by the Department of Public Motor Vehicle Safety, as to whether the assessment has been paid. If such information is not received by the Department of Public Motor Vehicle Safety within the specified time period or if the assessment has not in fact been paid, the Department of Public Motor Vehicle Safety shall suspend the motor vehicle license plate issued to the motor vehicle involved in the overweight assessment citation and shall notify the owner of the motor vehicle that he or she must forward the motor vehicle license plate issued to such motor vehicle to the Department of Public Motor Vehicle Safety. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Public Motor Vehicle Safety, the commissioner of public motor vehicle safety shall return any motor vehicle license plate suspended under this subsection to the owner of such motor vehicle. In cases where the motor vehicle license plate has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Public Motor Vehicle Safety shall suspend the motor vehicle license plate for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $25.00 restoration fee to the Department of Public Motor Vehicle Safety.
(2) The Department of Public Motor Vehicle Safety, upon suspending the motor vehicle license plate, as provided for in this subsection, shall require that such plate be surrendered to the Department of Public Motor Vehicle Safety immediately following the effective date of suspension; and it is the duty of the owner, immediately upon receipt of notice from the Department of Public Motor Vehicle Safety, to forward the license plate to the Department of Public Motor Vehicle Safety.
(3) If such motor vehicle license plate is not received by the Department of Public Motor Vehicle Safety within ten days following the effective date of suspension, the commissioner of public motor vehicle safety shall forthwith direct any member of the Georgia State Patrol or any peace officer to secure possession of such plate and return the same to the commissioner of public motor vehicle safety.
(4) Unless otherwise provided for in this subsection, notice of the effective date of suspension shall occur when the driver received receives actual knowledge or legal notice thereof, whichever occurs first. For the purposes of making any determination under this article relating to the return of a suspended motor vehicle license plate, no period of suspension under this subsection shall begin until the plate is surrendered to the Department of Public Motor Vehicle Safety or to a court of competent jurisdiction under this subsection, whichever shall occur first. If the motor vehicle license plate is lost or for any other reason surrender to the Department of Public Motor Vehicle Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department.
(5) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle license plate.

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1929

(6) Any person violating the provisions of paragraph (2) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days.
(7) For the purposes of this subsection, where any provisions require the Department of Public Motor Vehicle Safety to give notice to a person, which notice affects such person's motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Public Motor Vehicle Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice."
SECTION 2-6.
Said Title 32 is further amended by striking Code Section 32-6-29, relating to law enforcement activities of the Department of Transportation, and inserting in its place a new Code section to read as follows:
"32-6-29.

(a) It ahall be the duty of the department to enforce this article and the liccnaing and fuel tax registration requirements contained in paragraph (16) of aubacction (a) of Code Section 83 2 3. To carry out this duty, the commiaaioncr ia authorized to appoint enforcement officers who shall have the power: The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article.
(1) To enforce all laws, rules, and regulations pertaining to this article and the liccnaing and fuel tax registration requirements contained in paragraph (16) of subsection (a) of Code Section 33-2-2;
(2) To prevent and detect aota which constitute civil or criminal violations of the laws, rulca, and regulations pertaining to this article and the licensing and fuel tax rcgiatration rcquircmcnta contained in paragraph (16) of aubacction (a) of Code Section 33 3 2;
(3) To arrest without warrant any person charged with criminal offcnaca appertain ing to the laws, rules, and regulations pertaining to this article and the licensing and fuel tax rcgiatration requirements contained in paragraph (16) of subsection (a) of Code Section 32 3 2; and
(4) To iaauc citations for civil damages to any person found violating the lawa, rules, and regulations pertaining to the weights of motor vehicles, trailers, and loads.
(b) The commissioner is authorized to appoint enforcement officers who ahall have, in addition to any powers or dutica created by any other law, the power; The Department of Transportation shall not, however, employ any law enforcement officers or agents. Responsibility for enforcement of this article shall be in the Department of Motor Vehicle Safety.
(1) To enforce all state laws and to arrest any person found to be violating any state law but only on the following properties owned or controlled by the department or the State Tollway Authority: rcat arcaa, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds) for public equipment and personnel used for or engaged in administration, eonatruction, or maintenance of the public roads or research pertaining thereto;

1930

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(2) To enforce Code Section 16-10 24, but only in thoac situationa involving the obstruction or hindrance of enforcement officers designated by the department in their official dutica and to arrcat any pcraon found to be violating Code Section 16 10 34 in this regard;
(3) To carry firearms issued or authorized by the department while in the perform ancc of their duties but only if such enforcement officers have been certified by the Georgia Peace Officer Standards and Training Council as having oucccaafully completed the course of training required by Chapter 8 of Title 36, the 'Georgia Peace Officer Standarda and Training Act';
(4) To direct and control traffic on any public road which is part of the state highway ayatcm but only in arcaa where maintenance and construction activities arc be ing performed and at secnca of acoidcnta and emergencies until local police officers or Georgia State Patrol officcra arrive and have the situation under control;
(6) To enforce, on any public road which ia part of the state highway ayatcm, Code Section 16-11 43 and to arrcot any pcroon found to be violating any provision of said Code Bcction;
(6) To enforce, on any public road which ia port of the atatc highway ayatcm, Code Section 16-7 43 and to arrcat any pcraon found to bo violating any proviaion of aaid Code section;
(7) To enforce, on any public road which in part of the state highway system, Code Section 16 7 24 and to arrcat any person found to be violating any proviaion of ooid Code acction; and
(8) To enforce any state law when ordered to do so by the Governor or protect any life or property when the circumstances demand action.
(c) These enforcement officers ahall have the full authority of peace officcra while in the performance of their dutica. Aa uacd in this aubacction, the term 'peace officer' means any person who by virtue of his or her office of public employment ia vcatcd by law with a duty to maintain public order or to make arrcata for offcnnca, whether that duty extends to all crimes or ia limited to specific offcnaca.
(d) Each pcraon designated by the commiaaioncr aa an enforcement officer ahall take an oath before an officer duly authorized to adminiotcr oatha. For each 3uch pcraon, the department ahall secure a bond of not leaa than $6,000.00 from a surety company liccnacd to tranaact buaincaa in thia atatc. Such bond ohall be conditioned upon the faithful performance of hia or her dutica and made payable to the commiaaioncr and hia or her aueccaaora in office."
SECTION 2-7.
Said Title 32 is further amended by striking Code Section 32-6-30, relating to weighing, measuring, and inspection of vehicles, and inserting in its place a new Code section to read as follows:
"32-6-30.

(a) Any law enforcement officer or employee of the department Department of Motor Vehicle Safety to whom law enforcement authority has been designated purauant to Code Section 32 6 20 who observes a motor vehicle being operated upon a. public road of the state and who has reason to believe that:

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1931

(1) Any provision of this article is being violated;

(2) The vehicle is improperly licensed in violation of Code Sections 48-10-1 through 48-10-12 ; or
(3) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Sections 48-939 and 48-11-14

is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Motor Vehicle Safety or the Department of Revenue as appropriate.

(b)(l) If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the depart mcnt Department of Motor Vehicle Safety authorized to enforce this article apprehends said operator for any violation of this article.
(2) In addition, the operator's driver's license or nonresident's driving privilege ahull may be suspended for a period of not more than 90 days by the Department of Publie Motor Vehicle Safety if the Department of Transportation ahall 30 request and present to the Department of Public Safety upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver's license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the department Department of Motor Vehicle Safety."
PART III
SECTION 3-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-1, relating to definitions applicable to vehicle registration, and inserting in its place a new Code section to read as follows:
"40-2-1.

As used in this chapter, the term:
(1) 'Commissioner' means the atatc revenue commissioner of motor vehicle safety.
(2) 'Department' means the Department of Motor Vehicle Safety.
(3X3) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he is absent, he has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident."

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SECTION 3-2.
Said Title 40 is further amended by striking subsection (e) of Code Section 40-2-21, relating to vehicle registration periods, and inserting in its place a new subsection to read as follows:
"(e) Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be verified to the Department of Revenue commissioner."
SECTION 3-3.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-2-23, relating to tax collectors and tax commissioners as tag agents, and inserting in its place a new subsection to read as follows:
"(b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled."
SECTION 3-4.
Said Title 40 is further amended by striking Code Section 40-2-24, relating to bonds of tag agents, and inserting in its place a new Code section to read as follows:
"40-2-24.

Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Revenue Department of Motor Vehicle Safety. The bond shall run to the Governor and his or her successors in office and shall be approved as to conditions, form, and sufficiency by the commissioner."
SECTION 3-5.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-2-27, relating to registration of certain vehicles not conforming to emissions standards, and inserting in its place a new subsection to read as follows:
"(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required

TUESDAY, MARCH 7, 2000

1933

by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 3-6.
Said Title 40 is further amended by striking paragraph (1) of subsection (c) of Code Section 40-2-33, relating to issuance of and fees for registration, and inserting in its place a new paragraph to read as follows:
"(c)(l) Any other provisions of any law of this state, whether general, special, or local, to the contrary notwithstanding, and except as provided in subsection (b) of this Code section and paragraph (2) of this subsection, the fees prescribed in subsection (b) of this Code section shall be retained by the tag agent appointed by the commissioner under this chapter and shall be his or her own personal compensation for the services rendered to the Department of Revenue in the administration of this chapter, regardless of whether such agent may otherwise be an elected or appointed official of the county, and regardless of whether as such county officer he or she is compensated for the performance of the duties of such office on a fee basis or salary basis, or combination thereof. It shall be his or her duty, however, as agent for the commissioner in the administration of the purposes of this chapter, to compensate any additional personnel which may be necessary to enable said agent to effectuate the provisions of this chapter and the rules and regulations promulgated under this chapter by the commissioner."
SECTION 3-7.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-2-34, relating to reports and remittances by tag agents, and inserting in its place a new subsection to read as follows:
"(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Rove HMC state is entitled. All tag reports of license applications handled and related sums of money to which the Department of Revenue state is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term "business week' shall mean Monday through Friday (or Saturday if applicable)."
SECTION 3-8.
Said Title 40 is further amended by striking subsections (a), (b), and (d) of Code Section 40-2-37, relating to registration of public vehicles, and inserting in their respective places new subsections to read as follows:
"(a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision

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to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Revenue of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced."
"(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Revenue commissioner shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates."
"(d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner for destruction. If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and furnished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the Department of Revenue commissioner. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered."
SECTION 3-9.
Said Title 40 is further amended by striking Code Section 40-2-44, relating to replacement plates and decals, and inserting in its place a new Code section to read as follows:
"40-2-44.

(a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff,

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1935

the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Motor Vehicle Division of the Department of Revenue commissioner with a fee of $8.00 to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee of $8.00 in which case the county tag agent is authorized to issue a replacement license plate or decal. In those instances in which a vehicle owner is unable to obtain a police report of such theft, loss, or mutilation of a license plate or revalidation decal, the owner shall be authorized to submit to the appropriate law enforcement agency or official and to either the Motor Vehicle Division of the Department of Revenue commissioner or to the county tag agent a sworn affidavit as to such theft, loss, or mutilation in lieu of a police report and obtain a replacement license plate or decal. The county tag agent shall be entitled to retain as compensation for issuance of a replacement license plate or decal the same commission as provided for issuance of a new license plate or decal under the terms and conditions provided in subsection (b) of Code Section 40-2-33.
(b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of a license plate or decal and submitting a copy of a police report, shall not apply.
(c) A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. A replacement license plate or revalidation decal when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the license plate or decal. The owner shall report the nonreceipt or loss of the license plate or decal to the appropriate law enforcement agency or official, including, but not limited to, a municipal or county police department or officer, the county sheriff, or the Department of Public Safety. Said owner shall obtain a copy of the police report on which the license plate or decal number is listed and shall submit such copy to the Motor Vehicle Division of the Department of Revenue commissioner. The owner shall not be charged a fee by the Department of Public Safety or the local law enforcement agency or official for a copy of such police report.
(d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
SECTION 3-10.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-2-60.1, relating to special license plates, and inserting in its place a new subsection to read as follows:
"(b) The commissioner of revenue is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of at least 500 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. The rules and regulations may provide for exceptions whereby a special plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily recognizable as Georgia license plates through the adoption of a standard design

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containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. Subject to the foregoing provisions of this subsection, the design of each special license plate shall be in the discretion of the atatc revenue commissioner."
SECTION 3-11.
Said Title 40 is further amended by striking Code Section 40-2-70, relating to special plates for certain disabled veterans, and inserting in its place a new Code section to read as follows:
"40-2-70.

Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Rove ae commissioner of motor vehicle safety indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 3-12.
Said Title 40 is further amended by striking subsection (f) of Code Section 40-2-76, relating to special plates for alternative fuel vehicles, and inserting in its place a new subsection to read as follows:
"(f) Notwithstanding the provisions of Code Section 40-2-131, the funds derived from the additional $25.00 annual registration fee provided by this Code section shall be transmitted from the commissioner of revenue to the treasurer of the Department of Transportation to be used to defray the expense of enforcing the designated travel lanes and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the department Department of Transportation."
SECTION 3-13.
Said Title 40 is further amended by striking Code Section 40-2-82, relating to plates for state troopers, and inserting in its place a new Code section to read as follows:

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"40-2-82.

The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the commissioner of revenue motor vehicle safety. License plates issued pursuant to this Code section need not contain a place for the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section."

SECTION 3-14.
Said Title 40 is further amended by striking paragraph (9) of Code Section 40-2-87, relating to definitions applicable to certain reciprocal agreements, and inserting in its place a new paragraph to read as follows:
"(9) 'Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the State of Georgia, the commissioner of revenue motor vehicle safety."

SECTION 3-15.
Said Title 40 is further amended by striking subsections (a) and (f) of Code Section 402-88, relating to agreements for apportionment of commercial vehicles, and inserting in their respective places new subsections to read as follows:
"(a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the Department of Revenue commissioner is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles."
"(f) Each motor carrier registered under the International Registration Plan shall maintain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the Department of Revenue commissioner for the reasonable administration of this chapter. If a registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which its true liability may be determined, the department commissioner may, 30 days after written demand for production of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at

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his or her own instance, information available to the commissioner concerning operations by similar registrants, and such other pertinent information as may be available to the commissioner."

SECTION 3-16.

Said Title 40 is further amended by striking paragraph (2) of subsection (c) of Code Section 40-2-130, relating to registration records, and inserting in its place a new paragraph to read as follows:

"(2) The owner of the vehicle. When the title or registration records of the Motor Vehicle Division of the Department of Revenue maintained by the commissioner have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;".

SECTION 3-17.

Said Title 40 is further amended by striking Code Section 40-2-134, relating to special agents and enforcement officers, and inserting in its place a new Code section to read as follows:
"40-2-134.

Persona Certified law enforcement officers appointed by the commissioner ao special agents or enforcement officers of the Department of Revenue are authorized to enforce the laws of this state relating to the licensing and registration of motor vehicles and are endowed with all the powers of a police officer of this state when engaged in the enforcement of said laws."

SECTION 3-18.

Said Title 40 is further amended by striking Code Section 40-2-136, relating to surrender of plates of habitual violators, and inserting in its place a new Code section to read as follows:
"40-2-136.

(a) If a person is convicted of violating Code Section 40-6-391 and the person's driver's license is suspended or revoked pursuant to Code Section 40-5-58, the court shall issue an order requiring that the license plate of the motor vehicle which such person was operating at the time of violating Code Section 40-6-391 be surrendered to the court, provided that such motor vehicle is registered in such person's name. In the event a person was operating a motor vehicle not registered in such person's name at the time of violating Code Section 40-6-391, the court shall issue an order requiring that the license plate of any motor vehicle registered in such person's name be surrendered to the court. The court shall notify the commissioner of public safety and the commis sioncr of revenue within ten days after issuing any such order. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt.

(b) Except as provided in subsection (c) of this Code section, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subsection (a) of this Code section until the driver's license of such person has been reissued or reinstated, and, except as provided in subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates.

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(c)(l) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner of public aofotyfor authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. Such license plate shall not, in and of itself, constitute probable cause to authorize a traffic stop, search of a motor vehicle, or seizure. The commissioner of public safety shall determine whether the applicant has a valid limited driving permit or probationary license or whether there is another member of such person's household who possesses a valid driver's license, and in no event shall such determination take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner of public safety, payment of a $20.00 fee for each vehicle for which a special plate is issued, and compliance by the applicant with all applicable state laws. The written authorization from the commissioner of public aofcty shall specify the maximum number of license plates a person may obtain.
(2) A motor vehicle owned or leased by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued subject to paragraph (1) of this subsection may not be sold or conveyed unless the commissioner of revenue determines, upon receipt of proper application, that the proposed sale or conveyance is in good faith, that the person subject to such court order will be deprived of custody or control of the motor vehicle, and that the sale or conveyance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner of revenue shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate.
(3) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued pursuant to paragraph (1) of this subsection is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the commissioner of revenue shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner.
(4) Upon full restoration of the driving privileges of a person subject to a court order under subsection (a) of this Code section, the commissioner of public safety shall authorize the person to apply for a regular issue license plate. The fee for a regular issue license plate shall be as provided by Code Section 48-10-2. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent.
(5) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of a license plate including, but not limited to, proof of financial responsibility.
(6) Display of a license plate issued pursuant to paragraph (1) of this subsection shall not constitute probable cause for stopping or detaining a vehicle.
(7) Any person aggrieved by a decision of the commissioner of public safety pursuant to paragraph (1) of this subsection may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the proceAducrt.e'"s required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure

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PART IV
SECTION 4-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraph (2) of Code Section 40-3-2, relating to definitions applicable to certificates of title, and inserting new paragraphs (2) and (2.1) to read as follows:
"(2) 'Commissioner' means the state revenue commissioner of motor vehicle safety.
(2.1) 'Department' means the Department of Motor Vehicle Safety."
SECTION 4-2.
Said Title 40 is further amended by striking subparagraph (B) of paragraph (14) of Code Section 40-3-4, relating to exclusions from title requirements, and inserting in its place a new subparagraph to read as follows:
"(B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 40-3-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The Deportment of Revenue department shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-3-28."
SECTION 4-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-3-6, relating to hearings, and inserting in its place a new subsection to read as follows:
"(a) A person aggrieved by an act or omission to act of the Department of Revenue department under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the Department of Revenue department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof."
SECTION 4-4.
Said Title 40 is further amended by striking paragraph (2) of subsection (d) of Code Section 40-3-23, relating to title records, and inserting in its place a new paragraph to read as follows:
"(2) The owner of the vehicle. When the title or registration records of the Motor Vc hide Division of the Department of Revenue department have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;".

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SECTION 4-5.
Said Title 40 is further amended by striking paragraph (2) of subsection (a) of Code Section 40-3-26, relating to delivery and disposition of titles, and inserting in its place a new paragraph to read as follows:
"(2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the Motor Vehicle Division of the Depart mcnt of Revenue department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38."
SECTION 4-6.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-3-30, relating to compliance with safety standards, and inserting in its place a new subsection to read as follows:
"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with federal safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 4-7.
Said Title 40 is further amended by striking subparagraph (a)(2)(D) of Code Section 403-36, relating to salvage vehicles, and inserting in its place a new subparagraph to read as follows:
"(D) The Department of Revenue department shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company."
SECTION 4-8.
Said Title 40 is further amended by striking Code Section 40-3-39, relating to compensation of tag agents, and inserting in its place a new Code section to read as follows:
"40-3-39.

The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23 and to allow such county tag agents to retain a fee therefor not in excess of 500 for each application handled, such fee to be disposed of as other tag fees retained by him or her as tag agent are disposed of in his or her

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county. Any applicant for a title shall have the right to mail the application directly to the Department of Revenue department."
SECTION 4-9.
Said Title 40 is further amended by striking 40-3-42, relating to timely submission of applications, and inserting in its place a new Code section to read as follows:
"40-3-42.

In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the Department of Rcvcue department."
PARTY
SECTION 5-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraphs (2), (3), (5), and (7) of Code Section 40-5-1, relating to definitions applicable to drivers' licenses, and inserting in their respective places new paragraphs to read as follows:
"(2) 'Board' mcana the Board of Public Safety Reserved.
(3) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Public Motor Vehicle Safety of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation."
"(5) 'Commissioner' means the commissioner of public motor vehicle safety."
"(7) 'Department' means the Department of Public Motor Vehicle Safety."
SECTION 5-2.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-2, relating to drivers' license records, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Safety department shall maintain records regarding the drivers' licenses and permits issued by the department under this chapter. The drivers' records maintained by the department shall include:
(1) A record of every application for a license received by it and suitable indexes containing:
(A) All applications granted; and
(B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action;

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(2) Drivers' records received from other jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; and
(3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2 , Code Section 40-5-75, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest."
SECTION 5-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-4, relating to license regulations, and inserting in its place a new subsection to read as follows:
"(a) The board commissioner is authorized to implement any and all provisions of this chapter by the promulgation of necessary rules and regulations. An express grant of authority to the board commissioner in any Code section to promulgate regulations shall not be construed as excluding such authority in any other Code section."
SECTION 5-4.
Said Title 40 is further amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to exemptions from licensure, and inserting in its place a new paragraph to read as follows:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school. As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Motor Vehicle Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal

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field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."
SECTION 5-5.
Said Title 40 is further amended by striking paragraph (3) of subsection (a) of Code Section 40-5-22, relating to requirements for licensure, and inserting in its place a new paragraph to read as follows:
"(3) The State Board of Education and the Board of Public Safety commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection."
SECTION 5-6.
Said Title 40 is further amended by striking Code Section 40-5-22.1, relating to reinstatement of certain license privileges, and inserting in its place a new Code section to read as follows:
"40-5-22.1.

Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court and pays a fee of $210.00 to the Department of Public Motor Vehicle Safety or $200.00 when such application is processed by mail. The court shall notify the Department of Public Motor Vehicle Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Motor Vehicle Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
SECTION 5-7.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-23, relating to classes of licenses, and inserting in its place a new subsection to read as follows:
"(b) Subject to this chapter, the board commissioner shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as it he or she believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his or her qualification according to the type or general class of license applied for."
SECTION 5-8.
Said Title 40 is further amended by striking the introductory language of subsection (a) of Code Section 40-5-25, relating to license applications and fees, and inserting in its place new language to read as follows:

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"Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety commissioner, not to exceed:".
SECTION 5-9.
Said Title 40 is further amended by striking subsection (c) of said Code Section 40-5-25 and inserting in its place a new subsection to read as follows:
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the department commissioner may require to determine the applicant's identity, competence, and eligibility. The department shall not issue a license until a complete examination of the applicant's record has been completed. The board commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."
SECTION 5-10.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-30, relating to restricted licenses, and inserting in its place a new subsection to read as follows:
"(a) Upon issuing a driver's license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The board commissioner may promulgate such rules and regulations as are necessary to implement this Code section."
SECTION 5-11.
Said Title 40 is further amended by striking Code Section 40-5-32, relating to expiration and renewal of licenses, and inserting in its place a new Code section to read as follows:
"40-5-32.
(a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b) of this Code section. Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) of this Code section on or before his or her birthday every four years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. The board commissioner shall issue such rules and regulations as are required to enforce this subsection.
(b) The department shall require every person applying for renewal of a driver's license to take and pass successfully such test of his or her eyesight as the department

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shall prescribe. At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The board commissioner may issue such rules and regulations as are necessary to implement this subsection."
SECTION 5-12.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-35, relating to medical qualifications, and inserting in their place new subsections to read as follows:
"(a) The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the Board of Public Safety commissioner may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles.
(b) All physicians licensed under Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders and disabilities defined by the Board of Public Safety commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely.
(c) All other persons licensed under Chapter 30 of Title 43 to diagnose and treat disorders defined by the Board of Public Safety commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely."
SECTION 5-13.
Said Title 40 is further amended by striking subsections (a) and (b) of Code Section 405-36, relating to veterans', honorary, and distinctive licenses, and inserting in their place new subsections to read as follows:
"(a) Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran's, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's, honorary, or distinctive license; provided, however, that the board commissioner may issue regulations on types and classes of vehicles which may be operated by the holder of such license.
(b) The beard commissioner shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's, honorary, or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature, provided that nothing in this subsection shall authorize the department to require any person holding a veteran's or honorary license before January 1, 1976, to surrender such license. Veterans', honorary, and distinctive licenses shall not be subject to any fees."
SECTION 5-14.
Said Title 40 is further amended by striking Code Section 40-5-50, relating to license cancellation, and inserting in its place a new Code section to read as follows:

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"40-5-50.
The department is authorized to cancel any driver's license or personal identification card issued by the Department of Public Safety department pursuant to Code Section 40-5-100 upon determining that the holder of such license or identification card was not entitled to the issuance thereof under this chapter or failed to give the required or correct information in the application for such license or identification card."
SECTION 5-15.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-53, relating to reports of convictions, and inserting in its place a new subsection to read as follows:
"(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same to the Department of Public Safety department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the Department of Public Safety department shall retain possession of any suspended drivers' licenses forwarded to it under this or any other provision of law if the license's expiration date, as shown on the driver's licsnse, is one year or more away. The department shall return the driver's original license upon payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department. No additional fee shall be required for the return of such original license. The department may destroy a suspended license if the license's expiration date, as shown on the license, is less than one year away."
SECTION 5-16.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-54, relating to mandatory license suspension, and inserting in its place a new subsection to read as follows:
"(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety department of the suspension of the defendant's driver's license. The period of suspension shall be determined by the Department of Public Safety department for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the Bepartmont of Public Safety department within ten days from the date of conviction. The Department of Public Safety department shall notify the defendant of the period of suspension at the address provided by the defendant."
SECTION 5-17.
Said Title 40 is further amended by striking subsection (e) of Code Section 40-5-54.1, relating to compliance with child support orders, and inserting in its place a new subsection to read as follows:
"(e) A person whose driver's license has been suspended pursuant to this Code section may apply to the Department of Public Safety department for a restricted driving permit as provided in Code Section 40-5-71."

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SECTION 5-18.
Said Title 40 is further amended by striking subsection (c) of Code Section 40-5-56, relating to response to citations, and inserting in its place a new subsection to read as follows:
"(c) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail to the Department of Public Safety department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter."
SECTION 5-19.
Said Title 40 is further amended by striking subparagraph (c)(l)(C) of Code Section 405-57, relating to license suspension, and inserting in its place a new subparagraph to read as follows:
"(C) A court may order a person to attend a driver improvement course for any violation for which points are assessed against a driver's license under this subsection or may accept the attendance by a person at a driver improvement clinic after the issuance of a citation for such offense and prior to such person's appearance before the court, in which event the court shall reduce the fine assessed against such person by 20 percent, and no points shall be assessed by the department against such driver. The disposition and court order shall be reported to the Department of Public Safety department and shall be placed on the motor vehicle record with a zero point count. This plea may be accepted by the court once every five years as measured from date of arrest to date of arrest."
SECTION 5-20.
Said Title 40 is further amended by striking subsection (d) of Code Section 40-5-57.1, relating to revocation of young drivers' licenses, and inserting in its place a new subsection to read as follows:
"(d) Any person whose driver's license is revoked under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a defensive driving program approved by the Deportment of Public Safety department and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63."
SECTION 5-21.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-558, relating to habitual violators, and inserting in their place new subsections to read as follows:
"(b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such

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person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of
such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall, when declaring a defendant to be a habitual violator, then give personal notice to such defendant on forms provided by the Department of Public Safety department that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the Department of Public Safety department the order declaring that the defendant is a habitual violator, the notice of service, with the defendant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the Department of Public Safety's department's copy of the uniform citation or the official notice of conviction attached thereto.

(c)(l) Except as provided in paragraph (2) of this subsection or in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the Deportment of Public Safety department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the Department of Public Safety department has issued such person a driver's license shall be guilty of a misdemeanor.

(2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both."

SECTION 5-22.

Said Title 40 is further amended by striking subparagraph (e)(l)(C) of said Code Section 40-5-58, and inserting in its place a new subparagraph to read as follows:

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"(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the Department of Public Safety department;".
SECTION 5-23.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-61, relating to surrender and return of licenses, and inserting in its place a new subsection to read as follows:
"(a) The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to the department and be processed in accordance with the rules and regulations of the Department of Public Safety department."
SECTION 5-24.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-63, relating to periods of suspension, and inserting in its place a new subsection to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety department for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-554 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-

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6-391.1, the record of such disposition of the case to the Department of Public Safety department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense 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, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety department for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense 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, such person shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."
SECTION 5-25.
Said Title 40 is further amended by striking subsections (e) and (f) of said Code Section 40-5-63 and inserting in their place new subsections to read as follows:
"(e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the Department of Public Safety department for reinstatement of said driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Re-

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duction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing.
(f) The driver's license of any person who is convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the Department of Public Safety department for reinstatement of his or her driver's license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended."
SECTION 5-26.
Said Title 40 is further amended by striking Code Section 40-5-63.1, relating to substance abuse evaluation and treatment programs, and inserting in its place a new Code section to read as follows:
"40-5-63.1.

In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions of violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Public Safety department prior to license reinstatement, issuance, or restoration. Any person who is otherwise eligible for license reinstatement at the end of 120 days under paragraph (2) of subsection (a) of Code Section 40-5-63 and who has enrolled in but not completed a substance abuse treatment program may, at the end of such 120 day period, apply for a limited driving permit. Proof of such enrollment must be submitted with the application for a limited driving permit. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."
SECTION 5-27.
Said Title 40 is further amended by striking subsection (i) of Code Section 40-5-64, relating to limited driving permits, and inserting in its place a new subsection to read as follows:
"(i) Rules and regulations. The board commissioner may promulgate such rules and regulations as are necessary to implement this Code section."

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1953

SECTION 5-28.

Said Title 40 is further amended by striking Code Section 40-5-67, relating to seizure of licenses in certain circumstances, and inserting in its place a new Code section to read as follows:
"40-5-67.

(a) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the Department of Public Safety department. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit;

(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 405-67.1, the officer shall issue a 180 day temporary driving permit.
This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety department, at its sole discretion, may delay the expiration date of the temporary driving permit, but in no event shall this delay extend beyond the date when such person's driving privilege is suspended or revoked under any provision of this title. The department shall by rules and regulations establish the conditions under which the expiration of the temporary permit may be delayed.
(c)(l) If the person is convicted of violating or enters a plea of nolo contendere to a charge of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the disposition of the case to the Bepartmcnt of Public Safety department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.

(2) If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety department for disposition."

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SECTION 5-29.
Said Title 40 is further amended by striking subsection (d) of Code Section 40-5-67.1, relating to implied consent testing, and inserting in its place a new subsection to read as follows:
"(d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the Department of Public Safety department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter."
SECTION 5-30.
Said Title 40 is further amended by striking paragraph (1) of subsection (f) of said Code Section 40-5-67.1 and inserting in its place a new paragraph to read as follows:
"(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section."
SECTION 5-31.
Said Title 40 is further amended by striking paragraph (4) of subsection (g) of said Code Section 40-5-67.1 and inserting in its place a new paragraph to read as follows:
"(4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An accepted plea of nolo contendere shall be entered on the driver's li-

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cense record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the Department of Public Safety department to the licensee."
SECTION 5-32.
Said Title 40 is further amended by striking the introductory language of subsection (i) of said Code Section 40-5-67.1 and inserting in its place new language to read as follows:
"Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (g) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety commissioner shall provide by rules or regulations of said board. The Board of Public Safety commissioner shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:".
SECTION 5-33.
Said Title 40 is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-67.2, relating to licensing suspensions involving implied consent testing, and inserting in their place new paragraphs to read as follows:
"(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the Bepartmcnt of Public Safety department for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.
(2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the Department of Public Safety department for reinstatement of the person's driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become

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valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee."
SECTION 5-34.
Said Title 40 is further amended by striking Code Section 40-5-69, relating to effect of physical surrender of suspended license, and inserting in its place a new Code Section to read as follows:
"40-5-69.

If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 40-5-67.2, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety department as provided in Code Section 40-5-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension."
SECTION 5-35.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-71, relating to cancellation of insurance, and inserting in its place a new subsection to read as follows:
"(a)(l) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Department of Public Safety department in the form specified by the department of such cancellation and the reason for such cancellation. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. The commissioner of public motor vehicle safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Motor Vehicle Safety by any insurer in violation of the regulation of the Department of Public Motor Vehicle Safety defining a cancellation and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Motor Vehicle Safety shall, by regulation, define cancellation for the purposes of insurers sending the notices required by this Code section and the department's definition shall in no way be construed as modifying the provisions of Code Section 33-24-45.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Public Motor Vehicle Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation."

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SECTION 5-36.
Said Title 40 is further amended by striking subsection (d) of said Code Section 40-5-71 and inserting in its place a new subsection to read as follows:
"(d) A person whose driver's license has been suspended pursuant to Code Section 405-70, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-6-10 may apply to the Department of Public Safety department for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered may apply to the department for a restricted driving permit immediately following the conviction or suspension."
SECTION 5-37.
Said Title 40 is further amended by striking suparagraph (f)(2)(F) of said Code Section 40-5-71 and inserting in its place a new subparagraph to read as follows:
"(F) Such other conditions as the Department of Public Safety department may require."
SECTION 5-38.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-72, relating to surrender of suspended licenses, and inserting in its place a new subsection to read as follows:
"(b) If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the department. The person whose driver's license and, where applicable, license tag and tag registration have been suspended shall surrender such items to any member of the Georgia State Patrol or any peace officer upon demand."
SECTION 5-39.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-75, relating to license suspension for certain drug and alcohol violations, and inserting in their place new subsections to read as follows:
"(a) The driver's license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety department for reinstatement of

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his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Pub 1 lie Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense 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, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense 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, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety department for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment program. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety department;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he or she is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner.

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(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety department within ten days after the conviction. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver's license.
(c)(l) The decision to accept a plea of nolo contendere to a misdemeanor charge of unlawful possession of less than one ounce of marijuana shall be at the sole discretion of the judge. If a plea of nolo contendere is accepted as provided in this subsection, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a DUI Alcohol or Drug Use Risk Reduction Program. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit evidence of such completion to the Department of Public Safety department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her driver's license shall be suspended, by operation of law, as provided in this Code section. The record of the disposition of the case shall be forwarded to the Depart mcnt of Public Safety department.
(2) If a plea of nolo contendere is accepted and the defendant's driver's license has not been suspended under any other provision of this title and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, the court shall, subject to paragraph (1) of this subsection, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety department."
SECTION 5-40.
Said Title 40 is further amended by striking Code Section 40-5-80, relating to purposes of the "Georgia Driver Improvement Act," and inserting in its place a new Code section to read as follows:
"40-5-80.
The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Public Motor Vehicle Safety and the Department of Human Resources, as applicable, shall:

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(1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the Board of Public Safety commissioner of motor vehicle safety and shall, as best as the board commissioner shall determine, approximate the expense incurred by the Department of Public Motor Vehicle Safety in consideration of an application. These licenses shall be valid for a period of two years unless suspended or revoked prior to the expiration of that time period; and
(2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of public motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the Department of Public Motor Vehicle Safety or the Department of Human Resources, as applicable, and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the Board of Public Safety commissioner of motor vehicle safety or the Board of Human Resources, as applicable; however, in no event shall this amount be less than $2,500.00. If at any time said bond is not valid and in force, the license of the clinic or program shall be deemed suspended by operation of law until a valid surety company bond is again in force."
SECTION 5-41.
Said Title 40 is further amended by striking subsection (c) of Code Section 40-5-81, relating to optional program nature, and inserting in its place a new subsection to read as follows:
"(c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the Department of Public Motor Vehicle Safety or the Department of Human Resources to directly or indirectly solicit business by personal solicitation on public property, by phone or mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection."
SECTION 5-42.
Said Title 40 is further amended by striking subsections (a) and (d) of Code Section 405-82, relating to administration of the driver improvement program, and inserting in their respective places new subsections to read as follows:
"(a) The Driver Improvement Program created by this article shall be administered by the commissioner of public motor vehicle safety. The Board of Public Safety commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article."
"(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Public Motor Vehicle Safety."

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1961

SECTION 5-43.

Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-83, relating to clinics and programs, and inserting in their place new subsections to read as follows:

"(a)(l) The commissioner of public motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. Approved clinics may charge a fee of not more than $60.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.

(2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course.

(b)(l) The commissioner of public aafcty shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States.

(2) Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section.

(c) The commissioner of public aafcty shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behindthe-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."

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SECTION 5-44.
Said Title 40 is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in its place a new Code section to read as follows:
"40-5-88.

As an alternative to criminal or other civil enforcements enforcement, the commissioner of public motor vehicle safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. 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, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public motor vehicle safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public motor vehicle safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and 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 the court. 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 such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
SECTION 5-45.
Said Title 40 is further amended by striking the introductory language of subsection (a) of Code Section 40-5-100, relating to issuance of identification cards, and inserting in its place new language to read as follows:
"The Department of Public Safety department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-526. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information:".
SECTION 5-46.
Said Title 40 is further amended by striking subsection (b) of said Code Section 40-5100, and inserting in its place a new subsection to read as follows:
"(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification

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1963

card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
SECTION 5-47.
Said Title 40 is further amended by striking Code Section 40-5-101, relating to rules and regulations, and inserting in its place a new Code section to read as follows:
"40-5-101.

The Board of Public Safety commissioner shall promulgate rules and regulations under which this article shall be implemented and administered."
SECTION 5-48.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-103, relating to fees for identification cards, and inserting in its place a new subsection to read as follows:
"(b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the Department of Public Safety department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements."
SECTION 5-49.
Said Title 40 is further amended by striking paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving with a suspended or revoked license, and inserting in its place a new paragraph to read as follows:
"(1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-5-56 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the Uniform Citation uniform citation. If the suspension or disqualification is verified and the driver possesses a driver's license, the license shall be confiscated and mailed to the Department of Public Safety department. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the driver's license, if available, to the copy of service and send it to the Department of Public Safety department."
SECTION 5-50.
Said Title 40 is further amended by striking Code Section 40-5-125, relating to crimes of falsification, and inserting in its place a new Code section to read as follows:
"40-5-125.
It is a misdemeanor for any person to:
(1) Display, cause or permit to be displayed, or have in his or her possession any fictitious, fraudulent, or altered driver's license or identification card;

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(2) Use a false or fictitious name or provide any other false information in any application for a driver's license or identification card;
(3) Procure, secure, or assist another person in the procuring or securing of a fraudulent driver's license or identification card;
(4) Alter any driver's license or identification card such that the information on the license is false or fictitious;
(5) Sell or deliver any false, fictitious, or altered driver's license or identification card;
(6) Lend his or her driver's license or identification card to any other person or permit knowingly the use thereof by another person;
(7) Display or represent as his or her own any driver's license or identification card not issued to him or her; or
(8) Conceal a material fact in any application for a driver's license or identification card.
Any employee of the Department of Public Safety department who knowingly violates and is convicted of violating this Code section shall also be guilty of the offense of violating his or her public position and, upon conviction, shall be punished as for such separate and additional violation."
SECTION 5-51.
Said Title 40 is further amended by striking paragraph (7) of Code Section 40-5-142, relating to definitions applicable to commercial drivers' licenses, and inserting in its place a new paragraph to read as follows:
"(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
(B) If the vehicle is designed to transport 16 or more passengers, including the driver; or
(C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F;
provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation shall supersede state law in authorizing the Department of Public Safety Department of Motor Vehicle Safety to exempt said classes."

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1965

SECTION 5-52.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-144, relating to notices required of commercial drivers, and inserting in its place a new subsection to read as follows:
"(a) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify the Department of Public Safety department in the manner specified by the department within 30 days of the date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to notify the department shall be waived."
SECTION 5-53.
Said Title 40 is further amended by striking subsections (a) and (b) of Code Section 405-147, relating to requirements for issuance of licenses and permits, and inserting in their place new subsections to read as follows:
"(a)(l) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the Department of Public Safety department in English only.
(2) The Deportment of Public Safety department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:
(A) The test is the same which would otherwise be administered by the state;
(B)The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C.F.R. Part 383.75; and
(C) The third party complies with all other requirements set by the Department of Public Safety department by regulations.
(b) The Department of Public Safety department may waive the skills test specified in this Code section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. Part 383.77."
SECTION 5-54.
Said Title 40 is further amended by striking Code Section 40-5-148, relating to nonresident commercial drivers' licenses, and inserting in its place a new Code section to read as follows:

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"40-5-148.

The Department of Public Safety department may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383. The word 'nonresident' must appear on the face of the nonresident commercial driver's license. An applicant must surrender any nonresident commercial driver's license issued by another state. Prior to issuing a nonresident commercial driver's license, the department must establish the practical capability of revoking, suspending, and canceling the nonresident commercial driver's license and disqualifying that person from driving a commercial motor vehicle under the same conditions applicable to the commercial driver's license issued to a resident of this state."

SECTION 5-55.

Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-148.1, relating to restricted commercial licenses for agriculture, and inserting in its place a new subsection to read as follows:

"(a) Pursuant to a waiver of the United States Secretary of Transportation, issued April 17, 1992, the Department of Public Safety department is authorized to issue Class B or Class C restricted commercial drivers' licenses to certain persons employed in the agricultural industry. Such restricted licenses shall be issued annually but shall not be valid for more than a total of 180 days in a 12 month period."

SECTION 5-56.

Said Title 40 is further amended by striking paragraph (8) of subsection (a) of Code Section 40-5-149, relating to commercial drivers' license applications, and inserting in its place a new paragraph to read as follows:
"(8) Any other information required by the Department of Public Safety department; and".
SECTION 5-57.

Said Title 40 is further amended by striking paragraph (5) of subsection (a) of Code Section 40-5-150, relating to contents of commercial drivers' licenses, and inserting in its place a new paragraph to read as follows:
"(5) The person's social security number if such person has requested the use of such social security number on such license or another number or identifier deemed appropriate by the Department of Public Safety department;".

SECTION 5-58.

Said Title 40 is further amended by striking subsections (e) and (f) of said Code Section 40-5-150 and inserting in their place new subsections to read as follows:

"(e) Before issuing a commercial driver's license, the Department of Public Safety department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed within the past five years.

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(f) Within ten days after issuing a commercial driver's license, thcDopartmcnt of Public Safety department shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee."
SECTION 5-59.
Said Title 40 is further amended by striking subsections (d) through (h) of Code Section 40-5-151, relating to disqualification from commercial driving, and inserting in their place new subsections to read as follows:
"(d) The Department of Public Safety department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years.
(e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(f) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.
(g)(l) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:
(A) First violation - a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year;
(B) Second violation - a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and
(C) Third or subsequent violation - a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.
(2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner or board.
(h) After suspending, revoking, or canceling a commercial driver's license, the Depart mont of Public Safety department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the Department of Public Safety department shall notify the licensing authority of the state which issued the commercial driver's license within ten days."

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SECTION 5-60.
Said Title 40 is further amended by striking subsections (d) and (e) of Code Section 405-153, relating to implied consent for testing, and inserting in their place new subsections to read as follows:
"(d) If the person refuses testing, the law enforcement officer must submit an affidavit to the Department of Public Safety department within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing.
(e) Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the Department of Public Safety department must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-67.1. If the driver is in possession of a driver's license, the officer shall take possession of the license and attach it to the affidavit."
SECTION 5-61.
Said Title 40 is further amended by striking Code Section 40-5-154, relating to notice of conviction to licensing states, and inserting in its place a new Code section to read as follows:
"40-5-154.

Within ten days after receiving a report of the conviction of any nonresident holder of a commercial driver's license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Department of Public Safety department shall notify the licensing state of such conviction."
SECTION 5-62.
Said Title 40 is further amended by striking Code Section 40-5-155, relating to access to commercial drivers' license information, and inserting in its place a new Code section to read as follows:
"40-5-155.

Notwithstanding any other provision of law to the contrary, the Department of Public Safety department shall furnish full information regarding the driving record of any person to:
(1) The driver's license administrator of any other state or of any province or territory of Canada requesting that information;
(2) Any employer or prospective employer upon the request of such employer and the payment of a fee of not more than $10.00; and
(3) Insurers upon request and payment of a fee of not more than $10.00."

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SECTION 5-63.
Said Title 40 is further amended by striking Code Section 40-5-156, relating to rules applicable to commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-156.

The Board of Public Safety commissioner may adopt any rules and regulations necessary to carry out the provisions of this article."
SECTION 5-64.
Said Title 40 is further amended by striking Code Section 40-5-157, relating to agreements relating to commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-157.

The commissioner of the Department of Public Safety or his or her designee may enter into or make agreements, arrangements, or declarations to carry out the provisions of this article."
SECTION 5-65.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-5159, relating to violations involving commercial driving, and inserting in their place new subsections to read as follows:
"(b) Any employer who reports fraudulent information to the Department of Public Safety department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.
(c) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The Department of Pub lie Safety department shall suspend the commercial driver's license or commercial driving privilege of such driver for a period of six months."
SECTION 5-66.
Said Title 40 is further amended by striking Code Section 40-5-171, relating to identification cards for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-5-171.

(a) The Department of Public Safety department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information:
(1) Full legal name;

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(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Date identification card expires;
(6) Sex;
(7) Height;
(8) Weight;
(9) Eye color;
(10) Location where the identification card was issued;
(11) Signature of person identified or facsimile thereof;
(12) Fingerprint of person identified; and
(13) Such other information as required by the department.
(b) The identification card for persons with disabilities shall bear the signatures of the commissioner of public aofcty and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
SECTION 5-67.
Said Title 40 is further amended by striking Code Section 40-5-176, relating to rules applicable to identification cards for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-5-176.
The Board of Public Safety commissioner shall promulgate rules and regulations under which this article shall be implemented."
PART V-A
SECTION 5A-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-6-12, relating to repeated violation of proof of insurance requirements, and inserting in its place a new Code section to read as follows:
"40-6-12.
(a) Any person convicted of a second or subsequent violation of Code Section 40-6-10 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the department Department of Motor Vehicle Safety and maintain

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for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment.
(b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department Department of Motor Vehicle Safety is given at least 30 days' prior written notice of such cancellation."
SECTION 5A-2.
Said Title 40 is further amended by striking paragraph (1) of Code Section 40-6-221, relating to definitions applicable to parking for persons with disabilities, and inserting in its place a new paragraph to read as follows:
"(1) 'Counterfeit' means any copy of any kind of parking permit for persons with disabilities which is not authorized by and does not carry the official seal of the Department of Public Motor Vehicle Safety."
SECTION 5A-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-6-222, relating to parking permits for persons with disabilities, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Motor Vehicle 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 by regulation require such proof of disability or incapacity as may be 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 dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual 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 and the license number of the particular vehicle 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."
SECTION 5A-4.
Said Title 40 is further amended by striking Code Section 40-6-223, relating to fees for parking permits for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-6-223.

The Department of Public Motor Vehicle Safety shall not charge or collect any fee for issuing parking permits for persons with disabilities under this part."
SECTION 5A-5.
Said Title 40 is further amended by striking Code Section 40-6-277, relating to reports of fatal accidents, and inserting in its place a new Code section to read as follows:

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"40-6-277.
Every sheriff shall, on or before the tenth day of each month, report in writing to the Department of Public Motor Vehicle Safety the death of any person within his or her jurisdiction during the preceding calendar month as the result of a traffic accident known to him or her, giving the time and place of the accident and the circumstances relating thereto."
SECTION 5A-6.
Said Title 40 is further amended by striking Code Section 40-6-278, relating to uniform accident reporting, and inserting in its place a new Code section to read as follows:
"40-6-278.
The Board of Public Safety commissioner of motor vehicle safety shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The Board of Public Safety commissioner may, by rule, require additional investigation or reports in case of serious bodily injury or death."
SECTION 5A-7.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-6-296, relating to bicycle safety equipment, and inserting in its place a new subsection to read as follows:
"(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Public Motor Vehicle Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector."
SECTION 5A-8.
Said Title 40 is further amended by striking Code Sections 40-6-315 and 40-6-316, relating to head and eye protection for motorcycle operators and passengers and rules and regulations, and inserting in their place new Code sections to read as follows:
"40-6-315.
(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the Board of Public Safety commissioner of motor vehicle safety.
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the Board of Public Safety commissioner of motor vehicle safety.

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(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.
(d) The Board of Public Safety commissioner of motor vehicle safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The Board of Public Safety commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it.
40-6-316.
The Board of Public Safety commissioner of motor vehicles safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles."
SECTION 5A-9.
Said Title 40 is further amended by striking Code Section 40-6-330, relating to operation of motorized carts, and inserting in its place a new Code section to read as follows:
"40-6-330.
Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public motor vehicle safety."
SECTION 5A-10.
Said Title 40 is further amended by striking Code Section 40-6-352, relating to protective headgear for operation of mopeds, and inserting in its place a new Code section to read as follows:
"40-6-352.

(a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet.
(b) The commissioner of motor vehicle safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish lists by name and type of all protective headgear which have been approved by him or her."
SECTION 5A-11.
Said Title 40 is further amended by striking Code Section 40-6-354, relating to rules for operation of mopeds, and inserting in its place a new Code section to read as follows:

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"40-6-354.
The Board of Public Safety commissioner of motor vehicle safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds."
SECTION 5A-12.
Said Title 40 is further amended by striking Code Section 40-6-391.1, relating to pleas of nolo contendere in driving under the influence cases, and inserting in its place a new Code section to read as follows:
"40-6-391.1.
(a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended.
(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:
(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and
(2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Motor Vehicle Safety.
(c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere.
(d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Patelie Motor Vehicle Safety within ten days after disposition.
(e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendant's driver's license shall be forwarded to the Department of Public Motor Vehicle Safety as provided in subsection (c) of Code Section 40-5-67."
PART V-B
SECTION 5B-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (d) of Code Section 40-8-73.1, relating to tinting of vehicle windows, and inserting in its place a new subsection to read as follows:

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"(d) The Department of Public Motor Vehicle Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Public Motor Vehicle Safety."
SECTION 5B-2.
Said Title 40 is further amended by striking paragraphs (2) and (3) of subsection (e) of Code Section 40-8-76.1, relating to seat belt use requirements, and inserting in their place new paragraphs to read as follows:
"(2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Motor Vehicle Safety.
(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Public Motor Vehicle Safety."
SECTION 5B-3.
Said Title 40 is further amended by striking subsections (a) and (d) of Code Section 408-78, relating to safety glazing for motor vehicles, and inserting in their respective places new subsections to read as follows:
"(a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing materials of a type approved by the commissioner of public motor vehicle safety wherever glazing materials are used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing materials shall apply to all glazing materials used in doors, windows, and windshields in the drivers' compartments of such vehicles."
"(d) The commissioner of public motor vehicle safety shall compile and publish a list of types of glazing materials by name approved by him or her as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he or she shall thereafter suspend the re-

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gistration of any motor vehicle so subject to this Code section which he or she finds is not so equipped until it is made to conform to the requirements of this Code section."
SECTION 5B-4.
Said Title 40 is further amended by striking subsections (a) and (f) of Code Section 40-8220, relating to school bus safety inspections, and inserting in their respective places new subsections to read as follows:
"(a) Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner of public motor vehicle safety, under the supervision of an employee of the Department of Public Motor Vehicle Safety."
"(f) The Board of Public Safety commissioner of motor vehicle safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law."
PART VI
SECTION 6-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraphs (2) and (3) of Code Section 40-9-2, relating to definitions applicable to financial responsibility for motor vehicle accidents, and inserting in their place new paragraphs to read as follows:
"(2) 'Commissioner' means the commissioner of public motor vehicle safety.
(3) 'Department' means the Department of Public Motor Vehicle Safety."
SECTION 6-2.
Said Title 40 is further amended by striking Code Section 40-9-31, relating to submission of accident reports, and inserting in its place a new Code section to read as follows:
"40-9-31.

Each local law enforcement agency shall submit to the Department of Public Motor Vehicle Safety the original document of any accident report prepared by such local law enforcement agency or submitted to such agency by a member of the public. A local law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the department has first given approval to the reporting agency for the electronic reporting method utilized. The local law enforcement agency shall retain a copy of each accident report. All such reports shall be submitted to the department not more than 15 days following the end of the month in which such report was prepared or received by such local law enforcement agency."
PART VII
SECTION 7-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Chapter 11, relating to abandoned and improperly identified vehicles, and inserting in its place a new chapter to read as follows:

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40-11-1.

"CHAPTER 11 ARTICLE 1

As used in this article, the term:
(1) 'Abandoned motor vehicle' means a motor vehicle or trailer:
(A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;
(B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom enforcement authority has been designated pursuant to Code Section 32-6-29 may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion;

(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto;

(D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without the owner's having made claim thereto; or
(E) Which has been left unattended on private property for a period of not less than 30 days without anyone's having made claim thereto.

(2) 'Motor vehicle' or Vehicle' means motor vehicle or trailer.

(3) 'Owner' means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Revenue Motor Vehicle Safety.
40-11-2.

(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting removal of such or from such officer's agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.

(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle or some

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person acting for the owner is not present, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under this chapter unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed.
(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Revenue Motor Vehicle Safety with a research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue Motor Vehicle Safety, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the commissioner Department of Motor Vehicle Safety is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the commissioner Department of Motor Vehicle Safety together with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue Motor Vehicle Safety. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Rove ae Motor Vehicle Safety. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the

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location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) The Department of Revenue Motor Vehicle Safety shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Revenue Motor Vehicle Safety.
(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue Motor Vehicle Safety if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue Motor Vehicle Safety, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, shall not be entitled to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13.
(1) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
40-11-3.

(a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle.
(b) Any law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 who finds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses

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a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion.
(c) Any peace officer who, under this Code section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
(d)(l) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown attempt to determine vehicle ownership through official inquiries to the Department of Revenue Motor Vehicle Safety vehicle registration and vehicle title files. These inquiries shall be made from authorized criminal justice information system network terminals.
(2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact.
(3) Law enforcement agencies shall make record entries in Georgia criminal justice information system files through authorized criminal justice information system network terminals after an unsuccessful attempt to obtain vehicle ownership information and shall remove the record entries when ownership is determined.
40-11-3.1.
(a) It shall be the duty of any peace officer who discovers a motor vehicle which has been left unattended on a public street, road, or highway or other public property to immediately perform an unattended vehicle check on such motor vehicle, unless there is displayed on such motor vehicle an unattended vehicle check card indicating that another peace officer has already performed such an unattended vehicle check. For purposes of this Code section, an unattended vehicle check shall consist of such actions as are reasonably necessary to determine that the unattended vehicle does not contain an injured or incapacitated person and to determine that the unattended vehicle does not pose a threat to public health or safety.
(b) A peace officer completing an unattended vehicle check shall complete and attach to the vehicle an unattended vehicle check card. Unattended vehicle check cards shall be in such form, and shall be attached to vehicles in such manner, as may be specified by rule or regulation of the Department of Public Safety; and to the extent that sufficient funds are available to the department, the department may distribute such forms free of charge to law enforcement agencies in this state. Unattended vehicle check cards shall be serially numbered; shall be of a distinctive color and shape, so as to be readily visible to passing motorists; and shall contain spaces for the investigating police officer to indicate the location of the vehicle, the date and time of the completion of the unattended vehicle check, and the name of such peace officer's law enforcement agency. A detachable stub, which shall be filed with the investigating peace officer's law enforcement agency, shall bear the same serial number and shall contain the same information, together with the identity of the investigating peace officer and

TUESDAY, MARCH 7, 2000

1981

the license plate number and other pertinent identifying information relating to the abandoned vehicle.
(c) Nothing in the Code section shall limit the otherwise applicable authority of a peace officer to have an unattended motor vehicle removed to a garage or other place of safety.
(d) It shall be unlawful for any person other than a peace officer to attach a genuine or counterfeit unattended motor vehicle check card to a motor vehicle; and any person convicted of violating this subsection shall be guilty of a misdemeanor.
40-11-4.

(a) Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage plus the cost of any notification or advertisement. Such lien shall exist if the person moving or storing such vehicle is in compliance with Code Section 40-11-2.
(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
40-11-5.

All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention;
(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his or her signature thereto.
(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted;

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(4)(A) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted;
(5) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action;
(6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained;
(7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
(8) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle;
(9) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he or she shall have the right to possession of the vehicle, and his or her security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle.

TUESDAY, MARCH 7, 2000

1983

40-11-6.

(a) Upon order of the court, the person holding the lien on the abandoned motor vehicle shall be authorized to sell such motor vehicle at public sale, as defined by Code Section 11-1-201.
(b) After satisfaction of the lien, the person selling such motor vehicle shall, not later than 30 days after the date of such sale, provide the clerk of the court with a copy of the bill of sale as provided to the purchaser and turn the remaining proceeds of such sale, if any, over to the clerk of the court. Any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
40-11-7.

The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue Motor Vehicle Safety. The Department of Revenue Motor Vehicle Safety shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
40-11-8.

The clerk of the court shall retain the remaining balance of the proceeds of a sale under Code Section 40-11-6, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he or she shall pay such remaining balance as follows:
(1) If the abandoned motor vehicle came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;
(2) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality;
(3) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made;
(4) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
40-11-9.

(a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days

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and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, transmission, or wheels missing, no coolant in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance company's making a total loss payment, then any person removing such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information shall be sent to the Department of Revenue Motor Vehicle Safety. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certified mail, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the state revenue commissioner Department of Motor Vehicle Safety if such person or persons fail to respond within ten days of receipt of such notice. The state revenue commissioner of motor vehicle safety shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail, and if the vehicle is appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition, or if a similar vehicle is not listed in such book or, regardless of the model year or book value of the vehicle, if the vehicle is completely destroyed by fire, flood, or vandalism or is otherwise damaged to the extent that restoration of the vehicle to a safe operable condition would require replacement of more than 50 percent of its major component parts, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency's auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the state revenue commissioner Department of Motor Vehicle Safety, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Revenue Motor Vehicle Safety and the law enforcement agency with jurisdiction from which such vehicle was removed.
(b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsection (a) of this Code section, it may be disposed of by sale to a person who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required in subsection (a) of this Code section and the notice to the atatc revenue commissioner Department of Motor Vehicle Safety required in this subsection for a period of three years after its disposition. Such person shall also notify the state revenue commia1 aioncr Department of Motor Vehicle Safety of the disposition of such vehicle in such manner as may be prescribed by the state rcvcnuccommissioner of motor vehicle safety. The state revenue commissioner Department of Motor Vehicle Safety shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.

TUESDAY, MARCH 7, 2000

1985

(c) For purposes of this Code section, the term 'derelict vehicle' shall not include a vehicle which does not bear a manufacturer's vehicle identification number plate or a vehicle identification number plate assigned by a state jurisdiction.
(d) Any person who abandons a derelict motor vehicle on public or private property shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 and shall pay all costs of having such derelict motor vehicle removed, stored, and sold as provided for in this Code section. Notwithstanding any other provision of law to the contrary, such fines shall be disposed as follows:
(1) If the abandoned motor vehicle was removed other than at the request of a peace officer, the moneys arising from the fine shall be divided equally and paid into the general fund of the county in which the offense was committed and into the general fund of the municipality, if any, in which the offense was committed;
(2) If the abandoned motor vehicle was removed at the request of a police officer of a municipality, the moneys arising from the fine shall be paid into the general fund of the municipality;
(3) If the abandoned motor vehicle was removed at the request of a county sheriff, deputy sheriff, or county police officer, the moneys arising from the fine shall be paid into the general fund of the county in which the offense was committed; and
(4) If the abandoned motor vehicle was removed at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the moneys arising from the fine shall be paid into-the general fund of the county in which the offense was committed.
(e) Any person removing a derelict motor vehicle who fails to comply with the requirements of this Code section or who knowingly provides false or misleading information when providing any notice or information required by this Code section shall be guilty of a misdemeanor.
(f) The Department of Revenue, the state revenue commissioner, and Neither the State of Georgia and nor any state agency nor the person removing, storing, and processing the vehicle unless recklessly or grossly negligent shall net be liable to the owner of a vehicle declared to be a derelict motor vehicle pursuant to this Code section or an abandoned motor vehicle.
ARTICLE 2
40-11-20.
The following items are declared to be contraband and are subject to forfeiture:
(1) Any motor vehicle the manufacturer's vehicle identification number of which has been removed, altered, defaced, falsified, or destroyed; and
(2) Any component part of a motor vehicle the manufacturer's identification number of which has been removed, altered, defaced, falsified, or destroyed.
40-11-21.
Property subject to forfeiture under Code Section 40-11-20 and in the possession of any state or local law enforcement agency shall not be subject to replevin but is deemed to be in the custody of the superior court of the county wherein the property

1986

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is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.
40-11-22.
The law enforcement agency having possession of any property subject to forfeiture under Code Section 40-11-20 shall report such fact, within ten days of taking possession, to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section 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. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the property appears and defends the action and can show that he or she was unaware of the fact that the identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the property's being assigned a new identification number as provided in this article.
40-11-23.
Except as otherwise provided in this article, when property is forfeited under this article, the court may:
(1) Order that the property be retained by the law enforcement agency or the county in which the property is located; or
(2) Order that the property be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county.

TUESDAY, MARCH 7, 2000

1987

40-11-24.
Prior to the property's being sold or returned to the owner or otherwise disposed of, the Department of Revenue Motor Vehicle Safety shall assign it a new identification number."
PART VIIA
SECTION 7A-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-13-3, relating to trial and disposition of traffic cases, and inserting in its place a new Code section to read as follows:
"40-13-3.
Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Public Motor Vehicle Safety. Notwithstanding the reporting requirements of this Code section, the Department of Public Motor Vehicle Safety may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere."
SECTION 7A-2.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 4013-32, relating to modification of traffic law judgments, and inserting in their place new subsections to read as follows:
"(b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Public Motor Vehicle Safety that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.
(c) Except for orders correcting clerical errors, the Department of Public Motor Vehicle Safety shall not recognize as valid any change or modification order nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section."
SECTION 7A-3.
Said Title 40 is further amended by striking subsection (c) of Code Section 40-13-33, relating to habeas corpus challenges in traffic cases, and inserting in its place a new subsection to read as follows:
"(c) When the commissioner of public motor vehicle safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County."

1988

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SECTION 7A-4.

Said Title 40 is further amended by striking paragraph (1) of subsection (b) of Code Section 40-13-53, relating to release of persons charged with traffic offenses, and inserting in its place a new paragraph to read as follows:

"(1) Any offense for which a driver's license may be suspended by the commissioner of public motor vehicle safety;".

SECTION 7A-5.
Said Title 40 is further amended by striking Code Section 40-13-54, relating to disposition of traffic citations, and inserting in its place a new Code section to read as follows:
"40-13-54.

The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain one copy for himself or herself, and the court may, by order, provide that an additional copy shall be made for the use of any municipality in the county or the Department of Public Motor Vehicle Safety."

PART VIII
SECTION 8-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-15-1, relating to definitions applicable to motorcycle safety training, and inserting in its place a new Code section to read as follows:
"40-15-1.

As used in this chapter, the term:

(1) 'Board' means the Board of Public Motor Vehicle Safety.
(2) 'Commissioner' means the commissioner of public motor vehicle safety.
(3) 'Coordinator' means the state-wide motorcycle safety coordinator provided for in Code Section 40-15-4.
(4) 'Department' means the Department of Public Motor Vehicle Safety.
(5) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped.

(6) 'Operator' means any person who drives or is in actual physical control of a motorcycle.

(7) 'Program' means a motorcycle operator safety training program provided for in Code Section 40-15-2."

TUESDAY, MARCH 7, 2000

1989

PART IX
SECTION 9-1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking Chapter 7, relating to motor carriers, and inserting in its place a new chapter to read as follows:
"CHAPTER 7 ARTICLE 1
46-7-1.

As used in this chapter, the term: Rcocrvcd. (1) 'Commissioner' means the commissioner of motor vehicle safety. (2) 'Department' means the Department of Motor Vehicle Safety.
46-7-2.

Unless expressly prohibited by federal law, the commission commissioner is vested with power to regulate the business of any person engaged in the transportation as a common or contract carrier of persons or property, either or both, for hire by motor vehicle on any public highway of this state.
46-7-3.

No motor common or contract carrier of passengers or household goods shall, except as otherwise provided in this article, operate without first obtaining from the eommiaaion commissioner a certificate of public convenience and necessity, pursuant to findings to the effect that the public interest requires such operation.
46-7-4.

The commiaaion commissioner may issue the certificate applied for or issue it for the partial exercise of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in its- his or her judgment, the public interest may require.
46-7-5.

(a) The commission commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, suspend, revoke, alter, or amend any certificate issued under this article, under the 'Motor Carrier Act of 1929,' under the 'Motor Carrier Act of 1931,' or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission commissioner or any of the provisions of this article or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commission commissioner the holder of the certificate is not furnishing adequate service, or if the continuance of said certificate in its original form is incompatible with the public interest.
(b) If and when the commission commissioner shall undertake to revoke or modify any certificate on account of the public interest on the ground that the traffic conditions are such as not to justify the number of motor carriers which have been granted certificates over the route or routes in question, the preference shall be given to certificates

1990

JOURNAL OF THE HOUSE

in order of the time of their issuance, so that those which have been issued later in time shall, other things being equal, be canceled rather than those issued earlier in time.
46-7-6.

Any certificate issued pursuant to this article may be transferred or hypothecated upon application to and approval by the commiaaion commissioner, and not otherwise.
46-7-7.

(a) The eommiaaion commissioner shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the eommiaaion commissioner if it he or she finds that:

(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commiasion commissioner. Fitness encompasses three factors:

(A) The applicant's financial ability to perform the service it seeks to provide;
(B) The applicant's capability and willingness to perform properly and safely the proposed service; and

(C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commiaaion commissioner; and
(2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need.

(b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant.

(c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity.
(d) The eommiaBion commissioner shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application.

(e) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier:
(1) Possesses authority from the commiaaion commissioner to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; er
(2) Has pending before the commiaaion commissioner an application previously filed with the commisaion commissioner for substantially the same authority; or

TUESDAY, MARCH 7, 2000

1991

(3) Is granted by the commission commissioner leave to intervene upon a showing of other interests which in the discretion of the commission commissioner would warrant such a grant.
(f) The commission commissioner may issue a certificate of public convenience and necessity without a hearing if the application is unprotested or unopposed.
46-7-8.

The commission commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this article. Such rules shall require that the application be in writing, under oath, and that the application:
(1) Contain full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant;
(2) State the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation;
(3) Set forth all existing transportation in the territory proposed to be served, and wherein the public needs additional service, and why; and
(4) Contain any such other or additional information as the eommioaion commissioner may order or require.
46-7-9.

The commission commissioner shall collect the following fees pursuant to this article:
(1) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles;
(2) A fee of $150.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles;
(3) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles;
(4) A fee of $75.00 to accompany each application for transfer of a certificate;
(5) A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 46-7-13; and
(6) A fee of $50.00 to accompany each application for a motor carrier of property permit.
46-7-10.
The commission commissioner, upon the filing of a petition for a certificate of public convenience and necessity, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheriffs' notices are pub-

1992

JOURNAL OF THE HOUSE

lished. If no protest is filed with the commission commissioner or if the protest is subsequently withdrawn, the commiaaion commissioner may issue the certificate without a hearing.
46-7-11.

When a petition for a certificate of public convenience and necessity under this article has been in whole or in part denied by the commiaaion commissioner, or has been granted by the commission commissioner, and the order of the eommiaaion commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the eommiaaion commissioner within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order.
46-7-12.

(a) No certificate or permit shall be issued or continued in operation unless the applicant or holder shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common or contract carrier, its servants, or its agents. In cases of vehicles transporting freight, the applicant or holder shall give bond, with adequate security, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common or contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants, or its agents.
(b) The commission commissioner shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby.
(c) The eommiaaion commissioner may, in its his or her discretion, allow the holder of such certificate or permit to file, in lieu of such bond, a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. Such policy must also be approved by the commiasion commissioner.
(d) The commiaaion commissioner shall have power to permit self-insurance, in lieu of a bond or policy of indemnity insurance, whenever in ifca his or her opinion the financial ability of the motor carrier so warrants.
(e) It shall be permissible under this article for any person having a cause of action arising under this article in tort or contract to join in the same action the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action, whether arising in tort or contract.
46-7-13.

Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common or contract carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the eommiaaion commissioner, under the authority

TUESDAY, MARCH 7, 2000

1993

of this Code section, may, in its his or her discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the eommiaaion'a commissioner's findings supporting its his or her determination under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the eommiaaion commissioner finds necessary with respect to such authority. Unless otherwise provided in this Code section, such emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the eommiaaion commissioner shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor common or contract carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.
46-7-14.
A motor common or contract carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the commioaion commissioner, and thereupon its certificate therefor shall be canceled. A motor common or contract carrier of passengers may discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the eommiaaion commissioner to withdraw its certificate for such route if, in the opinion of the eommiaaion commissioner, such diminished service is not adequate or is no longer compatible with the public interest.
46-7-15.

(a) Except as otherwise provided in this Code section, before any motor common or contract carrier engaged in exempt passenger intrastate commerce as provided for in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commiaaion commissioner by making application therefor on forms supplied by the commiaaion commissioner and paying a $25.00 filing fee. The application shall show the operations claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commiaaion commissioner on a form provided by the commiooion commissioner and payment of a $5.00 filing fee.
(b) Every motor common or contract carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commisaion commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commiaaion commissioner may by rule or regulation prescribe, and shall pay to the commiaaion commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year.

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(c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commiaaion commissioner of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.
(d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common or contract carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common or contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle.
(e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common or contract carrier, or on the equipment of a motor common or contract carrier, or on the right of a motor common or contract carrier to operate such equipment, or on any incidents of the business of a motor common or contract carrier.
46-7-15.1.
(a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the oommiaoion commissioner by making application therefor on forms supplied by the commiaaion commissioner and paying the required filing fee. The application shall be in writing and under oath and shall include such information as the commission commissioner may require including, but not limited to:
(1) Whether hazardous commodities will be transported;
(2) The number and type of vehicles to be utilized;
(3) The carrier's safety record and safety rating; and
(4) Proof of compliance with applicable insurance or self-insurance requirements.
(b) The commission commissioner shall issue the motor carrier of property permit if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commiaaion commissioner regarding insurance and safety, including the handling of hazardous materials. The commiaaion commissioner may refuse to issue a permit where the applicant has failed to show compliance with the applicable laws of this state and the rules and regulations of the commiaaion commissioner. In any such instance where a permit is denied, the applicant shall, upon request made within 30 days of the date of denial, be entitled to a hearing to contest such denial of a permit.
(c) The commiaaion commissioner may, at any time after notice and a hearing, suspend, revoke, alter, or amend any permit issued under this title if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission commissioner, any provisions of this title, or any other law of this state regulating or providing for the taxation of motor vehicles.
(d) In order to provide for the publication and maintenance of just and reasonable joint-line rates, routes, classifications, and mileage guides, the eommiaaion commissioner may establish a collective rate-making procedure for all motor carriers of property who elect to participate.

TUESDAY, MARCH 7, 2000

1995

46-7-16.
(a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the commission commissioner or the carrier's designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law.
(b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia Public Service Commiaaion commissioner by making application therefor on forms supplied by the commission commissioner and paying a $25.00 filing fee. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commiaaion commissioner on forms supplied by the commission and payment of a $5.00 filing fee;
(2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the eommiaaion commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commiaaion commissioner may by rule or regulation prescribe, and shall pay to the commission commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the Georgia Public Service Commiaaion commissioner is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and
(3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes.
(c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the eommiaaion commissioner of a fee of $8.00 for each vehicle so registered; and upon such payment, the commission commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.
(d) Where a carrier has not previously qualified with the commiaaion commissioner to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease ve-

1996

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hide registration permit, provided that the carrier has otherwise qualified its operations with the commission commissioner as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle.
(e) Nothing in this Code section shall limit the authority of the Georgia Public Service Commisaion commissioner to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91.
(f) It shall not be necessary for any motor carrier to obtain a certificate of public convenience from the Georgia Public Service Commiaaion commissioner when such carrier is engaged solely in interstate commerce over the public highways of this state.
46-7-17.

(a) Each nonresident motor common or contract carrier shall, before any certificate or permit is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commission commissioner. Upon failure of any nonresident motor carrier to file such designation with the commission commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00.
(b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor common or contract carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the commission commissioner, may be brought in the county where the cause of action or some part thereof arose; and if the motor common or contract carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor common or contract carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.
46-7-18.

The eommiaaion commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor common and contract carriers of passengers and

TUESDAY, MARCH 7, 2000

1997

household goods and for all services rendered by motor common and contract carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commiaaion commissioner may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the eommiaaion commissioner may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the eommiaaion commissioner shall establish a collective rate-making procedure for all carriers of passengers and household goods. Failure on the part of any motor common or contract carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the eommiaaion commissioner.
46-7-19.

No motor common or contract carrier of passengers or household goods shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of passengers and property or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the commia mott commissioner; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commiaaion commissioner may prescribe, by general order, to what persons motor common and contract carriers of passengers or household goods may issue passes or free transportation; may prescribe; upon the same tcrma and conditions aa apply to railroad carriers; reduced rates for special occasions; and may fix and prescribe rates and schedules.
46-7-20.

Motor common or contract carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the commission commissioner; and the commiaaion commissioner may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers (other than hand baggage), the commiaaion commissioner shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.
46-7-21.

Reserved. 46-7-22.

Reserved. 46-7-23.

The commission commissioner shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this article, which books and accounts shall be preserved for such reasonable time as may be prescribed by the commiaaion commissioner. The books and records of every certificate holder shall be at all times open to the inspection of the commiaaion commissioner or any agent appointed by the eommiaaion of the department for such purpose. The commiaaion commissioner shall have the power to examine the books and records of all motor carriers to whom it he

1998

JOURNAL OF THE HOUSE

or she has granted certificates or permits to operate under this article and to examine under oath the officers and agents of any motor carrier with respect thereto.
46-7-24.

Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the commiaaion commissioner the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed.
46-7-25.

Reserved. 46-7-26.

The commission commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commiaoion commissioner shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commiaaion commissioner shall from time to time promulgate;
(2) Every driver employed to operate a motor vehicle for a motor common or contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge;
(3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commission commissioner in such detail and in such manner as the commiaaion commissioner may require; and
(4) The commisaion commissioner shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the eommiaaion commissioner.
46-7-27.

The commiaaion commissioner is authorized to adopt such rules and orders as it may deem necessary in the enforcement of this article. Such rules and orders so approved by the eommiaaion commissioner shall have the same dignity and standing as if such rules and orders were specifically provided in this article.
46-7-28.
Reserved.
(a) The eommiaaion ia authorized to employ auch pcraona as may be necessary, in the diaerction of the commiaaion, for the proper enforcement of this article, the aalarico for aueh cmploycca to be fixed by the commiaaion. The traveling cxponaca of the eommio

TUESDAY, MARCH 7, 2000

1999

nion and its cmploycca incurred in the implementation of this article shall be paid out of the funds derived under this article.
(b) The commission ia vested with police powers and authority to dcaignatc, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inapcct all motor vchiclea uaing the public highways for purpoaca of determining whether aueh vchiclco have complied with and arc complying with the provisions of thia article and all other laws regulating the U3C of the public highwaya by motor vehicle common and contract carriers, and to arrcat all persons found in violation thereof. In addition and incidental to the powers of en forccmcnt personnel to inapcct motor vchiclea and to determine whether such vehiclca arc complying with laws relating to the uao of the public highwaya by motor camera, ouch enforcement personnel shall have the rcaponaibility and power to arrcat any per aon who ia committing an unlawful act in violation of Article 3 of Chapter 13 of Title 16, the 'Georgia Controlled Substancco Act,' or Article 8 of Chapter 13 of Title 16, the 'Dangerous Drug Act.'
46-7-29.
Reserved.
In any case pending before the eommiaaion purauant to this article, the commiaaion shall be authorized to delegate any of its authority under thia article to designated cmploycca of the eommiaaion; and dociaiona of such employees 3hall have the aamc of feet as dcciaiona of the commiaaion; provided, however, that any party to a proceeding who ia aggrieved by a final dcciaion of an employee of the eommiaaion ahall have the right of appeal from auch dceiaion. Any aueh appeal shall be considered by the com misaion. Any party who has on or after July 1, 1084, and prior to July 1, 1086, ap pealed a final dcciaion of an employee of the commission and had 3uch appeal deter mined other than by the eommiaaion itself may further appeal such dcciaion to the commiaaion itaclf, if a written request for auch further appeal ia filed not later than July 31, 1086. The appeal shall in all other cases be filed no later than the tenth day after the dcciaion of the employee, and the commission ahall act the date for the hoar ing of the appeal.
46-7-30.

The commiaaion commissioner is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief.
46-7-31.

Any motor carrier which operates on the public highways of this state without the required certificate of public convenience and necessity or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this article, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the commiaaion commissioner, by a competing motor carrier or rail carrier, or by any individual.
46-7-32.

Nothing in this article or any other law shall be construed to vest in the owner, holder, or assignee of any certificate of public convenience and necessity or permit issued under this article any vested right to use the public highways of this state and

2000

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shall not be construed to give to any motor carrier any perpetual franchise over such public highways.
46-7-33.

In all respects in which the commission commissioner has power and authority under this article, proceedings may be instituted, complaints made and filed with it, process issued, hearings held, and opinions, orders, and decisions made and filed. Any final order of the commission commissioner may be reviewed by any court of competent jurisdiction under the conditions and subject to the limitations prescribed by law which relate to the commiaaion commissioner.
46-7-34.

(a) All certificates of public convenience and necessity to operate as a motor common or contract carrier of passengers or household goods issued prior to January 1, 1995, shall continue in full force and effect until revoked by the commiaaion commissioner or surrendered by the holders thereof.
(b) All certificates of public convenience and necessity authorizing transportation of property and all registration permits for intrastate exempt commodity transportation that were in effect on December 31, 1994, shall be deemed null and void as of midnight December 31, 1994, and revoked by operation of law effective January 1, 1995. All persons holding certificates of public convenience and necessity authorizing transportation of property and all persons holding registration permits for intrastate exempt commodity transportation issued prior to January 1, 1995, who received a motor carrier of property permit from the commission Public Service Commission pursuant to its emergency rules shall be deemed to hold a motor carrier of property permit issued under Code Section 46-7-15.1.
(c) Any person holding a certificate of public convenience and necessity authorizing transportation of property issued prior to January 1, 1995, and any person holding a registration permit for intrastate exempt commodity transportation issued prior to January 1, 1995, who did not apply for a motor carrier of property permit pursuant to the commiaaion'a Public Service Commission's rules on or before July 15, 1995, shall be deemed to have surrendered all rights to operate as a motor carrier for hire in Georgia and may not operate any motor carrier on or over any public highway of this state without first securing a motor carrier of property permit from the eommiaoion commissioner, upon application and payment of the required application fee.
46-7-35.

Reserved. 46-7-36.

In circumstances where a motor common or contract carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this article so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the Georgia Public Service Commiaaion commissioner shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this article as to such commerce. Code Sections 46-7-14 and 46-7-18 through 46-7-20 and 46-7-23 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor common or contract carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this article so far as they separately relate to commerce carried on in this state.

TUESDAY, MARCH 7, 2000

2001

46-7-37.
(a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state.
(b) The commiaaion commissioner shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission commissioner shall from time to time promulgate.
(c) Private carriers are not required to hold certificates of public convenience and necessity or registration permits issued by the commiaoion commissioner.
46-7-38.
(a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the commiasion commissioner for motor common or contract carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the commiaaion commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
(b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the eommiaaion commissioner under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state.
(c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.
46-7-39.
Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers, or any order, rule, or regulation of the commiaaion commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
ARTICLE 2
46-7-50 through 46-7-79.
Reserved.

2002

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ARTICLE 3

46-7-85.1. As used in this article, the term:

(1) 'Certificate' means a certificate of public convenience and necessity issued by the Public Service CommiaBion commissioner.

(2) 'Chauffeur" means any person with a Georgia state driver's license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the Public Service Commiaaion commissioner to drive a limousine under this article.
(3) 'Commiaaion' 'Commissioner' means the Public Service Commission commissioner of motor vehicle safety.
(3.1) 'Department' means the Department of Motor Vehicle Safety.

(4) 'Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.

(5) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract.
(6) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

(7) 'Public highway' means every public street, road, or highway in this state.

46-7-85.2.
No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.

46-7-85.3.

No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commissioner commissioner a certificate of public convenience and necessity to do so.
46-7-85.4.
(a) The commission commissioner shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its his or her judgment, be necessary and may establish fees as part of such certificate process.

TUESDAY, MARCH 7, 2000

2003

(b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commission commissioner and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.
46-7-85.5.
(a) It shall be the duty of the commiaaion commissioner to regulate limousine carriers with respect to the safety of equipment.
(b) The commission department shall perform safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier.
46-7-85.6.
No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the eommiaaion commissioner.
46-7-85.7.
The commiaBion commissioner may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds:
(1) The violation of any of the provisions of this article;
(2) The violation of an order, decision, rule, regulation, or requirement established by the commission commissioner pursuant to this article;
(3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commiaaion commissioner;
(4) Failure of a limousine carrier to maintain required insurance in full force and effect; and
(5) Failure of a limousine carrier to operate and perform reasonable services.
46-7-85.8.
After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
46-7-85.9.
Pursuant to rules and regulations prescribed by the commission commissioner, each chauffeur employed by a limousine carrier shall register with the commiaaion commissioner and secure a permit as a limousine chauffeur. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the eommiaaion commissioner and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commission commissioner. Every chauffeur employed by a limousine carrier shall have his or her chauffeur's permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeur's permit shall be accompanied by such fee as the commission commissioner shall prescribe. The chauffeur's permit shall be valid for two calendar years. The eommiaaion commissioner may issue a chauffeur's permit by mail.

2004

JOURNAL OF THE HOUSE

46-7-85.10.
In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commission commissioner. The applicant must:
(1) Be at least 18 years of age;
(2) Possess a valid Georgia driver's license which must have been held for a minimum period of one year prior to application, and said license must not be limited as defined in Code Section 40-5-64; and
(3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.
(B) If at the time of application the applicant is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.
46-7-85.11.
The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.
46-7-85.12.
A limousine carrier operating under a certificate issued by the commission commissioner shall be required to file with the commission commissioner a tariff of rates and charges.
46-7-85.13.
Before the commiasion commissioner shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.

TUESDAY, MARCH 7, 2000

2005

46-7-85.14.
A limousine carrier may obtain a temporary permit for a period of 21 consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued without the commission commissioner having first received satisfactory proof that it the carrier meets the insurance requirements of the rules and regulations of the commission commissioner. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission commissioner may issue a temporary permit by facsimile message or letter. Any chauffeur operating a limousine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeur's permit.
46-7-85.15.
Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.
46-7-85.16.
Reserved. Any pcraon doing business in this state aa a. limousine carrier who is registered as such with the eommiaaion as of May 1, 1004, shall be entitled to be iaaucd a certificate required under this article by the commission authorizing such person to continue doing busincaa aa a limouainc carrier provided that such person submits a proper application and paya the required fcca.
46-7-85.17.
The commission commissioner shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article.
ARTICLE 4
46-7-90.

(a) The Governor is authorized and directed to negotiate and consummate, with the proper authorities of the several states of the United States, the District of Columbia, and the territories and possessions of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories and possessions of the United States, operating motor vehicles as motor common carriers and motor contract carriers properly licensed and registered in their respective jurisdictions, may have the same or substantially the same privileges or exemptions in the operation of their motor vehicles in this state as residents of this state may have and enjoy in the operation, in such other jurisdictions, of their motor vehicles properly licensed and registered in this state. Notwithstanding any other provision of law to the contrary, the Governor may likewise negotiate and consummate valid and binding reciprocal agreements with the proper authorities of said jurisdictions relating to the suspension, revocation, cancellation, and reinstatement of motor

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JOURNAL OF THE HOUSE

vehicle drivers' licenses. In the making of such agreements, due regard shall be had for the benefit and convenience of the motor vehicle owners and other citizens of this state.
(b) The Governor may likewise enter into agreements or arrangements with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or intrastate commerce. The Governor may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions contained in this article.
(c) The Governor, or a commission or officer appointed by him or her, and the Pablie Service Commission commissioner shall give proper publicity to the terms of every reciprocal agreement entered into by them or by either of them pursuant to this article; and they are authorized and empowered to promulgate rules and regulations for the observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law.
46-7-91.

The commission commissioner is authorized to negotiate and consummate with the proper authorities of other states reciprocal agreements whereby residents of such states who are operating motor common carriers or motor contract carriers licensed in their respective states may be granted the same privileges and exemptions of the operation of said motor vehicles in this state as residents of this state may have and enjoy in such other states in the operation of motor vehicles duly licensed in this state. The commission commissioner is authorized only to enter into reciprocal agreements insofar as the qualifications enforced, licenses issued, and fees collected by it are concerned; and in making such reciprocal agreements, the commission commissioner shall have due regard for the advantage and convenience of the citizens of this state.
46-7-92.

Any and all reciprocal agreements entered into by the eommiaaion commissioner shall be subject to confirmation by Act or resolution of the General Assembly and shall not be of force and effect until the passage of such and its approval by the Governor, except such agreements as may be entered into while the General Assembly is not in session; in which case the same shall be submitted by the commiaaion commissioner to the General Assembly not later than the tenth day of its next session; whereupon the General Assembly may confirm or reject such agreements by appropriate Act or resolution approved by the Governor; but pending passage and approval of such Act or resolution of confirmation or rejection, the agreements made during the adjournment of the General Assembly shall be of full force and effect according to their terms.
46-7-93.

All reciprocal agreements entered into by the commission commissioner while the General Assembly is not in session shall be approved by the Governor. No reciprocal agreement shall be made or approved under this article except that manifest advantage will accrue therefrom to the citizens of this state.
46-7-94.

Nothing in this article shall be construed to authorize the Governor or his or her designee to make reciprocal agreements concerning the licenses issued and fees collected by the eommiaaion commissioner.

TUESDAY, MARCH 7, 2000

2007

ARTICLE 5 Reserved.
A C 1 1 AA T(U" I "-LUU.
Any motor common carrier or motor contract carrier operating in intrastatc or inter state commerce in this atatc under authority granted by the eommisaion or the Interstate Commerce Commiaaion may obtain a motor vehicle safety inspection of nny of its vehicles domiciled in Georgia upon written rcqucat to the commiaaion and upon payment of a $6.00 inspection fee per vehicle for which a aufcty inspection is performed.
(b) The commiaaion will arrange for inspection of any vehicle aa cxpcditioualy as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the motor common carrier or motor contract carrier and the commission.
(e) Upon completion of the vehicle safety inspection by the commission personnel or, in the case of dcficicncica, upon completion of rcpnira of all deficiencies found during the inapcetion and noted on the inspection report, the commission shall issue to the motor common carrier or motor contract carrier a docal certifying that the vehicle waa inspected by the eommiaaion and mccta the motor carrier vehicle safety regulations of the commiaaion.
(d) Each doeal iaaucd shall be valid for 12 months and shall contain an expiration

(a) Any private carrier operating in thia atatc may obtain a motor vehicle safety inspection of any of ita vehicles domiciled in Georgia upon written request to the commission and upon payment of a $6.00 inspection fee per vehicle for which a aafcty inapcction ia performed.
(b) The eommiaaion will arrange for inapcetion of any vehicle aa cxpcditioualy aa poa giblc. Inapoctiona will be performed txt a place or places and at times mutually agreed upon by the private carrier and the commission. In addition and incidental to the powers of enforcement personnel to inspect aueh motor vehicles of private carriers and to determine whether 3ueh vohiclca arc complying with aafcty requirements, aueh en forccmcnt pcraonncl shall have the rcaponaibility and power to arrest any pcraon who ia committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dan gcroua Drug Act.'
(c) Upon completion of the vehicle aafcty inapoction by the eommiaaion pcraonncl or, in the case of dcficicneica, upon completion of repairs of all dcficicneica found during the inapcetion and noted on the inapcetion report, the commiaaion ahall issue to the private earner a dceal certifying that the vehicle waa inspected by the commiaaion and meets the same vehicle aafcty regulations required by the eommiaaion for motor com mon carricra or motor contract curricra.
(d) Each doeal iaaucd ahall be valid for 12 montha and ahall contain an expiration

2008

JOURNAL OF THE HOUSE

PART XI
SECTION 11-1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-5-474, relating to return of motor vehicles for taxation, and Code Section 48-5-475, relating to sale of motor vehicle license plates, and inserting in their place new Code sections to read as follows:
"48-5-474.
The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The state revenue commissioner is and the commissioner of motor vehicle safety are directed to jointly prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under this article.
48-5-475.
All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Such officials are designated as agents of the commissioner of motor vehicle safety for the purpose of accepting applications for the registration of motor vehicles and as agents of the state revenue commissioner for purposes of collecting ad valorem taxes in connection with the registration of motor vehicles. The duties and responsibilities incident to the exercise of this designation shall be a part of the official duties and responsibilities of the various tax collectors and tax commissioners."
PART XII
SECTION 12-1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-8-85, relating to forfeiture of property seized in connection with motor vehicle chop shops, by striking paragraph (2) of subsection (f) and subsections (k), (1), and (r) and inserting in their respective places new provisions to read as follows:
"(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Revenue Motor Vehicle Safety, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency."
"(k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Revenue Motor Vehicle Safety, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person

TUESDAY, MARCH 7, 2000

2009

from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored.
(1) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Revenue Motor Vehicle Safety specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored."

"(r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Revenue Motor Vehicle Safety proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Revenue Motor Vehicle Safety shall issue a certificate of title or a salvage certificate of title, as determined by the commissioner of revenue motor vehicle safety, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."

SECTION 12-2.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-2-37, relating to employment of communications officers and license examiners by the Department of Public Safety, and inserting in its place a new Code section to read as follows:
"35-2-37.

(ft) To support the battalion, the commissioner, with the approval of the board, is authorized to employ such communications officers as may be necessary, within the limits set by available appropriations. Such personnel shall not be considered members of the Uniform Division. Communications officers may be divided into such ranks or categories as the commissioner, with the approval of the board, deems appropriate.

(b) To support the battalion, the eommiaaioncr, with the approval of the board, ia au thorigcd to employ auch license examiners aa may be neccaaary, within the limits act by available appropriationa. The eommisaioncr ahall provide the license examiners with proper uniforms, suitable to the season, which shall remain the property of the state. License examiners may be divided into such ranka or categories 03 the eommia sioncr, with the approval of the board, deems appropriate. Liccnac examiners shall not be considered members of the Uniform Division."
SECTION 12-3.
Said Title 35 is further amended by striking subsection (a) of Code Section 35-2-42, relating to personnel matters within the Department of Public Safety, and inserting in its place a new subsection to read as follows:
"(a) All members of the Uniform Division, all communications officers, all license ex amincrs, and all recruits or cadets shall be governed by rules and regulations as now or hereafter established under Chapter 20 of Title 45."

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JOURNAL OF THE HOUSE

SECTION 12-4.
Said Title 35 is further amended by striking Code Sections 35-2-46 through 35-2-49, relating to employment, dismissal, and equipment of Department of Public Safety personnel, and inserting in their place new Code sections to read as follows:
"35-2-46.

All officers, troopers, and communications officers, and drivcr'a license examiners who are in the classified service of the state merit system may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder.
35-2-47.

All officers, troopers, and communications officers, and driver's liccnac examiners who are in the classified service of the state merit system may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder.
35-2-48.

: Reserved. 35-2-49.

The commissioner shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators and drivcr'a liccnac cxamin ere. After a radio operator or drivcr'a license examiner has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such radio operator or drivcr'a license examiner shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner."
SECTION 12-5.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking paragraphs (1) and (3) of Code Section 43-13-2, relating to definitions applicable to regulation of driver training schools, and inserting in their respective places the following:
"(1) 'Department' means the Department of Public Motor Vehicle Safety acting directly or through its duly authorized officers and agents."
"(3) 'Driver's license examiners' means examiners appointed by the Department of Public Motor Vehicle Safety for the purpose of giving driver's license examinations."

TUESDAY, MARCH 7, 2000

2011

SECTION 12-6.
Said Title 43 is further amended by striking subsection (b) of Code Section 43-13-6, relating to licensure of driver training schools, and inserting in its place a new subsection to read as follows:
"(b) All licenses issued to driver training schools or driver training instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the Department of Public Safety department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal."
SECTION 12-7.
Said Title 43 is further amended by striking Code Section 43-13-8, relating to promulgation of rules applicable to driver training schools, and inserting in its place a new Code section to read as follows:
"43-13-8.
The Board of Public Safety commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter."
SECTION 12-8.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraph (6) of Code Section 45-9-81, relating to definitions applicable to indemnification of public employees, and inserting in its place a new paragraph to read as follows:
"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision aed-. With respect to periods of time prior to July 1, 2001, such term also includes employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-728 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials; and on and after July 1, 2001, such term also includes law enforcement officers of the Department of Motor Vehicle Safety. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."

2012

JOURNAL OF THE HOUSE

PART XIII
SECTION 13-1.
This Act shall become effective for all purposes on July 1, 2001. This Act shall become effective upon its approval by the Governor for the purposes of:
(1) Appointment of the members of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety;
(2) The authority of the commissioner of motor vehicle safety to adopt rules and regulations;
(3) The authority of the commissioner of motor vehicle safety to employ staff within the limits of funds appropriated or otherwise made available for such purpose; and
(4) The authority of the departments and officers affected by this Act to commence and take administrative actions as may be necessary or appropriate to prepare for and phase in the full implementation of this Act no later than July 1, 2001.
SECTION 13-2.
All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1441 as follows:
Page 41 insert between lines 20 and 21 the following:
"Said Title 40 is further amended by striking Code Section 40-5-28 and inserting in its place a new code section to read as follows:
The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee.
Renumber sections accordingly."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson
N Ashe N Bailey
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 N Campbell Y Cash

N Channel! 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
Day Dean N DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley Y Hammontree N Hanner Y Harbin N Harrell

TUESDAY, MARCH 7, 2000

N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin N Jackson, B N Jackson, L N James
Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye N Lane Y Lewis N Lord
Lucas N Maddox Y Mann N Manning

N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills
Mobley Morris N Mosley Y Mueller E (Weal Orrock N Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reece

N Reed Y Reese N Reichert E 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

2013
Y Snow N Squires N Stallings Y Stancil N Stanley, P
Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Untennan N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 50, nays 117. The amendment was lost.
Due to a mechanical malfunction, the vote of Representative Bannister of the 77th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read:
Representative Franklin of the 39th moves to amend the Committee substitute to HB 1441 by inserting before "to" on line 20 of page 1 the following: "to provide for seizure, suspension, and revocation of drivers' licenses for certain conduct; to provide that persons convicted of certain offenses shall not be licensed again;". By inserting between lines 28 and 29 of page 45 the following:
"SECTION 5-17A. Said Title 40 is further amended by adding a new Code Section 40-5-54.2 to read as follows:
'40-5-54.2.
(a) Whenever any person is charged with the offenses of: (1)(A) Homicide by vehicle, as defined by Code Section 40-6-393; or

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JOURNAL OF THE HOUSE

(B) Feticide by vehicle, as defined by Code Section 40-6-393.1; and
(2)(A) Violating Code Section 40-6-391 where the person's alcohol concentration at the time of the offense was 0.08 grams or more; or
(B) Exceeding the maximum lawful speed limit by 24 miles per hour or more
and such charges arise out of the same course of conduct, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the citation and complaint form and shall be forwarded to the court having jurisdiction of the offenses. A copy of the citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b)(l) No temporary driving permit shall be issued to a person whose driver's license has been seized as provided by this Code section.
(2) Upon the receipt of a sworn written report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had committed offenses arising out of the same course of conduct which constitute grounds for seizure of a driver's license under subsection (a) of this Code section, the department shall suspend the person's driver's license, subject to review as provided in this chapter.
(c)(l) If the person is convicted of violating or enters a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for seizure of a driver's license under subsection (a) of this Code section, the court shall, within ten days of such conviction or plea, forward the person's driver's license and the record of the disposition of the case to the department, and the department shall forthwith revoke the person's driver's license. The department shall not issue any new or renewal driver's license or permit to any person who is convicted of violating or enters a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for revocation under this subsection.
(2) If the person is not convicted of violating and does not enter a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for seizure of a driver's license under subsection (a) of this Code section, and the court is in possession of the driver's license, the court shall upon adjudication or dismissal of the charges return the driver's license to the person and notify the department forthwith of the disposition of the case, and the suspension of the driver's license shall terminate upon such adjudication or dismissal; unless the license is in suspension or revocation for any other offense, in which case the court shall forward the license to the department.'".
By inserting after "Governor" on line 5 of page 145 the following:
"for the purposes of this section and Section 5-17A of this Act and".

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe

N Bailey N 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 Channel! N Childers Y Clark Y Coan
Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T N Day
Dean N DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans

TUESDAY, MARCH 7, 2000

N Everett N Felton N Floyd Y Franklin N Golick Y Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings Y Jones

Y Joyce Y Kaye N Lane N Lewis N Lord
Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley
Morris N Mosley Y Mueller E OTSTeal
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 Heese N Reichert E Rice N Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder N Scarlett
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

2015
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 N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 34, nays 136. The amendment was lost.

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1441 as follows:
Page 80
Delete line 34 and insert the word "and"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey N 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 N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T N Day
Dean N DeLoach, B N DeLoach, G
Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans

N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene Y Grindley Y Hammontree N Hanner N Harbin N Harrell

2016
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 N Jackson, B N Jackson, L N James
Jamieson Jenkins N Jennings N Jones Y Joyce Y Kaye N Lane

JOURNAL OF THE HOUSE

N Lewis N Lord
Lucas N Maddox Y Mann N Manning N Martin, J N Martin, J.L N Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley
Morris N Mosley Y Mueller E Cmeal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert E Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett
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
Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P
Stanley-Turner

N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert
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
Williams, R N Wix
Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 30, nays 135. The amendment was lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y BeneBeld 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 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 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
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 N 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
Morris Y Mosley Y Mueller E O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Rnholster 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 E Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders
Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Y Shaw

Y Shipp Y Sholar Y Sims Y Sinkfield 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 Y Unterman Y Walker, L Y Walker, R.L Y Watson

2017
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 166, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1441 was ordered immediately transmitted to the Senate.
HB 1630. By Representatives Smyre of the 136th, Skipper of the 137th, Walker of the 141st and Sauder of the 29th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation.

The report of the Committee, which was favorable to the 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 Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree

Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning 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
Mueller E 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 E 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 Y Stallings Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

2018
Y Teague Teper
Y Tillman Y Tolbert

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Y Trense Turnquest
Y Twiggs
Y Unterman

Y Walker, L Y Walker, E.L Y Watson
Y West

Y Westmoreland Y Whitaker Y Wiles
Y Williams, J

Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Teper of the 61st and Turnquest of the 73rd 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 1160. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th and Skipper of the 137th and others

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, political 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 total of $14,421,828,880 is hereinafter appropriated for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimate of $13,427,000,000 for State Fiscal Year 2001, $166,000,000 from FY 1999 Carry Forward Surplus for Property Tax Relief, $148,828,880 in Indigent Care Trust Fund receipts, $150,000,000 from the Tobacco Settlement Fund and $530,000,000 from Lottery proceeds.

PARTI LEGISLATIVE BRANCH

Section 1. F.Y. 2001

Legislative Branch. $33,460,452

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legislature 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

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2019

or renovation of legislative office space, committee rooms, or staff support service areas in any state-owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, and the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and distribution of the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, furnishings, repairs, printing services, and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appropriations.

Section 2. F.Y. 2001

Department of Audits. $28,287,871

PART II JUDICIAL BRANCH

Section 3. F.Y. 2001

Judicial Branch. $150,720,211

PART III EXECUTIVE BRANCH

Section 4. F.Y. 2001

Department of Administrative Services. $44,746,550

Section 5. F.Y. 2001

Department of Agriculture. $43,654,176

Section 6. F.Y. 2001

Department of Banking and Finance. $10,570,607

Section 7. F.Y. 2001

Department of Community Affairs. $97,095,127

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.

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Section 8. EY. 2001

Department of Community Health. $1,495,746,922

The Department of Community Health is authorized to adjust nursing home reimbursement rates, effective July 1, 2000, by adding the 2001 DRI inflation factor to the current payment rates for nursing homes.

The Department of Community Health is authorized to adjust physician and physician related provider rates by using 90% of the 1999 RBRVS scale.

The Department of Community Health is authorized fo adjust impatient hospital provider rates by adding the 2001 DRI inflation factor to the current DRG payment rates for hospitals.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for FY 2001 shall not exceed 13.1 percent.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for FY 2001 shall not exceed 13.1 percent.

Section 9. F.Y. 2001

Department of Corrections. $878,535,387

Section 10. F.Y. 2001

Department of Defense. $6,639,315

Section 11. F.Y. 2001

State Board of Education. $5,636,371,353

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $2,153.11. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to the 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 12. F.Y. 2001

Forestry Commission. $36,416,057

Section 13. F.Y. 2001

Georgia Bureau of Investigation. $59,756,023

Section 14. F.Y. 2001

Office of the Governor. $45,515,557

Section 15. F.Y. 2001

Department of Human Resources. $1,331,180,149

The Department of Human Resources is authorized to calculate all Temporary Assistance to Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such TANF payments shall be made from the date of certification and not from

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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 16. F.Y. 2001

Department of Industry, Trade and Tourism. $30,390,265

Section 17. F.Y. 2001

Office of the Commissioner of Insurance. $15,081,511

Section 18. F.Y. 2001

Department of Juvenile Justice. $267,373,825

Section 19. F.Y. 2001

Department of Labor. $23,381,299

Section 20. F.Y. 2001

Department of Law. $14,850,712

Section 21. F.Y. 2001

Department of Natural Resources. $136,712,497

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50% of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks' parking pass implemented by the Department.

Section 22.

State Board of Pardons and Paroles.

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F.Y. 2001

$48,365,046

Section 23. F.Y. 2001

Department of Public Safety. $126,008,934

Section 24. F.Y. 2001

Public School Employees' Retirement System. $17,642,000

Section 25. F.Y. 2001

Public Service Commission. $9,031,854

Section 26. F.Y. 2001

Regents, University System of Georgia. $1,585,133,398

The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing a health benefit reserve in the amount not to exceed twenty percent of total benefit payments for the fiscal year to which this appropriation act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittee.

Of the above Lottery Funds, $15,000,000 from the Equipment, Technology and Construction Trust Fund shall be used to match public and private grants to public colleges and universities. The Board of Regents shall allocate a minimum of $3,000,000 for educational and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.

Section 27. F.Y. 2001

Department of Revenue. $271,000,917

Section 28. F.Y. 2001

Secretary of State. $32,541,372

Section 29. F.Y. 2001

Soil and Water Conservation Commission. $2,260,171

Section 30. F.Y. 2001

Georgia Student Finance Commission. $2597193,844

Section 31. F.Y. 2001

Teachers' Retirement System. $3,270,000

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. 2001.

Section 32. F.Y. 2001

State Board of Technical and Adult Education. $293,484,850

Section 33. F.Y. 2001

Department of Transportation. $589,589,616

For this and all future general appropriations acts, it is the intent that the following provisions apply:

(a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to ex-

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ceed 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 subject to the approval by the Office of Planning and Budget.

(c) Interstate Rehabilitation Funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

(d) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Section in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax appropriations.

(e) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, paragraph VI, Subsection (b) of the State Constitution.

(f) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt services on existing or new general 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 34. F.Y. 2001

Department of Veterans Service. $19,912,110

Section 35. F.Y. 2001

State Board of Workers' Compensation. $11,748,287

Section 36. F.Y. 2001

State of Georgia General Obligation Debt Sinking Fund. $532,461,866

A. Budget Unit: State General Funds (Issue) Motor Fuel Tax Funds (Issued)

$

507,461,866

25,000,000

$

532,461,866

B. Budget Unit: State General Funds (New) Motor Fuel Tax Funds (New)

$

0

0

$

0

Section 37. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.

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Section 38. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.
Section 39. Each and every agency, board, commission, and authority receiving appropriations in the Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of State motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 40. In accordance with the requirements of Article DC, Section VI, Paragraph l(a) 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 lease contracts now in existence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 41. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Budget utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Planning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

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Section 42. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine the expenditures as contemplated in this Appropriations Act.
Section 43. 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, farmers' gasoline tax refund and any other refunds specifically authorized by law.
Section 44. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with federal funds.
Section 45. 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 for this State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive Branch between objects, programs, activities and functions subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatsoever shall be transferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be submitted and approved in the same manner and under the same conditions provided herein before for transfers.
(1) For the purpose of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publications and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications.
(2) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount of each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(3) It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 46. 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.

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Section 47. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriations provided in the foregoing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 48. Salary Adjustment

$233,698,749.

In addition to all other appropriations for the State Fiscal Year ending June 30, 2001, there is hereby appropriated $233,698,749 for the purposes described herein; I.) 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, 2000 (proposed salary adjustments are in conformance with the GeorgiaGain pay for performance system). 2.) To provide a general salary adjustment of 3% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000 (proposed salary adjustments are contingent on an employee receiving at least "satisfactory" or "meets expectations" on his or her annual performance appraisal). 3.) To provide for an increase of 3% for each state official (excluding members of the General Assembly) whose salary is set by Act 439 (HB 100) of the 1999 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, 2000. 4.) To provide $49,527 for a salary 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, 2000. 5.) To provide for a 3% increase in the state base salary on the teacher salary schedule of the State Board of Education with the amount of this appropriation for this purpose determined according to an effective date of September 1, 2000. 6.) To provide for a 3% increase for school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 2000. 7.) To provide for a 3% 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, 2000. 8.) To provide a 3% funding level for merit increases for the Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to an effective date of September 1, 2000 for resident instruction personnel and on October 1, 2000 for non-resident instruction personnel. 9.) In addition to the general salary adjustment in item 1 above, to adjust the annual salaries of employees earning below the GeorgiaGain target hire rate for their respective job classifications, excluding the job classifications specifically addressed in other provisions of this section, by onethird of the difference between their current annual salary and the GeorgiaGain target hire rate for the applicable job classification, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 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 GeorgiaGain established target salary levels in the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, or award a 3% salary adjustment, whichever is greater. These adjustments will raise the salaries of the affected employees to the GeorgiaGain established target salaries for these job classifications, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 11.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Corrections employees earning at or above the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 12.) In addition to the gen-

TUESDAY, MARCH 7, 2000

2027

eral salary adjustment in item 1 above, to provide supplemental salary adjustments for Board of Pardons and Paroles employees earning below the GeorgiaGain established target salary levels in the Parole Officer job classification, or award a 3% salary adjustment, whichever is greater. These adjustments will raise the salaries of the affected employees to the GeorgiaGain established target salaries for these job classifications, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 13.) In addition to the general salary adjustment in item 1 above, provide a 3% funding level for supplemental salary adjustment for Board of Pardons and Paroles employees earning at or above the GeorgiaGain target salary level for the Parole Officer job classification, with the amount of the appropriation for these purposes determined according to an effective date of October 1, 2000. 14.) In addition to the general salary adjustment in item 1 above, to provide supplemental adjustments for Department of Human Resources employees earning below the GeorgiaGain established target salary levels in the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications. These adjustments will raise the salaries of the affected employees to the GeorgiaGain established target salaries for these job classifications, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 15.) In addition to the general salary adjustment in item 1 above, to provide a 3% supplemental salary adjustment for Department of Human Resources employees earning at or above the GeorgiaGain established target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classification, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 16.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Natural Resources Peace Officer Standards Training (POST) certified personnel, with the amount of the appropriation for this purpose determined according to the effective date of October 1, 2000. 17.) In addition to the general salary adjustment in item 1 above, to provide a supplemental salary adjustment for employees in designated state agencies who successfully complete the primary accounting series of courses offered through the State Financial Management Certificate Program, with the amount of the appropriation for this purpose determined according to the effective date an employee successfully completes this series of courses.

Section 49. TOTAL STATE FUND APPROPRIATIONS

F.Y. 2001

$14,421,828,880

Section 50. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 51. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 2000, and ending June 30, 2001; 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.

2028

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, 2000, and ending June 30, 2001, 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 $13,427,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2001.

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 ...............................................................$

33,460,452 16,970,907 4,695,194 2,668,752
121,000 7,000 0 0
1,315,000 1,112,000
5,000 692,500 164,115 3,956,984 100,000 1,652,000 33,460,452 33,460,452

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

$

5,495,610

$

973,037

$

1,283,930

$

7,752,577

5,495,610 973,037
1,283,930 7,752,577

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

$

12,581,892

$

475,648

$

1,683,719

$

14,741,259

12,581,892 475,648
1,683,719 14,741,259

Joint Functional Budgets

Total Funds

State Funds

TUESDAY, MARCH 7, 2000

2029

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight
Committee Total

$

3,372,775

$

2,368,136

$

1,096,700

$

3,717,700

$

411,305

$

10,966,616

$

3,372,775

$

2,368,136

$

1,096,700

$

3,717,700

$

411,305

$

10,966,616

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 ...............................................................$

27,663,403 23,534,803
768,200 601,000
49,000 20,000 1,072,400 87,000 1,194,000 337,000 27,663,403 27,663,403

2030

JOURNAL OF THE HOUSE

PART II JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch............................... Personal Services................................................. Other Operating.................................................. Prosecuting Attorney's Council .......................... Judicial Administrative Districts....................... Payment to Council of Superior Court Clerks. Payment to Resource Center.............................. Computerized Information Network.................. Total Funds Budgeted......................................... State Funds Budgeted ........................................

Judicial Branch Functional Budgets

Total Funds

Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial
Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute
Resolution Total

7,929,883 10,709,891 47,072,519 38,603,155 1,383,075
1,113,081 8,015,994
215,197 5,859,388 2,682,982
342,690 123,927,855

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ................................................... Personal Services........................................................... Regular Operating Expenses........................................ Travel.............................................................................. Motor Vehicle Purchases............................................... Equipment...................................................................... Computer Charges......................................................... Real Estate Rentals......................................................
Telecommunications ...................................................... Per Diem, Fees and Contracts..................................... Rents and Maintenance Expense ................................ Utilities........................................................................... Payments to DOAS Fiscal Administration................. Direct Payments to Georgia Building Authority
for Capital Outlay....................................................... Direct Payments to Georgia Building Authority
for Operations ............................................................ Telephone Billings......................................................... Radio Billings ................................................................ Materials for Resale .......................................................

120,931,461 16,196,169 101,726,314 2,833,325
1,837,763 34,284 700,000 600,000
123,927,855 120,931,461
State Funds
7,101,443 10,613,891 47,072,519 36,777,424 1,383,075
1,066,142 7,832,871
215,197 5,843,227 2,682,982
342,690 120,931,461
44,816,202 63,657,290 11,585,197
485,871 718,687 1,848,428 1,364,812 4,214,593 369,323 9,983,073 11,055,372
0 50,000
0
0 58,080,300
433,484 17,939,840

TUESDAY, MARCH 7, 2000

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 ............................................................$ State Self Insurance Fund ........................................................$ Payments to Georgia Net Authority.........................................$ 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

$

21,144,379

$

12,389,184

$

22,800,385

$ 120,915,807

$

3,911,012

$

784,681

$

1,603,537

$

4,392,160

$ 187,941,145

B. Budget Unit: Georgia Building Authority..............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$ Capital Outlay ............................................................................$ Utilities........................................................................................$ Contractual Expense ..................................................................$ Facilities Renovations and Repairs ..........................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Facilities Program Operations Security Sales Van Pool Total

$

12,669,573

$

0

$

12,422,856

$

6,487,113

$

4,558,445

$

399,532

$

36,537,519

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture. Personal Services..........................................

2031
496,375 35,000 48,500 75,000 500,000
0 5,000,000 187,941,145 44,816,202
State Funds
7,105,654 3,957,003
0 27,897,148
800,050 784,681 183,430
4,088,236 44,816,202
0 19,409,599 15,468,544
13,000 200,000 80,000 322,000
15,071 261,916 767,389
0 0 0 0 36,537,519 0
State Funds
41,228,287 33,767,088

2032

JOURNAL OF THE HOUSE

Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications...................................................................^ Per Diem, Fees and Contracts..................................................$ Market Bulletin Postage............................................................$ Payments to Athens and Tifton Veterinary
Laboratories.............................................................................$ Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe..................................$ Veterinary Fees...........................................................................$ Indemnities .................................................................................$ Advertising Contract..................................................................$ Payments to Georgia Agrirama Development Authority for Operations........................................................$ Payments to Georgia Development Authority.........................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets..................................$ Capital Outlay ............................................................................$ Contract - Federation of Southern Cooperatives ....................$ Boll Weevil Eradication Program .............................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

8,991,942

$

16,338,933

$

7,169,848

$

7,796,965

$

3,803,320

$

8,276,334

$

697,804

$

53,075,146

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...............................................................!

4,221,159 1,028,145
291,536 462,673 667,341 829,475 406,380 1,909,741 983,240
3,311,158
3,166,532 265,000 30,000 175,000
870,678 0
650,000 0
40,000 0
53,075,146 41,228,287

State Funds

$

8,210,942

$

13,206,798

$

3,494,848

$

7,609,965

$

3,673,620

$

5,032,114

$

0

$

41,228,287

0 1,104,178
197,000 3,000 0 5,000 9,500 0 7,500 96,500
125,000 120,000 1,667,678
0

TUESDAY, MARCH 7, 2000

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 ...................................................................$ Capital Felony Expense .............................................................$ 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...........................................................$ 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............................................$ Georgia Regional Transportation Authority............................$ Total Funds Budgeted................................................................$ Tobacco Funds Budgeted ...........................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Executive Division

22,331,754

2033
10,958,360 8,989,561
488,929 475,103 112,380 34,422 309,790 440,348 94,392
13,435 10,958,360 10,958,360
119,890,465 20,148,911 2,505,576
504,723 0
384,085 1,451,218 1,410,060
693,735 517,228 750,000 2,128,851 15,414,100 133,355 40,500,000
190,000 5,000,000 3,165,581
0 617,500 3,281,250 900,263 2,847,147
0 189,073
0 1,128,125 1,250,000 50,000,000 4,911,497 223,104,491 63,082,213 56,808,252
State Funds
$ 21,967,933

2034

JOURNAL OF THE HOUSE

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

$

4,262,187
47,191,386 8,192,933
66,194,062 55,241,304
2,906,248 1,859,764 10,704,898 4,219,955 223,104,491

Section 8. Department of Community Health. 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 ..........................................................................$ Special Purpose Contracts.........................................................$ Purchase of Service Contracts ..................................................$ Grant in Aid to Counties...........................................................$ Health Insurance Payments......................................................$ Medical Fair................................................................................$ Loan Repayment Program.........................................................$ Medical Scholarships..................................................................$ Capitation Contracts for Family Practice Residency .................................................................................$ Residency Capitation Grants ....................................................$ Student Preceptorships..............................................................$ Mercer School of Medicine Grant .............................................$ Morehouse School of Medicine Grant.......................................$ SREB Payments..........................................................................$ Pediatric Residency Capitation .................................................$ Preventive Medicine Capitation................................................$ Total Funds Budgeted................................................................$ Tobacco Funds Budgeted...........................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Commissioner's Office Medicaid Benefits, Penalties and
Disallowances Program Management - Medicaid Systems Management - Medicaid General Administration

$

1,772,243

$ 3,345,359,674

$

40,905,852

$

48,323,258

$

52,340,642

$

3,994,685

$

15,615,348

$

3,165,581

$

64,821,013

$

0

$

1,587,257

$

916,686

$

3,732,293

$

4,089,669

$ 119,890,465

1,329,098,535 29,752,594 7,044,645 281,140 0 77,292
1,050,732,796 1,299,733 807,876
376,287,142 3,345,359,674
1,097,500 64,732 83,244 764,826 0 27,000
400,000 762,000
4,137,000 2,202,803
175,000 14,979,698 7,394,890
488,700 474,240
90,000 4,844,784,525
10,626,921 1,318,471,614

State Funds

$

892,197

$ 1,221,228,409

$

16,761,152

$

12,080,815

$

3,195,677

TUESDAY, MARCH 7, 2000

Minority Health Women's Health Employee Health Benefits Health Planning Georgia Board for Physician
Workforce Board of Medical Examiners Medical Education Board Primary and Rural Health Total

259,210 353,518 1,314,936,605 1,702,495
30,507,627 1,394,539 1,527,448 5,401,414
4,844,784,525

B. Budget Unit: Indigent Trust Fund....................... Per Diem, Fees and Contracts................................ Benefits...................................................................... Total Funds Budgeted.............................................. State Funds Budgeted.............................................

C. Budget Unit: PeachCare for Kids......................... Personal Services...................................................... Regular Operating Expenses................................... Travel......................................................................... Motor Vehicle Purchases.......................................... Equipment................................................................. Computer Charges.................................................... Real Estate Rentals................................................. Telecommunications ................................................. Per Diem, Fees and Contracts................................ PeachCare Benefits, Penalties and Disallowances........................................................ Total Funds Budgeted.............................................. Tobacco Funds Budgeted......................................... State Funds Budgeted.............................................

Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation................................... Personal Services...................................................... Regular Operating Expenses................................... Travel......................................................................... Motor Vehicle Purchases.......................................... Equipment................................................................. Computer Charges.................................................... Real Estate Rentals................................................. Telecommunications ................................................. Per Diem, Fees and Contracts ................................ Capital Outlay.......................................................... Utilities...................................................................... Court Costs............................................................... County Subsidy......................................................... County Subsidy for Jails ......................................... County Workcamp Construction Grants................ Central Repair Fund................................................ Payments to Central State Hospital for Meals..... Payments to Central State Hospital for Utilities. Payments to Public Safety for Meals..................... Inmate Release Fund............................................... Health Services Purchases......................................

2035
259,210 353,518 34,000,000 1,602,495
30,507,627 1,394,539 1,527,448 5,295,448
1,329,098,535
148,828,880 8,200,000
360,067,504 368,267,504 148,828,880
19,929,611 363,061 120,254 50,000 0 1,155 250,000 0 12,350
5,325,376
65,275,830 71,398,026 2,756,037 17,173,574
877,450,291 557,340,475 65,753,542
2,636,150 434,521
3,268,521 5,863,094 7,413,819 7,830,404 73,120,767
38,000 24,075,737
1,300,000 31,512,595 5,550,695
0 1,093,624 4,568,025 1,627,150
577,160 1,527,120 103,388,752

2036

JOURNAL OF THE HOUSE

University of Georgia - College of Veterinary Medicine Contracts .................................................................$
Minor Construction Fund..........................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Funding.............................................................$ Georgia Correctional Industries................................................$ State Funds Budgeted ...............................................................$

438,944 856,000 900,215,095 450,000
0 877,450,291

Departmental Functional Budgets

Total Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

$

33,830,220

$

15,936,000

$ 128,442,372

$

67,786,161

$ 654,220,342

$ 900,215,095

Section 10. Department of Defense. Budget Unit: Department of Defense..........................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications..................................................................^ Per Diem, Fees and Contracts ..................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Office of the Adjutant General Georgia Air National Guard Georgia Army National Guard Total

$

2,213,467

$

6,299,770

$

16,579,083

$

25,092,320

State Funds

$

33,323,220

$

15,636,000

$ 119,978,163

$

67,306,161

$ 641,206,747

$ 877,450,291

6,521,789 11,947,179 11,973,000
45,375 0
22,000 68,625 31,400 419,973 584,768
0 25,092,320 6,521,789

State Funds

$

2,010,301

$

874,070

$

3,637,418

$

6,521,789

Section 11. State Board of Education Department
of Education. A. Budget Unit: Department of Education ..................................$ Operations:
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications...................................................................^ Utilities........................................................................................$

5,354,487,427
38,454,432 6,261,937 1,393,112
0 317,592 1,643,484 72,619,527 9,765,535 2,198,230 808,452

TUESDAY, MARCH 7, 2000
Capital Outlay ............................................................................$ QBE Formula Grants:
Kindergarten/Grades 1 - 3 ........................................................$ Grades 4 - 8................................................................................$ Grades 9 - 12..............................................................................$ Limited English-Speaking Students Program.........................$ Alternative Programs.................................................................$ 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: Next Generation School Grants ................................................$ Youth Apprenticeship Grants....................................................$ High School Program .................................................................$ Payment of Federal Funds to Board of Technical
and Adult Education ..............................................................$ Vocational Research and Curriculum.......................................$ Education of Children of Low-Income Families ......................$ Even Start...................................................................................$ Instructional Services for the Handicapped ............................$ Retirement (H.B. 272 and H.B. 1321)......................................$ Tuition for the Multi-Handicapped ..........................................$ PSAT............................................................................................$ School Lunch (Federal) ..............................................................$ Joint Evening Programs ............................................................$ Education of Homeless Children/Youth....................................$ Pay for Performance...................................................................$ Remedial Summer School..........................................................$ Pre-School Handicapped Program ............................................$ Mentor Teachers.........................................................................$ Environmental Science Grants .................................................$ Advanced Placement Exams .....................................................$ Serve America Program.............................................................$ Alternative Programs.................................................................$ Drug Free School (Federal) .......................................................$ School Lunch (State) ..................................................................$ Mentoring Program ....................................................................$ Charter Schools ..........................................................................$ Emergency Immigrant Education Program.............................$ Chapter II - Block Grant Flow Through .................................$

2037
50,000
1,475,442,565 1,243,708,916
639,714,485 36,255,978 58,157,235
0 165,354,369 577,835,638 110,757,499 63,145,202 37,621,355 138,792,521 803,408,133 152,606,489 (931,966,943)
0 0
221,584,668 3,158,000 0 0 0 620,134 0
500,000 4,340,000 31,818,730
27,650,639 293,520
236,086,129 3,190,097 75,415,428 5,508,750 1,900,000 756,500
188,375,722 267,333 749,301
8,000,000 1,689,931 20,102,195 1,250,000
100,000 1,608,000 1,042,976
655,214 11,625,943 35,282,461
500,000 1,289,604 2,481,927 9,913,513

2038

JOURNAL OF THE HOUSE

State and Local Education Improvement................................$ Child Care Lunch Program (Federal).......................................$ Health Insurance - Non-Cert. Personnel and
Retired Teachers .....................................................................$ Governor's Scholarships.............................................................$ Innovative Programs..................................................................$ Title II Math/Science Grant (Federal)......................................$ Migrant Education .....................................................................$ Counselors................................................................................... $ Regional Education Service Agencies.......................................$ Severely Emotionally Disturbed ...............................................$ Georgia Learning Resources System........................................? Special Education in State Institutions...................................$ At Risk Summer School Program.............................................? Robert C. Byrd Scholarship (Federal) ......................................$ Technology Specialist .................................................................$ Year 2000 Project Funding........................................................$ Troops To Teachers ....................................................................? Child Care Program...................................................................$ Comprehensive School Reform..................................................$ Character Education ..................................................................$ Standards of Care......................................................................? State Fund Reserve....................................................................$ National Teacher Certification..................................................? Student Information System .....................................................$ Health Insurance Adjustment...................................................? Total Funds Budgeted................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs Technology Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

10,982,475 58,784,243
1,329,839 14,421,651
8,048,784
22,303,856 5,914,230,526
5,860,061 5,189,874 6,191,518 6,047,342,827

B. Budget Unit: Lottery for Education .......................................$ Computers in the Classroom.....................................................$ Distance Learning - Satellite Dishes .......................................? Post Secondary Options .............................................................$ Educational Technology Centers...............................................? Assistive Technology ..................................................................$ Applied Technology Labs ...........................................................$ Financial and Management Equipment...................................? Alternative Programs.................................................................$ Fort Discovery National Science Center..................................$ Capital Outlay ............................................................................$

24,962,356 0
124,547,892 3,693,967 1,690,215 5,042,895 274,395 0 10,745,889 60,128,000 3,774,785 3,884,639 4,632,785 1,059,000 0 0 0 0 45,027,264 0 0 0 476,580 0
155,299,707 6,047,342,827
0 5,354,487,427

State Funds

$

8,660,986

$

49,500,171

?

1,252,250

$

10,954,140

?

454,790

?

19,989,350

? 5,247,813,545

$

5,325,702

$

4,826,437

$

5,710,056

$ 5,354,487,427

48,005,375 31,406,875
0 4,500,000
910,000 0 0 0 0 0
11,188,500

TUESDAY, MARCH 7, 2000
Learning Logic Sites .............................................. Student Information System................................. Total Funds Budgeted............................................ Lottery Funds Budgeted........................................
C. Budget Unit: Office of School Readiness ........... Pre-Kindergarten - Grants.................................... Pre-Kindergarten - Personal Services.................. Pre-Kindergarten - Operations............................. Personal Services.................................................... Regular Operating Expenses................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Real Estate Rentals ............................................... Per Diem, Fees and Contracts.............................. Computer Charges.................................................. Telecommunications ............................................... Utilities.................................................................... Capital Outlay........................................................ Federal Nutrition Grants....................................... Total Funds Budgeted............................................ Lottery Funds Budgeted........................................ State Funds Budgeted...........................................
Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System........ Personal Services.................................................... Regular Operating Expenses................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Computer Charges.................................................. Real Estate Rentals............................................... Telecommunications ............................................... Per Diem, Fees and Contracts.............................. Benefits to Retirees................................................ Total Funds Budgeted............................................ State Funds Budgeted...........................................
Section 13. Forestry Commission. Budget Unit: Forestry Commission ......................... Personal Services.................................................... Regular Operating Expenses................................. Travel....................................................................... Motor Vehicle Purchases........................................ Equipment............................................................... Computer Charges.................................................. Real Estate Rentals............................................... Telecommunications ............................................... Per Diem, Fees and Contracts.............................. Ware County Grant................................................ Ware County Grant for Southern Forest World.. Ware County Grant for Road Maintenance......... Capital Outlay........................................................ Total Funds Budgeted............................................ State Funds Budgeted...........................................

2039
0 0 48,005,375 48,005,375
1,038,860 225,194,380
2,235,591 5,215,957 3,621,770
180,283 181,959
0 11,528 130,500 1,186,947 225,693 31,724
0 0 89,190,742 327,407,074 232,645,928 1,038,860
0 2,649,178
435,100 29,000
0 1,450 1,269,708 340,740 70,002 2,557,000
0 7,352,178
0
36,372,054 29,768,020 5,706,011
181,193 1,296,822 2,091,933
358,525 7,736
1,191,041 1,047,903
28,500 60,000
0 0 41,737,684 36,372,054

2040

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

Reforestation Field Services General Administration and
Support Total

$

2,167,586

$

35,630,506

$

3,939,592

$

41,737,684

Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Evidence Purchased ...................................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

5,083,318

$

25,689,248

$

10,327,270

$

18,766,000

$

59,865,836

Section 15. Office of the Governor. A. Budget Unit: Office of the Governor......................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Cost of Operations......................................................................$ Mansion Allowance.....................................................................$ Governor's Emergency Fund .....................................................$ Intern 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.......................................................$

State Funds

$

0

$

32,600,617

$

3,771,437

$

36,372,054

59,865,836 45,175,783
6,269,456 465,379 327,010
1,271,595 594,600 397,425
1,022,479 3,918,442
423,667 0
59,865,836 59,865,836

State Funds

$

5,083,318

$

25,689,248

$

10,327,270

$

18,766,000

$

59,865,836

46,359,267 21,147,745
1,405,024 322,189 0 76,318 383,825
1,169,608 535,984
13,077,662 4,637,233
40,000 4,015,000
198,913 4,047,581
274,194 275,000
0 250,000

TUESDAY, MARCH 7, 2000

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.....................................

Departmental Functional Budgets

Total Funds

Governor's Office

$

Office of Equal Opportunity

$

Office of Planning and Budget

$

Council for the Arts

$

Office of Consumer Affairs

$

Georgia Information Technology

Policy Council

$

Criminal Justice Coordinating

Council

$

Children and Youth Coordinating

Council

$

Human Relations Commission

$

Professional Standards Commission

$

Georgia Emergency Management Agency $

Governor's Commission for the

Privatization of Government

Services

$

Total

$

8,891,146 1,132,810 16,279,716 5,396,865 4,674,390
699,287
3,604,964
2,489,250 319,725
7,068,095 6,324,178
0 56,880,426

Section 16. 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 DCH-Medicaid Benefits...................................... Grants to County DFACS - Operations.................................. Operating Expenses.................................................................. Total Funds Budgeted............................................................... Indirect DOAS Services Funding.............................................

2041
1,697,750 1,500,000
684,400 1,085,000
0 57,000
0 0 56,880,426 46,359,267
State Funds
8,841,146 829,839
16,279,716 4,729,020 4,476,390
699,287
356,988
567,250 319,725 7,068,095 2,191,811
0 46,359,267
1,328,518,179
78,876,269 2,973,459 1,773,908
0 189,457 4,733,660 16,105,423 54,122,431 15,530,029
0 48,963,157 72,274,657
123,714 823,133 28,474,525
0 0 324,963,822 3,982,840

2042

JOURNAL OF THE HOUSE

Tobacco Funds Budgeted. 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 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 DD Council Total

$

1,344,784

$

4,244,550

$

11,647,581

$

10,500,132

$

48,963,157

$

1,346,027

$ 100,954,378

$

5,825,097

$

700,835

$

3,363,218

$

11,187,748

$

6,655,625

$

9,956,531

$

2,411,321

$

7,046,517

$

12,071,943

$

0

$

851,492

$

84,309,864

$

1,583,022

$ 324,963,822

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.......... Tobacco Funds Budgeted ....................... State Funds Budgeted ...........................

Departmental Functional Budgets

Total Funds

7,999,172 183,045,065
State Funds
1,344,784
4,244,550 5,674,443
10,225,132 35,485,726
1,346,027 60,230,473 4,351,889
690,835 3,336,649 5,529,832 2,262,247 5,576,898 2,411,321 7,046,517 1,866,786 (14,800,797)
851,492 53,351,596
17,837 191,044,237
50,155,723 75,482,406
933,752 0
195,367 1,326,062 16,608,517
212,356 1,007,667
574,000 24,026,873 177,927,320
0 190,327 4,222,222 352,862,592 324,160 51,942,557 158,483,296
State Funds

TUESDAY, MARCH 7, 2000

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

$

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

$

Smoking Prevention and Cessation

$

School Nurses

$

Public Health - Division

Indirect Cost

$

Total

$

12,327,588 1,283,237 2,721,237 2,000,456 6,572,025 4,961,807 3,148,889 11,431,380
84,249,547 70,815,959 13,163,802 3,985,267
1,955,575 1,614,700 5,731,645 1,455,319 1,128,918 2,830,080 1,572,269
161,799 5,814,348 2,109,715
431,404 2,010,912
569,526 2,007,829 6,880,977
197,405 15,392,913 10,713,458 14,925,541
113,034 12,818,141 15,765,890 30,000,000
0 352,862,592

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............................................................

2043
12,200,653 1,069,406 2,396,062
887,844 5,805,206 4,961,807 1,027,260 5,907,459
0 69,920,998 6,334,290 2,609,554
1,378,467 0
4,245,963 810,901 924,142
1,213,528 1,572,269
161,799 5,814,348 1,832,863
288,766 1,748,467
569,526 1,495,956 6,610,977
197,405 8,365,448 2,640,380 2,932,674
95,537 10,364,907 15,765,890 30,000,000
(1,724,899) 210,425,853
86,281,457 12,057,074 1,814,584
50,582 1,616,277 5,225,022 11,255,988
463,541 2,491,137 41,304,191
735,245 12,013,883
255,000 909,650 747,878 177,221,509

2044

JOURNAL OF THE HOUSE

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

$

68,891,905

$

898,949

$

511,903

$

10,471,695

$

1,995,681

$

744,540

$

53,685,557

$

11,718,295

$

28,302,984

$ 177,221,509

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..............................................$ Tobacco Funds Budgeted ...........................................................$ 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

$

680,284

$

5,044,690

$

2,692,796

$

3,903,827

$

14,223,520

$

1,797,000

$

2,526,886

$

3,760,577

$

44,129,349

$ 207,062,764

$

1,122,012

100,000 24,941,167

State Funds

$

13,442,346

$

463,969

$

511,903

$

2,851,205

$

595,056

$

744,540

$

0

$

89,039

$

6,243,109

$

24,941,167

22,377,142 3,601,014
884,107 0
510,512 3,695,697 30,648,035
0 1,596,679 4,152,403 210,130,196 7,087,433 330,199,676 37,666,463 2,037,559 356,267,547 1,018,077,593
0 3,341,218 375,215,070

State Funds

$

680,284

$

4,532,649

$

2,413,493

$

3,903,827

$

1,722,037

$

1,797,000

$

1,521,095

$

3,760,577

$

5,378,260

$

48,247,444

$

1,122,012

TUESDAY, MARCH 7, 2000

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

$

7,223,130

$ 119,921,895

$ 105,107,973

$

3,190,752

$

8,951,088

$

73,369,303

$

23,636,861

$

25,480,427

$

46,513,118

$

4,290,503

$

34,184,289

$

29,166,210

$

7,849,656

$

36,881,820

$

21,186,495

$ 173,320,622

$

3,911,923

$

4,152,403

$

0

$ 1,018,077,593

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..............................................$ Tobacco Funds Budgeted...........................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Southwestern State Hospital Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School and Hospital West Central Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Substance Abuse Residential Services

33,082,613 16,772,692 27,887,112 38,951,148 115,490,890
17,511,132 51,979,742 19,655,504 3,989,243
0 0

2045
0 0
58,991,568
41,942,803 0
2,831,934
37,340,519
9,166,404
8,888,089 15,861,742 2,520,990 20,534,195 23,370,978 4,891,413 22,122,444 7,090,170 50,186,937 3,871,923 4,152,403 (10,286,902) 378,556,288

281,013,704 54,669,354 200,000 9,483,000 1,991,161
375,926,222 723,283,441
1,313,100 10,251,882 513,298,752

State Funds

$

20,252,624

$

15,007,400

$

18,643,414

$

31,511,102

$

73,898,563

$

16,592,144

$

23,515,477

$

17,495,762

$

3,053,029

$

0

$

0

2046

JOURNAL OF THE HOUSE

Community Mental Health Services

$ 182,408,560

Community Mental Retardation

Services

$ 103,268,080

Community Substance Abuse Services $

92,895,677

State Administration

$

13,132,562

Regional Administration

$

6,258,486

Total

$ 723,283,441

$ 175,278,236

$ 72,095,601

$ 42,839,610

$

8,034,110

$

5,333,562

$ 523,550,634

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 DCH-Medicaid Benefits.......................................$ Grants to County DFACS - Operations ...................................$ Medical Benefits.........................................................................$ Total Funds Budgeted................................................................$

518,704,295 94,113,953 5,406,351
250,582 2,511,613 14,980,441 74,617,963 54,798,328 20,625,512 54,669,354 375,926,222 41,304,191 4,152,403 210,130,196 8,396,678 379,162,833 145,981,876 177,927,320 2,369,875 10,392,650 3,798,897 28,474,525 356,267,547 4,222,222 2,596,408,957

Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism .............................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Local Welcome Center Contracts..............................................$ Marketing....................................................................................$ Georgia Ports Authority Lease Rentals ...................................$ Foreign Currency Reserve .........................................................$ Waterway Development in Georgia..........................................$ Lanier Regional Watershed Commission .................................$ Georgia World Congress Center................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

29,120,263 12,052,496 1,311,323
605,806 20,000 93,724 391,336 818,323 422,215 2,679,887 250,600 10,424,553
0 0 50,000 0 0 29,120,263 29,120,263

TUESDAY, MARCH 7, 2000

2047

Departmental Functional Budgets

Total Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

$

12,882,785

$

4,450,933

$

2,797,368

$

4,413,412

$

824,516

$

3,751,249

$

29,120,263

Section 18. Department of Insurance. Budget Unit: Department of Insurance ......................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment....... ............................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts.............. ....................................$ Health Care Utilization Review................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile Home
Regulations Special Insurance Fraud
Fund Total

$

5,122,719

$

5,515,987

$

526,467

$

5,276,928

$

554,059

$

16,996,160

Section 19. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice .............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$ Utilities........................................................................................$ Institutional Repairs and Maintenance...................................$ Grants to County-Owned Detention Centers ..........................$ Service Benefits for Children....................................................$ Purchase of Service Contracts ..................................................$

State Funds

$

12,882,785

$

4,450,933

$

2,797,368

$

4,413,412

$

824,516

$

3,751,249

$

29,120,263

15,211,674 14,402,547
680,784 373,713 100,700
32,327 110,968 793,256 405,207 96,658
0 16,996,160 15,211,674

State Funds

$

5,122,719

$

5,515,987

$

526,467

$

3,492,442

$

554,059

$

15,211,674

267,606,728 156,984,350
14,718,392 2,756,260
228,444 1,039,874 2,802,748 2,377,856 2,141,205 22,635,243 3,490,764
697,800 0
31,768,772 32,274,441

2048

JOURNAL OF THE HOUSE

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 Sumter YDC Law Enforcement Office Assessment and Classification Multi-Service Centers Youth Services Administration Office of Training Total

63,456,060 20,864,776 13,255,597
0 8,931,092 18,551,294 28,945,797 13,860,642 27,531,121
522,286 1,129,273 38,360,371 5,605,061 2,664,649
735,684 3,989,237 22,372,291 3,140,918 273,916,149

Section 20. 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 21. Department of Law. Budget Unit: Department of Law................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment...................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$

0 0 273,916,149 267,606,728
State Funds
61,986,260 20,274,403 12,729,430
0 8,626,282 17,898,795 28,206,399 13,477,012 27,268,626
522,286 1,129,273 37,227,595 5,468,186 2,664,649
735,684 3,899,237 22,351,693 3,140,918 267,606,728
13,442,419 88,394,713
6,821,420 1,422,917
0 434,662 2,301,374 2,477,791 2,017,240 54,500,000 4,188,174
0 1,287,478
0 163,845,769
13,442,419
15,080,755 14,361,921
724,211 199,322
0 14,375 304,337 825,793

TUESDAY, MARCH 7, 2000

Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$ Books for State Library .............................................................$ Total Funds Budgeted................................................................! State Funds Budgeted ...............................................................$

Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration.........................................................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Equipment................................................................................... $ Real Estate Rents.......................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Total Funds Budgeted................................................................$ Federal Funds.............................................................................$ Other Agency Funds ..................................................................$ Agency Assessments...................................................................$ Employee and Employer Contributions ...................................$ Deferred Compensation .............................................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Executive Office Human Resource Administration Employee Benefits Internal Administration Total

1,378,534 4,187,787 2,057,120 4,787,222 12,410,663

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources....................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Authority Lease Rentals............................................................$ Advertising and Promotion........................................................$ Cost of Material for Resale .......................................................$ Capital Outlay: New Construction.......................................................................$ Repairs and Maintenance..........................................................$ Land Acquisition Support..........................................................$ Wildlife Management Area Land Acquisition .........................$ Shop Stock - Parks.....................................................................$ User Fee Enhancements............................................................$ Buoy Maintenance......................................................................$

2049
196,787 19,500,000
147,000 36,273,746 15,080,755
0 7,177,148
979,269 91,147 23,127 767,856 1,043,574 2,114,265 214,277 12,410,663
0 1,172,184 10,725,106
0 513,373
0
State Funds
138,245,588 81,710,805 14,639,902
718,983 1,590,997 3,103,198 3,191,333 9,634,719
889,418 1,381,799
0 675,000 1,290,056
860,176 2,925,500
243,750 982,330 350,000 1,300,000
74,250

2050

JOURNAL OF THE HOUSE

Waterfowl Habitat ......................................................................$ Paving at State Parks and Historic Sites................................$
Grants: Land and Water Conservation..................................................$ Georgia Heritage 2000 Grants..................................................$ Recreation.................................................................................... $ Chattahoochee River Basin Grants ..........................................$
Contracts: Paralympic Games......................................................................$ Technical Assistance Contract ..................................................$ Corps of Engineers (Cold Water Creek State Park)...............$ Georgia State Games Commission ...........................................$ U.S. Geological Survey for Ground Water Resources .............$ U.S. Geological Survey for Topographic Mapping...................$ Payments to Civil War Commission.........................................$ Hazardous Waste Trust Fund...................................................$ Solid Waste Trust Fund.............................................................$ Payments to Georgia Agricultural Exposition Authority.................................................................................. $ Payments to Mclntosh County..................................................$ Georgia Regional Transportation Authority............................$ Community Green Space Grants..............................................$ 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 Environmental Protection Pollution Prevention
Assistance Total

36,306,282 5,944,446 3,020,710
38,340,863 2,387,721
37,384,376 49,618,970
865,262 173,868,630

B. Budget Unit: Georgia Agricultural Exposition Authority.......................................
Personal Services.................................................. Regular Operating Expenses............................... Travel..................................................................... Motor Vehicle Purchases...................................... Equipment............................................................. Computer Charges................................................

0 500,000
800,000 341,000
0 0
0 0 170,047 210,218 300,000 0 66,000 7,595,077 6,132,574
2,091,498 100,000 0
30,000,000
173,868,630
840,190
0
2,663,931
1,434,982 200,000
138,245,588
State Funds
36,291,282 5,944,446 2,530,710 18,881,092 2,216,859
32,108,405 39,407,532
865,262 138,245,588
0 3,110,417 2,024,181
35,000 0
95,000 15,000

TUESDAY, MARCH 7, 2000

2051

Real Estate Rentals.................. Telecommunications.................. Per Diem, Fees and Contracts. Capital Outlay........................... Total Funds Budgeted............... State Funds Budgeted..............

Departmental Functional Budgets

Total Funds

Georgia Agricultural Exposition Authority

6,199,598

Section 24. State Board of Pardons and Parole. 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 25. 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 OaHay............................................................................$ Conviction Reports .....................................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Service Funding...............................................$ State Funds Budgeted ...............................................................$

2. Driver Services Budget: Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment................................................................................... $ Computer Charges......................................................................$
Real Estate Rentals ...................................................................$

0 80,000 840,000
0 6,199,598
0
State Funds
48,206,718 38,168,253
1,697,625 530,000 230,199 190,000 591,200
3,038,958 1,065,000 2,014,983
660,500 20,000 48,206,718 48,206,718
110,766,834
66,667,287 8,722,257
146,036 4,632,350
356,690 3,156,710
28,962 2,744,147 1,179,300
145,100 0 0
87,778,839 1,650,000
86,128,839
19,991,192 1,112,113
20,000 0
62,343 0
47,262

2052

JOURNAL OF THE HOUSE

Telecommunications ...................................................................$ Per Diem, Fees and Contracts..................................................$ Capital Outlay ............................................................................$ Conviction Reports .....................................................................$ State Patrol Posts Repairs and Maintenance..........................$ Driver License Processing .........................................................$ Total Funds Budgeted................................................................$ Indirect DOAS Service Funding ...............................................$ State Funds Budgeted ...............................................................$

Departmental Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

23,230,099 24,637,995 64,548,740 112,416,834

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..............................................

Departmental Functional Budgets

Total Funds

Office of Highway Safety Georgia Peace Officers Standards
and Training Police Academy Fire Academy Georgia Firefighters Standards and
Training Council Georgia Public Safety Training
Facility Total

3,499,544
1,533,430 1,190,424 1,230,113
475,357
11,349,575 19,278,443

Section 26. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System..................................................i| Payments to Employees' Retirement System..........................!] Employer Contributions.............................................................j

273,300 59,000
0 303,651 34,900 2,734,234 24,637,995
0 24,637,995

State Funds
21,730,099 24,637,995 64,398,740 110,766,834
15,160,145
9,035,116 2,561,652
111,389 78,020 197,746 229,185 213,807 287,084 287,958 2,425,200 3,551,286 300,000 19,278,443 15,160,145

State Funds

$

569,246

$

1,533,430

$

1,100,424

$

1,120,113

$

475,357

$

10,361,575

$

15,160,145

17,642,000 625,000
17,017,000

TUESDAY, MARCH 7, 2000

2053

Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$
Section 27. 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 ...............................................................$

17,642,000 17,642,000
8,996,591
'594',856 263,062 207,184 61,236 378,286 327,795 220,072 894,291 11,837,066 8,996,591

Departmental Functional Budgets

Total Funds

Administration Transportation Utilities Total

2,634,412 4,280,731 4,921,923 11,837,066

Section 28. 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......................................................I Sponsored Operations ................................................................$ Special Funding Initiative.........................................................$ Office of Minority Business Enterprise.............................,......$ Student Education Enrichment Program ................................$ Forestry Research.......................................................................$ Research Consortium.................................................................$ Capital Outlay ............................................................................$ Total Funds Budgeted................................................................$ Departmental Income.................................................................$ Sponsored Income.......................................................................$ Other Funds................................................................................$ Indirect DOAS Services Funding..............................................$ State Funds Budgeted ...............................................................$

B. Budget Unit: Regents Central Office and Other Organized Activities .............................................................$
Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations ................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$
Sponsored Operations ................................................................$

State Funds
2,634,412 1,713,567 4,648,612 8,996,591
1,400,113,629
1,484,018,422 215,731,047
372,966,590 637,169,805 52,012,028
1,132,248 365,217 979,646
14,196,890 0
2,778,571,893 103,648,940 852,900,852 418,868,972 3,039,500
1,400,113,629
175,280,651
307,288,421 119,541,146
139,951,984 61,560,179

2054

JOURNAL OF THE HOUSE

Fire Ant and Environmental Toxicology Research.. Agricultural Research................................................. Advanced Technology Development
Center/Economic Development Institute .................................................................... Seed Capital Fund - ATDC........................................ Capital Outlay............................................................. Center for Rehabilitation Technology........................ SREB Payments........................................................... 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. Area Health Education Center Contracts................. Total Funds Budgeted................................................. Departmental Income.................................................. Sponsored Income........................................................ Other Funds................................................................. Indirect DOAS Services Funding............................... State Funds Budgeted................................................

0 2,724,454
18,279,539 0 0
5,981,083 1,397,525
600,000 0
1,390,021
127,604
20,023,558 0
678,865,514 4,361,597
192,537,069 306,142,697
543,500 175,280,651

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 Radiation Therapy Center Athens and Tifton Veterinary Laboratories Regents Central Office Total

2,475,917 5,388,584 1,860,083 112,016,999
18,279,539 72,330,311 59,297,349
359,645,981
3,498,796
5,305,326 3,625,810
3,353,970
31,786,849 678,865,514

1,612,892 1,818,584 1,093,391 10,205,682
8,792,830 44,371,676 36,479,162
35,157,138
3,498,796
570,500 0
31,680,000 175,280,651

C. Budget Unit: Georgia Public Telecommunications Commission......................................................... $
Personal Services........................................................................$ Operating Expenses ...................................................................$ General Programming................................................................$ Distance Learning Programming..............................................$ Total Funds Budgeted................................................................$ Other Funds................................................................................$

0 10,520,302 14,117,994 4,040,278 4,855,685 33,534,259 33,534,259

TUESDAY, MARCH 7, 2000

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 .............................................. Research Consortium - Georgia Research Alliance ....... Capital Outlay................................................................... Total Funds Budgeted....................................................... Lottery Funds Budgeted...................................................
Section 29. 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......................................................

Departmental Functional Budgets

Total Funds

Departmental Administration Internal Administration Information Systems Compliance Division Income Tax Unit Motor Vehicle Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

22,195,668 4,391,675 10,734,339 25,455,604 8,501,078 16,808,562 170,125,059 5,091,345
20,000 6,303,459 2,891,088 272,517,877

Section 30. Secretary of State. A. Budget Unit: Secretary of State.. Personal Services........................... Regular Operating Expenses........ Travel.............................................. Motor Vehicle Purchases...............
Equipment......................................

2055
0
10,966,000 0
2,000,000 1,500,000 7,466,000
0 0 10,966,000 10,966,000
267,139,422 65,146,857 5,187,755 1,155,983 252,279 312,814 11,256,572 2,914,564 3,172,830 1,201,600 5,122,795 0 2,404,350 3,486,810 4,902,668 166,000,000 272,517,877 3,845,000 267,139,422
State Funds
22,195,668 4,241,675 9,719,139 25,315,604 8,201,078 15,508,562 168,591,604 4,991,345
20,000 5,463,659 2,891,088 267,139,422
30,079,419 18,129,809 2,916,736
226,150 177,357 66,481

2056

JOURNAL OF THE HOUSE

Computer Charges..................... Real Estate Rentals .................. Telecommunications .................. Per Diem, Fees and Contracts. Election Expenses...................... Capital Outlay ........................... 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

4,271,040

5,048,256

2,498,222

2,047,784

4,533,402

1,326,723

446,895

10,715,155

236,942

$

31,124,419

B. Budget Unit: Real Estate Commission. Personal Services..................................... Regular Operating Expenses.................. Travel........................................................ Motor Vehicle Purchases......................... Equipment................................................ Computer Charges................................... Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts............... Total Funds Budgeted............................. State Funds Budgeted ............................

Departmental Functional Budgets

State Funds

Real Estate Commission

$

2,305,430

Section 31. 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...............................................

2,856,446 2,990,229
845,455 1,284,856
640,900 990,000 31,124,419 30,079,419
State Funds
4,241,040 4,973,256 1,778,222 1,997,784 4,513,402 1,326,723
446,895 10,565,155
236,942 30,079,419
2,305,430 'l7
18,000 0
10,000 318,945 170,085
69,400 144,000 2,305,430 2,305,430
Cost of Operations
2,345,430
2,333,497 1,508,468
301,124 41,285 64,741 14,033 12,128 123,852 27,457 857,202 87,000

TUESDAY, MARCH 7, 2000

2057

Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 32. 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 ...............................................................$

Departmental Functional Budgets

Total Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

34,214,735
714,412 34,929,147

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 ...............................................................$ Pell Grant Offset........................................................................! Total Funds Budgeted................................................................! Lottery Funds Budgeted............................................................!

Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System.... Personal Services...........................................
Regular Operating Expenses........................

3,037,290 2,333,497
34,929,147 529,432 26,355 21,257 0 6,300 20,233 50,438 13,691 46,706 0
4,569,455 27,886,156
0
68,000 337,500
60,500 40,000 739,412
0 513,712 34,929,147 34,929,147
State Funds
34,214,735
714,412 34,929,147
225,882,697 112,874,779 31,591,018 18,958,716
0 33,311,070
839,784 232,330 3,500,000 975,000 600,000 23,000,000 225,882,697 225,882,697
3,270,000 7,287,093
350,300

2058

JOURNAL OF THE HOUSE

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 34. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education .................................................$
Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................! Equipment...................................................................................$ Real Estate Rentals ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Computer Charges......................................................................$ Telecommunications ...................................................................$ Salaries and Travel of Public Librarians ................................$ Public Library Materials ...........................................................$ Talking Book Centers ................................................................$ Public Library Maintenance and Operation............................$ Capital Outlay............................................................................! Personal Services-Institutions...................................................! Operating Expenses-Institutions...............................................! Area School Program.................................................................! Adult Literacy Grants................................................................! Regents Program........................................................................! Quick Start Program..................................................................! Total Funds Budgeted................................................................! State Funds Budgeted...............................................................!

Departmental Functional Budgets

Total Funds

Administration Institutional Programs Total

11,897,382 344,534,440 356,431,822

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............................................

20,500
0 6,000 967,909 622,335 219,698 333,500
0 3,100,000
170,000
0 13,077,335 3,270,000

278,175,497 8,418,204 598,890 177,380
0 145,000 940,529 544,265 926,328 146,786 16,472,191 6,357,426 1,113,974 8,143,341 5,783,907 206,598,523 60,999,037 6,323,754 19,618,824 3,623,463 9,500,000 356,431,822 278,175,497

State Funds

!

8,813,732

! 269,361,765

! 278,175,497

12,500,000

0 0

0 12,500,000
0 12,500,000

TUESDAY, MARCH 7, 2000

Lottery Funds Budgeted................................................

Section 35. Department of Transportation. Budget Unit: Department of Transportation................... Personal Services............................................................ Regular Operating Expenses......................................... Travel............................................................................... Motor Vehicle Purchases................................................ Equipment....................................................................... Computer Charges.......................................................... Real Estate Rentals....................................................... Telecommunications....................................................... Per Diem, Fees and Contracts...................................... Capital Outlay................................................................ Capital Outlay - Airport Aid Program......................... Mass Transit Grants...................................................... Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations..................................... Contracts with the Georgia Rail Passenger Authority...................................................................... Total Funds Budgeted.................................................... State Funds Budgeted...................................................

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 1,169,651,454

$ 231,171,912

$

19,606,694

$

33,141,361

$ 1,453,571,421

General Funds Budget

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

$

0

$

0

$

2,894,044

$

21,040,628

$

710,855

$

24,645,527

Section 36. 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................................................................... Capital Outlay............................................................................

2059
12,500,000
591,056,360 273,978,188 63,813,492
2,188,931 2,000,000 9,645,685 12,829,146 1,335,963 4,492,508 94,456,742 995,081,113 4,741,866 12,451,793
710,855
490,666 1,478,216,948
591,056,360

State Funds

$ 314,595,088

$ 214,188,857

$

18,874,694

$

32,341,361

$ 580,000,000

0 0 2,356,833 7,988,672
710,855 11,056,360
19,712,427 5,539,711
297,803 100,000
0 163,057 27,080 264,941 83,660 14,810,500
7,691,999 0

2060

JOURNAL OF THE HOUSE

WWII Veterans Memorial........................... Regular Operating Expenses for Projects
and Insurance .......................................... Total Funds Budgeted................................. State Funds Budgeted ................................

Departmental Functional Budgets

Total Funds

Veterans Assistance Education and Training Veterans Nursing
Home-Augusta Total

$

21,419,752

$

0

$

7,994,999

$

29,414,751

Section 37. Workers' Compensation Board. Budget Unit: Workers' Compensation Board...............................$ Personal Services........................................................................$ Regular Operating Expenses.....................................................$ Travel...........................................................................................$ Motor Vehicle Purchases............................................................$ Equipment. ..................................................................................$ Computer Charges......................................................................$ Real Estate Rentals ...................................................................$ Telecommunications ...................................................................$ Per Diem, Fees and Contracts ..................................................$ Payments to State Treasury .....................................................$ Total Funds Budgeted................................................................$ State Funds Budgeted ...............................................................$

Section 38. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) ...................................................$ Motor Fuel Tax Funds (Issued) ................................................$
$

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) ......................................................$ Motor Fuel Tax Funds (New)....................................................$

0
436,000 29,414,751 19,712,427
State Funds
15,340,092 0
4,372,33j 19,712,427
11,732,640 9,630,037
434,815 140,600
0 9,288 220,320 1,206,524 251,656 99,400
0 11,992,640 11,732,640
507,461,866 25,000,000 532,461,866

Section 39. 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, As-

TUESDAY, MARCH 7, 2000

2061

sistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the 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 40. Provisions Relative to Section 4, Department of Administrative Ser vices. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2000 of all vehicles purchased or newly leased during Fiscal Year 2000.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the 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 41. 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

Board of Education Augusta/Richmond County
Board of Education Augusta/Richmond County
Augusta/Richmond County
Board of Education Augusta/Richmond County

Purchase athletic equipment and

uniforms for the Glenn Hills High

School in Augusta/Richmond County

$ 10,000

Purchase equipment, furnishings for

use in the technical program at Glenn

Hills High School in Augusta/Richmond

County Operating funds for CSRA Transitional

$ 15,000

Center, Inc. in Augusta/Richmond

County Purchase equipment for Terrace Manor

$ 15,000

Elementary School in Augusta/Richmond

County

$ 10,000

2062
Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Board of Education Burke County
Board of Education Burke County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
City of Riverdale
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Gwinnett County

JOURNAL OF THE HOUSE

Operating funds for Augusta/

Richmond Opportunities Center, Inc.

$

Operating funds for Neighborhood

Improvement Project, Inc. (provides

health care services, and counseling

programs) in Augusta/Richmond County $

Operating funds to supplement cost

of running summer programs at the

Belle-Terrace Community Center in

Augusta/Richmond County

$

Purchase a computerized reading program

(Waterford Program) for primary

schools in Burke County

$

Installation, site set up and training

fees for distance learning classes

in Burke County

$

Operating funds for the fine arts

and band programs at North Clayton

High School in Clayton County

$

Purchase playground equipment for

Northcutt Elementary School in

Clayton County

$

Purchase playground equipment for E. W.

Oliver Elementary School in Clayton

County

$

Purchase playground equipment for Church

Street Elementary School in Clayton

County

$

Improvements for city park including

repairs and purchasing equipment in

the City of Riverdale

$

Purchase playground equipment for

West Clayton Elementary School in

Clayton County

$

Operating funds for the athletic

program, fine arts and band programs

at North Clayton Middle School in

Clayton County

$

Operating funds for fine arts and

band programs at Riverdale High

School in Clayton County

$

Operating funds for the athletic

program at Riverdale High School in

Clayton County

$

Operating funds for the athletic

program, fine arts and band programs

at Riverdale Middle School in

Clayton County

$

Purchase playground equipment at

Riverdale Elementary School in

Clayton County

$

Operating funds for the athletic

program at North Clayton High School

in Clayton County

$

Purchase equipment for Creative

Enterprises, Inc. at Gwinnett County

$

10,000
10,000
5,000 50,000 15,000 10,000
5,000 5,000 5,000 10,000 5,000
10,000 10,000 10,000
5,000 5,000 10,000 50,000

Board of Education Tattnall County
Tattnall County
City of Claxton Board of Education
Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Board of Education Clayton County
Fulton County
Clayton County
Clayton County
City of Allentown Jones County
Jones County Twiggs County

TUESDAY, MARCH 7, 2000

2063

Expand and improve the canning plant

at Tattnall County High School

$ 25,000

Operating funds for the East Collins

Community Center after school program

in Tattnall County

$ 10,000

Purchase equipment for Claxton Police

Department

$ 40,000

Repair and renovate P.E. Athletic Field

and purchase uniforms and athletic

equipment for Lovejoy Middle

School in Clayton County

$

2,500

Purchase equipment and security monitors

for Pointe South Middle School in

Clayton County

$ 10,000

Funding to complete student services

at the newly completed M.D. Roberts

Middle School in Clayton County

$

8,000

Construct an outdoor pavilion at Lee

Street Elementary in Clayton County

$ 10,000

Construct a black top area for P.E.

instruction at Pointe South Elementary

in Clayton County

$

9,000

Purchase playground and outdoor fitness

equipment for the new Hawthorne

Elementary School in Clayton County

$

7,500

Improvements to the marching band

practice field for the fine

arts program at Lovejoy High School

in Clayton County

$

3,000

Purchase audio/visual equipment for

computer technology instruction at

Jonesboro Middle School in Clayton

County

$

2,500

Restore the Old Mundy Mill in Clayton

County

$

5,000

Complete a walking track for the

students at Brown Elementary School

in Clayton County

$

2,500

Operating funds to conduct an after

school tutorial program by Old

National Merchants Assoc./WrapAround

Collaborative in Fulton County

$ 50,000

Purchase new furniture and laptop

computer for the Clayton County

Aging Program Advisory Board

$ 10,000

Operating funds for the Calvary Refuge

Center shelter for the homeless

in Clayton County

$ 50,000

Purchase a hitch tractor for the City

of Allentown

$ 20,000

Develop a feasibility study and

comprehensive plan for sewer system

improvements in Gray and Jones County $ 25,000

Purchase van for the 4-H Club Program in

Jones County

$ 28,000

Renovate courthouse in Twiggs County

$ 19,000

2064
Jones County
City of Savannah City of Valdosta City of Valdosta City of Valdosta Lowndes County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Clayton County Commission
Board of Education Clayton County
Board of Education Clayton County
Clayton County Thomas County Thomas County
Board of Education Fulton County
Board of Education Fulton County
City of Hazelhurst Jeff Davis County
Board of Education Jeff Davis County
City of Denton
Jeff Davis County

JOURNAL OF THE HOUSE

Purchase materials and labor for

restoration and repair of the

Jones County Public Library

$

8,000

Purchase green space/park for Liberty

City Community in the City of Savannah $ 50,000

Operating funds for the Valdosta Food

Bank

$ 35,000

Maintenance and repairs for

Valdosta/Lowndes Arts Commission

$

5,000

Repair Lowndes County Historical Society

and Museum building

$

5,000

Operating funds for after school

learning lab for the Boy's and

Girl's Club of Valdosta, Inc.

$ 15,000

Operating funds for the Outreach

Programs at Boys and Girls

Clubs of Columbus, Inc.

$ 120,000

Purchase a shelter facility for the

Children's Emergency Shelter and

Assessment Center

$ 100,000

Operating funds for Metropolitan

Columbus Task Force for the Homeless

$ 25,000

Operating funds for the Clayton Clean

and Beautiful program for educational

information

$ 15,000

Purchase books for the Jonesboro Middle

School library

$

4,800

Purchase projection device for the M.D.

Roberts Middle School technology

addition in Clayton County

$

4,800

Landscaping at Clayton County Department

of Transportation

$ 10,000

Renovation and repairs to the Thomas

County courthouse clock and tower

$ 10,000

Purchase/install an acoustical ceiling

and purchase furniture and equipment

at the Marguerite Neel Williams Boys

and Girls Club of Thomas County

$ 30,000

Operating funds for the "Georgia Garden

of Opportunity" outdoor classroom at

Webb Bridge Middle School in

Fulton County

$ 10,000

Construction and purchase supplies for

the "Science Fair Project" classroom

at Medlock Bridge Elementary School

$ 40,000

Purchase property for Hazelhurst

Community Center

$ 25,000

Provide for after school program

specializing in the arts for Jeff

Davis Arts Council

$ 10,000

Improvements to the Jeff Davis High

School Tennis Court

$ 25,000

Purchase/install lights for the

recreational center in the City of

Denton

$ 10,000

Public Safety Park for the Jeff Davis

County EMS

$

5,000

TUESDAY, MARCH 7, 2000

Appling County City of Baxley City of Baxley Development Authority
of Jeff Davis County
City of Roswell
Henry County
Board of Education Henry County
Board of Education Henry County
City of McDonough
City of Eatonton Oglethorpe County Board of Education
Greene County City of Adairsville City of Cave Springs
Board of Education Gwinnett County
Gwinnett County Telfair County
Development Authority Board of Education
Telfair County Dodge County Dodge County Bleckley Co Bleckley County Bleckley County City of Cochran

Improvements to the Long Branch Community Center building
Rebuild and upgrade the picnic pavilion at Ernest J. Parker park in Baxley
Purchase breathing equipment for each fire department in the City of Baxley
Completion of structural study of historic residence for use as tourism complex for the Jeff Davis County Development Authority
Promote the Chattahoochee River Trail System for the Roswell Convention and Visitors Center
Provide maintenance for the Flint Circuit Council on Family Violence in Henry County
Purchase/install lighting for the girl's softball field at Stockbridge High School in Henry County
Purchase equipment for Stockbridge Middle School Technology Team in Henry County
Purchase/install lighting for recreation ballfields at Alexander Park in the City of McDonough
Historic Madison Avenue School Project in the City of Eatonton
Renovate the Crawford Clubhouse at the Oglethorpe County Recreation Dept.
Renovate Historic Greene County Jail
Renovation of the fireball in the City of Adairsville
Repair/replace roof for the city building and purchase fire equipment for the City of Cave Springs
Improvements to the Duluth Youth Softball field at Duluth High School in Gwinnett County
Restore the Lawrenceville-Gwinnett Historical Cemetery
Operating funds for the Telfair County Development Authority
Operating funds for the Telfair County athletic program
Repair Dodge County courthouse and purchase computers
Operating funds for the Dodge County Recreation Commission
Operating funds for the recreation departments in Bleckley County
Purchase technology equipment for Bleckley County public safety
Operating funds for the Bleckley County Fire Department
Recreation facility planning and renovation in the City of Cochran

2065

$

5,000

$

5,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 10,000

$ 10,000

$ 10,000 $ 40,000 $ 20,000 $ 40,000 $ 40,000

$ 45,000

$ 50,000 $ 25,000 $ 25,000 $ 20,000 $ 55,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 15,000

2066 City of Cochran Richmond County
Richmond County
Richmond County
Augusta/Richmond Co
Augusta/Richmond Co
Augusta State University
City of Fayetteville City of Concord Upson County City of Kingston Polk County City of Rockmart City of Euharlee City of Aragon City of Cedartown
Columbus/Muscogee County
Columbus/Muscogee County
City of Tybee Island
City of Tybee Island City of Atlanta

JOURNAL OF THE HOUSE

Develop a master plan for the Cochran

Airport

$

Promote collection and management

efforts of the Augusta/Richmond

County Museum

$

Purchase food for the poor by the

Harrisburg Westend Neighborhood

Association Inc.

$

Restore the Boyhood home of President

Woodrow Wilson and the Boyhood home of

U.S. Supreme Court Justice Joseph

Rucker Lamar by Historic Augusta, Inc.

$

Replace a portion of flowers lost during

last year's drought in Augusta/

Richmond County

$

Repair and purchase/install new seating

for the Imperial Theater in Augusta/

Richmond County

$

Rehabilitate the University Golf Course

through the Augusta Golf Association

$

Restore the historic Hollingsworth House

in the City of Fayetteville

$

Upgrade the City of Concord municipal

water system

$

Improvements to the recreation facility

in Upson County

$

Operating funds for the museum in the

City of Kingston

$

Operating funds for Polk County

Recreation Commission

$

Provide recreational funds for the City

of Rockmart

$

Recreation and parks improvements for

the City of Euharlee

$

Recreational and parks improvements for

the City of Aragon

$

Recreational improvements for the City

of Cedartown at Northwest Field and

Little League

$

Match challenge grants for the Human

Experience Theater in Columbus/

Muscogee County

$

Operating funds for day care center at

Easter Seals of West Georgia, Inc. in

Columbus/Muscogee County

$

Funds for educational beach walks and

ecosystem tours for school children

for the City of Tybee Island

$

Purchase/install snow fencing for

Tybee Island beach work

$

Provide housing residential improvement

and economic development for

Pittsburgh Community Improvement

Association in the City of Atlanta

$

10,000 25,000 25,000
25,000 25,000 25,000 25,000 10,000 25,000 25,000 10,000 30,000 30,000 30,000 20,000 30,000 25,000 40,000 25,000 50,000
50,000

City of Atlanta
Liberty County
City of Hinesville City of Walthourville Gwinnett County Board of Education
Ware County Ware County Ware County Ware County
Clayton County Dougherty County Dougherty County
Miller County City of Colquitt Troup County
City of Manchester
City of Luthersville Dougherty County
Board of Education Fulton County
Board of Education Pulaski County
Crisp County

TUESDAY, MARCH 7, 2000

Pilot program for the Awareness of

Prevention of Substance Abuse for the

Fulton Atlanta Community Action

Authority, Inc. in Atlanta

$

Construct and equip swimming pool for

the Liberty County Recreation

Department

$

Equip fire station in the City of

Hinesville

$

Purchase equipment for the City of

Walthourville

$

Improvements for athletic facilities at

Shiloh High School in Gwinnett County

$

Mobile classroom unit for Ware County

Magnet School and acoustical

improvements at Ware County High Gym $

Improvements at the Ware County

Recreation Department

$

Joint Tourism Program for Ware and

Pierce Counties

$

Drain tile installation at the Pierce

County Industrial Park site and site

preparation for the Ware County

Industrial Park

$

Construction at the Rainbow House, Inc.

in Clayton County

$

Operating funds for the Dougherty

County Community Coalition

$

Operating Funds for River Rd Inc., d/b/a

SAFEC-South Albany Family Enrichment

Collaborative

$

Renovation of Miller County Extension

Building

$

Construct a new baseball/softball

facility on Milford Road in Colquitt

$

Purchase fixtures, furniture and

equipment for the W. J. Griggs

recreation center in Troup County

$

Renovate and expand the capacity of the

public day care center for day care

slots in the City of Manchester

$

Repairs and renovations to the old

Luthersville Elementary School

$

Construct a memorial to confederate

soldiers including the landscaping of

a one acre park in Dougherty County

$

Purchase technology and equipment for

Spalding, Woodland, Roberts Road,

Heards Ferry, and High Point

Elementary Schools

$

Purchase uniforms and equipment for

Hawkinsville High School Band in

Pulaski County

$

Operating and maintenance funds for

Crisp Area Art Alliance

$

2067
10,000 20,000 20,000 10,000 50,000 50,000 25,000 10,000
25,000 50,000 25,000 10,000 25,000
5,000 20,000 25,000 30,000 25,000
50,000 40,000 20,000

2068

JOURNAL OF THE HOUSE

City of Pinehurst

Renovate the Old Depot in City of

Pinehurst for Community Gathering

Center

$

Board of Education

Purchase/install technology connections,

Cobb County

wiring, security systems at Powers

Ferry Elementary School in Cobb

County

$

Bibb County

Planting and beautification of southern

gateway into Bibb County

$

Board of Education

Purchase uniforms, instruments, and

Stewart County

equipment for the Stewart County

School for the Arts

$

Stewart County

Purchase a rescue truck and equipment

for the Stewart County EMS

$

City of Cusseta

Operations for City Pound in the City

of Cusseta

$

Board of Education

Carpet and floor replacement from

Randolph County

flooded areas at Randolph County

Elementary

$

Chattahoochee County To drill a groundwater well and replace

pump in Chattahoochee County

$

City of Dalton

Establishment of official visitors

center through the Dalton Convention

and Visitors Bureau

$

Dawson Downtown

Creation of park area for Main Street

Development Authority for the Dawson Downtown Development

Authority

$

Board of Education

Purchase athletic equipment for Calhoun

Calhoun County

County

$

City of Dawson

Restore Carnegie Library in the City of

Dawson

$

Marion County

Recreation improvements and expansions

in Marion County

$

Board of Education

Create a nature learning trail for

Columbia County

Martinez Elementary in Columbia

County

$

Board of Education

Purchase classroom computers for

Columbia County

Riverside Elementary School in

Columbia County

$

Board of Education

Athletic improvements at Lakeside High

Columbia County

School in Columbia County

$

Board of Education

Purchase classroom computers for Blue

Columbia County

Ridge Elementary in Columbia County

$

Board of Education

Refurbish football stadium and field

Columbia County

houses at Evans Middle School in

Columbia County

$

Board of Education

Band room improvements at Evans High in

Columbia County

in Columbia County

$

Board of Education

Purchase classroom computers for Stevens

Columbia County

Creek Elementary in Columbia County

$

Athens/Clarke County Upgrade computers and expand services at

the Athens Neighborhood Health Center $

Athens/Clarke County Operating funds for Athens Child

Development, Inc. for emergency child

care

$

15,000
25,000 30,000
10,000 10,000 5,000
35,000 40,000
2,500
30,000 10,000 40,000 15,000
5,000
5,000 25,000 5,000
5,000 25,000
5,000 20,000
30,000

Clarke County
City of East Point DeKalb County
Board of Education DeKalb County
Douglas County City of Pine Lake DeKalb County
DeKalb County City of Sycamore
City of Sumner City of Sylvester City of Rebecca City of TyTy
City of Ashburn City of Sylvester City of Atlanta Fulton County City of Atlanta Berrien County
City of Adel Cook County City of Nashville Berrien County Augusta/Richmond
County

TUESDAY, MARCH 7, 2000

2069

Operating funds for Northeast Ga. Health

Center for the Patient Cardiovascular

Disease Prevention Project in East

Athens

$ 25,000

Start Up and Operations of Atlanta

Fulton Council on Youth

$ 50,000

Purchase van, insurance and maintenance

for Scottdale Child Development and

Family Resource Center, Inc. DeKalb

County

$ 40,000

Operating funds for the Clarkston

Community Center in DeKalb County

$ 20,000

Operation of the emergency 911 dispatch

system in Douglas County

$ 40,000

Safety and maintenance of public

buildings in the City of Pine Lake

$ 20,000

Operating funds for Art Station, Inc.

after school art time and summer

programs in DeKalb County

$ 25,000

Renovations at the Art Station Inc. in

DeKalb County

$ 30,000

Improvements to City Park and purchase

recreation equipment in the City of

Sycamore

$ 10,000

Renovate the sprinkler system in the

Old Sumner School auditorium

$ 10,000

Improvements and purchases for the

Margaret Jones Public Library

$ 10,000

Construction, equipment and supplies for

the City of Rebecca recreation area

$

7,500

Improvements to the Central park walking

area and recreation equipment purchase

for the City of TyTy

$

7,500

Renovation and improvements to Old City

recreation department in Ashburn

$ 10,000

Renovation and improvements to historic

Jeffords park in Sylvester

$ 20,000

Support a Southwest YMCA program in the

City of Atlanta

$ 25,000

Operating funds for the Holistic Stress

Control, Inc. in Fulton County

$ 25,000

Operating funds for the Sickle Cell

Foundation of Georgia in Atlanta

$ 100,000

Purchase life saving emergency equipment

for the West Berrien Volunteer Fire

Department

$ 10,000

Construction of Union Rd Veterans Park

in the City of Adel

$

5,000

Purchase Fire Fighter Emergency

Equipment in Cook County

$ 15,000

Renovation project for multi- purpose

building in the City of Nashville

$ 20,000

Purchase Fire Fighting Emergency

Equipment in Berrien County

$ 10,000

Improvements to a recreation facility

and adjacent facilities in Augusta/

Richmond County

$ 45,000

2070

JOURNAL OF THE HOUSE

Augusta/Richmond

Operating funds for Good Hope Social

County

Services summer school program in

Augusta/Richmond County

$ 20,000

City of Rochelle

Renovation and repair to City Hall in

the City of Rochelle

$ 10,000

City of Pitts

Construction of a spec building for the

Industrial Park in the City of Pitts

$ 25,000

Ben Hill County

Lighting for a new ballfield in Ben

Hill County

$ 10,000

Ben Hill County

Construct a new facility for the Fire

Station #5 in Ben Hill County

$

5,000

Wilcox County

Construction of volunteer fire

department for the Cedar Creek Fire

Department in Wilcox County

$

5,000

City of Pineview

Expansion of building occupied by the

Clerk's office, Council, Chamber,

Municipal Courtroom and Police

Headquarters in the City of Pineview

$ 10,000

Irwin County

Renovation and lighting for the Irwin

County girl's softball field

$ 10,000

Irwin County

Purchase equipment and start-up for the

new Pleasure Lake Fire Department in

Irwin County

$

5,000

City of Pitts

,

Planning of Industrial Complex in Wilcox

County

$ 10,000

City of Abbeville

Completion of construction of Abbeville

Fire Department Building

$

5,000

Ben Hill County

Monitor Enrichment Program in Ben Hill

County

$ 20,000

Town of Mitchell

Renovate and upgrade downtown sidewalk

in the Town of Mitchell

$ 10,000

Glascock County

Renovate courthouse annex and purchase

fire equipment for Glascock County

$ 10,000

Board of Education

Funds for land clearing/facilities for

Taliaferro County

new Taliferro County school

$ 10,000

Warren County

Purchase furniture/fixtures for new

Warren County Courthouse

$ 15,000

Hancock County

Purchase turn-out gear and equipment

for Hancock County Volunteer Fire

Department

$

5,000

Board of Education

Expand Summer Science Camp and Band

Hancock County

Program in Hancock County

$ 10,000

City of Sparta

Revitalization of downtown business

district and sidewalks in the City

of Sparta

$ 10,000

Hancock County

Purchase uniforms, tools, and equipment

for the Hancock Emergency Management

Agency

$

5,000

City of Talbotton

Improvements to the Kiddie Park in the

City of Talbotton

$ 30,000

Muscogee County

Operating funds for tutoring and

recreation activities for the

Columbus Community Center Outreach

$ 25,000

City of Woodland

Purchase/install lighting for Woodland

Community Park

$ 10,000

Talbot County Library Train school-age to college youths in

basic computer skills in Talbot County

$ 10,000

TUESDAY, MARCH 7, 2000

Board of Education

Plant trees, shrubs and grass on the

Columbia County

school playground and install an

irrigation system at Evans Elementary

School in Columbia County

$

Board of Education

Improvements to softball fields at

Columbia County

Harlem High, Lakeside High, and

Greenbrier High (lights for three

softball fields)

$

Augusta/Richmond

Beautify five entrances of Harlem with

County

trees and shrubs in Augusta Richmond

County

$

Board of Education

Planning funds for McDuffie County

McDuffie County

Environmental Education Center

$

City of Thunderbolt

Operating expenses for the Thunderbolt

Council for assistance for two major

drinking water projects

$

City of Savannah

Rebuild existing bathrooms in the W.W.

Law Regional Center, a multi-

recreational center

$

City of Savannah

Purchase equipment and medical supplies

for Savannah Health Mission clinic

$

Peach County

Replace current heating and

air-conditioning system in the Spruce

Street School Complex in Peach

County

$

Taylor County

Purchase and install tornado warning

sirens in Taylor County

$

City of Marshallville

Construct a sewer service for the

proposed Post Office in Marshallville

$

Stephens County

Operating funds for the Civil Defense

ATV in Stephens County

$

Stephens County

Operating funds for Stephens County

Volunteer Fire Depts

$

Franklin County

Operating funds for Gum Log Fire Dept in

Franklin County

$

Toccoa/Stephens County Planning of an airport terminal in

Airport Authority

Toccoa/Stephens County

$

City of Baldwin

Purchase duty weapons and gear for the

Baldwin Police Department

$

City of Baldwin

Purchase turn-out gear and fire fighting

equipment in the City of Baldwin

$

City of Toccoa

Initiate purchase of a 92 acre tract of

land along the Tugalo River and

reconstruct a heritage village

$

City of Toccoa

Repair Toccoa Little League fields

$

Lumpkin County

Purchase computer equipment for Lumpkin

County Emergency Services

$

Banks County

Upgrade computers in foster homes in

Banks County

$

Board of Education

Improvements to athletic field/community

Jasper County

ampi-theater in Jasper County

$

Alcovy Shores Water

Improvements to Alcovy Shores Public

and Sewerage Authority Water System in Jasper

(Jasper County)

County

$

Jones County

Study and plan for sewerage system

improvements in Jones County

$

2071
4,000
30,000
6,000 10,000
35,000
10,000 15,000
35,000 25,000 15,000
7,000 25,000
5,000 25,000
7,000 10,000
15,000 29,000 25,000 2,000 20,000
15,000 15,000

2072 Monroe County Board of Education
Jasper County City of Culloden DeKalb County
DeKalb County DeKalb County DeKalb County Screven County Bulloch County Bulloch County City of Cartersville City of Harrison Jefferson County
Bibb County Bibb County Bibb County DeKalb County
City of Decatur Board of Education
DeKalb County
DeKalb County
Board of Education City of Marietta
Bulloch County
Jenkins County

JOURNAL OF THE HOUSE

Improvements to Monroe County courthouse

electrical systems

$ 15,000

Purchase band/music program uniforms at

at Jasper County schools

$ 10,000

Purchase fire truck and equipment for

the City of Culloden

$ 15,000

Implementation of brain-based layered

curriculum at Shamrock Middle School

in DeKalb County

$ 10,000

Operating funds for DeKalb Clean and

Beautiful projects

$ 25,000

Maintenance of Lithonia Women's Club

$

5,000

Operation of athletic activities for

Browns Mill Park in DeKalb County

$ 20,000

Furnish additional jail beds for the

Screven County Sheriff's Department

$ 25,000

Renovate and rewire Brooklet Elementary

School in Bulloch County

$ 25,000

Remodel and renovate livestock center

in Bulloch County

$ 50,000

Improvements to the firing range at the

Cartersville Police Department

$

5,000

Renovate old building and construct new

City Hall for the City of Harrison

$ 75,000

Remodel building for Chamber of Commerce

and Economic Development office in

Jefferson County

$ 25,000

Operating funds for the Harriette

Tubman Museum in Bibb County

$ 150,000

Operating funds for the Hope initiative

in Bibb County

$ 20,000

Operating funds for Disabilities

Connections in Bibb County

$ 20,000

Construct picnic pavilion and repave

main service drive at the Gresham Park

Baseball and Gresham Park Youth

Football Association in DeKalb County

$ 30,000

Operating funds for Young Life South

DeKalb mentoring program

$ 15,000

Purchase of materials and equipment,

construction of indoor habitat and

operating funds for field trips for

Cedar Grove Middle School in

DeKalb Co.

$ 10,000

Operating funds for the SLAM (Students

Learning and Advancing in Math) Plus

Reading program in DeKalb County

$

5,000

Purchase of elementary school music

keyboarding labs the City of

Marietta

$ 50,000

Improvements to picnic pavilion in

Brooklet Park for the Statesboro/

Bulloch County Recreation Department

$ 10,000

Purchase equipment for the Jenkins

County Hospital

$ 20,000

Board of Education Candler County
Athens/Clarke County
Athens/Clarke County UGA- Rodeo Club Board of Education
Elbert County Board of Education
Elbert County Lincoln County Lincoln County Elbert County
Lincoln County Lincoln County
City of Rayle Fulton County
Board of Education DeKalb County
DeKalb County
Board of Education DeKalb County
DeKalb County
DeKalb County
DeKalb County
Montgomery County
City of Vidalia

TUESDAY, MARCH 7, 2000

2073

Purchase furniture for a new high

school in the City of Metter,

Chandler County

$ 20,000

Operating funds for the Food Bank of

Northeast Georgia in Athens/Clarke

County

$ 25,000

Purchase van for the Athens Regional

Library System in Athens/Clarke County $ 25,000

Start up funds and travel expenses

to regional rodeos

$ 10,000

Purchase playground equipment for

Bowman Elementary School in Elbert

County

$

2,500

Purchase equipment for Elbert County

High Band

$

3,500

Repairs to Lincolnton Clubhouse

$

5,000

Construct a group pavilion at Lincoln

County Historical Park

$

5,000

Purchase building and equipment for

the Petersburg Fire Department in

Elbert County

$ 15,000

Purchase cardiac monitors for EMS in

Lincoln County

$ 10,000

Operating funds for the Midway voluntary

fire department building in Lincoln

County

$ 10,000

Repair water system and purchase

equipment for fire Department in Rayle

$ 14,000

Improvements to a multipurpose facility

for Harriett G. Darnell, Sr. Center

in Fulton County

$ 125,000

Operating funds for an accelerated

reading program at Forest Hills

Elementary School in DeKalb County

$

8,000

Operating funds for an after school

tutorial and computer literacy program

at Green Forest Community Development

Corp. in DeKalb County

$ 21,000

Purchase/install school sign at the

Hooper-Alexander Elementary School

in DeKalb County

$

6,000

Operating funds for computer literacy

programs at Mr. Kenyada's Neighborhood,

Inc. in DeKalb County

$ 15,000

Operating funds for tutorial program

and leadership academy at lam, Inc.

in DeKalb County

$ 15,000

Purchase music education and workshops

for the South DeKalb Youth Choir

in DeKalb County

$ 10,000

Renovate a county-owned recreation

department softball field in

Montgomery County

$ 10,000

Construct a walking trail and resurface

tennis courts at the Vidalia

Recreation Department

$ 20,000

2074 City of Alley Wheeler County City of Lyons City of Odum City of Jesup Long County City of Ludowici City of Screven Wayne County City of Savannah Chatham County City of Buchanan City of Tallapoosa Haralson County Board of Education
City of Bremen City of Conyers
Rockdale County Fulton County
Fulton County
Fulton County
Baldwin County Board of Education
Baldwin County
Baldwin County Baldwin County Baldwin County Emanuel County

JOURNAL OP THE HOUSE
Renovate the historic Ailey Rosenwald School
Upgrade equipment for the Recreation Department of Wheeler County
Purchase and pave a lot at the Lyons Recreation Department
Repair and renovate Odum City Hall Improvements to a city recycling area
fence and shelter in City of Jesup Modify courthouse to increase records
storage space in Long County Install water meter and repair station
for the City of Ludowici Construct tennis court and purchase
defibrillator for the City of Screven Renovate Wayne County recreation and
voting precinct building Improvements to the Cultural Affairs
Commission building in Savannah Renovate and repair Savannah/Chatham
Humane Society and purchase cages Operating funds for the City of Buchanan
recreation department Operating funds for the City of
Tallapoosa recreation department Operating funds for the Haralson
recreation department Purchase band equipment for the City
of Bremen Construct a Field of Dreams for the
Miracle League Located in the City of Conyers Renovate and repair the Olde Town Conyers Arts Center Operating funds for the Inter-generational Resources Center in Fulton County Operating funds for the Concerned Citizens of Atlanta, Inc. in Fulton County Operating funds for Straight Talk Counseling Services, Inc. in Fulton County Pave a parking lot at Walter B Williams, Jr. Park in Baldwin County Installation of lighting project including scoreboard control cables for high school baseball field in Baldwin County Develop a countywide prioritized transportation plan in Baldwin County Purchase equipment for East Baldwin Fire Station Safety improvements to a county road in Baldwin County Downtown development in the Swainsboro in Emanuel County

15,000 10,000 5,000 5,000 10,000 15,000 10,000 10,000 25,000 10,000 5,000 15,000 15,000 15,000 32,000
75,000 15,000
30,000
30,000
15,000 40,000
25,000 10,000 15,000 10,000 50,000

City of Wrightsville Emanuel County Johnson County Emanuel County Emanuel County City of Soperton City of Kite Board of Education
Cobb County Board of Education
Cobb County
Board of Education Cobb County
City of Savannah
Murray County
Board of Education Fannin County
Board of Education Fannin County
Laurens County
City of Montrose City of East Dublin
Board of Education Dublin City Schools
Laurens County
City of Dudley Board of Education
Franklin County City of Canon Board of Education
Hart County

TUESDAY, MARCH 7, 2000

Repair and renovate the City of

Wrightsville fire department

$

Equipment and renovate the Emanuel

County volunteer fire departments

$

Equipment and renovate the Johnson

County volunteer fire department

$

Operating funds for the East Georgia

Health Cooperative in Emanuel County

$

Purchase equipment for Emanuel County

Library

$

Renovation/repair City of Soperton fire

department

$

Renovate and repair community center in

the City of Kite

$

Environmental class improvements for

Addison Elementary School in Cobb County $

Purchase and installation fencing to

enclose a playground area at Bells

Ferry Elementary School in Cobb

County

$

Purchase lockers and basic furnishings

for the Sprayberry High School field

house in Cobb County

$

Construct a multi-purpose facility at

the Tom Austin House in the City of

Savannah

$

Purchase furniture, equipment, and

transportation for Murray County

Senior Center

$

Renovate and repair the Epworth

Community Club in Fannin County

$

Construct and furnish weightroom and

field house for Seminole County High

School and Middle School

$

Improve and purchase property for the

Dublin-Laurens County Recreation

Authority for Springdale Park

$

Improvements to City of Montrose water

system

$

Improvements to the Water & Sewer,

Right-of-Way and Road Construction in

East Dublin

$

Purchase computers and equipment for

Dublin-Laurens County Schools

$

Operating funds for the Stepping Stone,

Inc. Child Advocacy Center in Laurens

County

$

Purchase equipment for Dudley Volunteer

Fire Department

$

Complete interior and furnishing of new

Agriculture Center at the Franklin

County High School Ag Department

$

Improvements to the City of Canon

public works water system

$

Repair and replace stadium seating at

Hart County High School

$

2075
28,000 15,000 11,000 10,000 10,000 17,000 5,000 5,000
15,000
40,000
75,000
40,000 35,000
25,000
25,000 10,000
15,000 5,000
20,000 25,000
20,000 25,000 15,000

2076
City of Franklin Springs
City of Faulkville
Bryan County
Board of Education Bryan County
Board of Education Effingham County
Bryan County Board of Education
Bryan County City of Guyton Bryan County Effingham County DeKalb County DeKalb County City of Macon
City of Macon Bibb County
Bibb County Board of Education
Crawford County City of Byron Board of Education
Crawford County City of Roberta City of Fort Valley
Brooks County
Echols County

JOURNAL OF THE HOUSE

Purchase/install public works lift

station for sewer system in the City of

Franklin Springs

$ 25,000

Purchase Jaws of Life and additional

fire-fighting equipment for Faulkville

Volunteer Fire Department

$

5,000

Renovate fishing pier and bathroom

facilities and purchase additional

picnic tables at the Tivoli River

recreation area in Bryan County

$

3,000

Purchase playground equipment for Bryan

County Elementary

$ 10,000

Purchase playground equipment for

Springfield Central Elementary in

Effingham County

$ 10,000

Renovate and expand the Old Black Creek

School building in Bryan County

$

5,000

Purchase/install stand for the Bryan

County High School Football field

$ 10,000

Purchase/install air conditioning and

acoustics for City of Guyton gym

$ 10,000

Purchase emergency fire equipment for

Bryan County Fire Department

$

5,000

Construct a pavilion at the Meldrim

Community Park in Effingham County

$

5,000

Improvements and purchase equipment for

the Central DeKalb Youth Football

$

2,500

Construct additional fields for Central

DeKalb Sports Association

$ 25,000

Replace/repair roof of the Booker T.

Washington Community Center facility

in Macon

$ 15,000

Operating funds for the Macon Police

Athletic League youth program

$ 10,000

Medical assistance for indigent HTV

patients at Bibb County Health,

Infectious Disease Clinic

$ 15,000

Operation and staff development of the

Douglas Theater in Bibb County

$ 10,000

Expansion and improvements to athletic

facilities for Crawford County High

School

$ 35,000

Renovate Gymnasium and Auditorium at

Old Byron High School

$ 25,000

Construct a covered pavilion at Crawford

County High School

$ 20,000

Operation and purchase equipment for the

Crawford County Chamber of Commerce $ 10,000

Improvements to Boys and Girls Club of

Peach County facility in the City of

Fort Valley

$ 60,000

Purchase firefighting equipment for the

Talloakes Road Volunteer Fire

Department

$

3,000

Construction of Echols County Volunteer

Fire Dept building

$ 50,000

TUESDAY, MARCH 7, 2000

City of Quitman

Repairing and upgrading of Humane

Society Animal Shelter in Quitman

$

ABAC College

Operating funds for the Animal Science

Program

$

City of Quitman

Repair to the former City Hall of

Quitman

$

Chattooga County

Purchase automatic defibrillators for

the Chattooga County Mutual Aid Assoc $

Board of Education

Purchase equipment for technology

Floyd County

programs Coosa High School Technology

Education Center in Floyd County

$

City of Menlo

Construct a community center for the

Menlo Housing Authority

$

City of Atlanta

Enhance public safety for Martin Luther

King, Jr. Community Development in the

City of Atlanta

$

Bibb County

Purchase/install lighting for soccer

field for Middle Georgia Soccer Assn.

Inc. in Bibb County

$

City of Albany

Provide after school hour studies for

the East Albany area through the

Greater Mt. Olive Outreach

Center, Inc.

$

City of Albany

Operating funds for the Lamb Shelter Day

Care Center, Inc. in Albany

$

City of Albany

Provide transportation for the Slater

King Adult Rehab Day Center in the

City of Albany

$

City of Gainesville

Restore water/soil sedimentation in the

city park area for Friends of the

Parks in Gainesville

$

Georgia Mountains RDC Operating funds for the Elachee Nature

Science Center for the Georgia

Mountains RDC

$

City of Doerun

Renovation of building for use as a

community center in the City of Doerun $

City of Social Circle

Repair of sewer line in the City of

Social Circle

$

City of Moultrie

Construction of community center to

serve Northwest Moultrie

$

City of Pelham

Purchase composting equipment in the

City of Pelham

$

City of Camilla

Restoration of CSX train depot in

Camilla for use as Welcome/Tourist

Center

$

Board of Education

Improvements to the Campbell High School

Cobb County

storage restroom facility in Cobb

County

$

Board of Education

Operation of the King Springs Elementary

Cobb County

School Language Development Program in

Cobb County

$

City of Smyrna

Construct an arboretum walking trail

for the Keep Smyrna Beautiful, Inc.

$

Cobb County

Purchase van for Cobb/Douglas Regional

Board and Service Board in Cobb County $

City of Smyrna

Promote the Smyrna Revitalization

Authority Project

$

2077
10,000 50,000 40,000 10,000
30,000 10,000
50,000
25,000
20,000 20,000
30,000
50,000
25,000 20,000 30,000 25,000 25,000
25,000
25,000
5,000 5,000 10,000 10,000

2078 Board of Education
Cobb County Glynn County Glynn County Colquitt County
Tift County Tift County Gordon County City of Hahira City of Fargo Board of Education
Lanier County Clinch County Grady County
City of Thomasville City of Whigham Atkinson County
City of Ambrose
Atkinson County
City of Douglas
City of Pearson Board of Education
Atkinson County
City of Plains Sumter County
City of Folkston City of Kingsland

JOURNAL OF THE HOUSE
Purchase/install educational class sound system at Nickajack Elementary School in Cobb County
Construct a county owned basketball court in Glynn County
Purchase/install playground equipment at Massengale Park in Glynn County
Construct a building and purchase equipment for the Crossland Fire Dept in Colquitt County
Operating funds for the Red Cross in Tift County
Development of teen court program at the YMCA Teen Court in Tift County
Purchase playground equipment and repairs at Salacoa Park in Gordon Co
Replace Hahira Main Street sidewalk Purchase and install steam serving
table in the City of Fargo Improvements to Lanier County computer
lab Improvements to Clinch County recreation
park Purchase/install computer systems for
the Grady County "All" Volunteer Fire Department in each fire station Operating funds for the Genesis Food Park Renovation of Voting Precinct / Court Room Playground equipment and tractor and finishing mower for Axson and Legion Parks Purchase of lighting, playground equipment and softball field/tennis court improvements Complete the jail improvements, and safety and security, in Atkinson County Construction of Historic Bell Tower, Eastside Park and Roundtree Park in the City of Douglas Recreation and utility needs for the City of Pearson Repairing high school bleachers at football field and repairing roof at Pearson Elementary and Atkinson County High Purchase/install emergency water well for City of Plains Purchase firefighting and related equipment for the Lake Blackshear Volunteer Fire Department Improvements to the electrical system at the historic Mizell House in Folkston Purchase emergency equipment for the Kingsland Volunteer Fire Department

5,000 10,000 20,000
10,000 10,000 5,000 25,000 30,000 15,000 15,000 15,000
10,000 50,000 10,000
15,000
5,000
10,000
15,000 10,000
20,000 34,000
50,000 20,000 25,000

Board of Education Charlton County
City of Folkston Lamar County Butts County City of Barnesville Board of Education
Lamar County City of Jenkinsburg City of Newnan Heard County
Development Authority
City of Rome
Floyd County City of Rome City of Rome
Brantley County City of Alma City of Nahunta City of Folkston City of Patterson
Charlton County City of Hoboken Pierce County City of Blackshear City of Homeland Pierce County

TUESDAY, MARCH 7, 2000

Purchase playground equipment for

Folkston Elementary School in

Charlton County

$

Planning and design of Okefenokee

Research Center in City of Folkston

$

Plan and construct an Agricultural

Exposition Building in Lamar County

$

Construct and operate animal shelter

in Butts County

$

Repairs and improvements to City of

Barnesville Fire Department

$

Construct athletic field for Lamar

County Middle School

$

Develop a city park in the City of

Jenkinsburg

$

Remodel the Newnan Community Theater

County, Inc. building

$

Develop master plan for the Heard

County River Commission for a passive

recreational greenway system along

the Chattahoochee River in Heard

County

$

Purchase automatic defibrillators and

train personnel at the Rome Floyd

County Fire Department

$

Operating funds for the Rome/Floyd

Recreation Authority

$

Renovate Rome Area History Museum to

meet ADA requirements

$

Operating funds for the National

Creative Society for "Children Helping

Children" in the City of Rome

$

Purchase equipment for the volunteer

fire departments in Brantley County

$

Purchase/install lighting for Linear

Park in the City of Alma

$

Complete the City Volunteer Fire

Department Building in Nahunta

$

Purchase/install promotional signs for

the City of Folkston

$

Renovate and purchase equipment for the

Edward (Bud) Newton Recreation

Community Center in the City of

Patterson

$

Purchase equipment for volunteer fire

departments in Charlton County

$

Improvements to the walking track in the

City of Hoboken

$

Promote membership, economic development

and tourism in Pierce County

$

Purchase/install lighting and other

improvements in Blackshear City Park

$

Improvements to the outdoor walking

track in the City of Homeland

$

Completion of Lakeview Community Center

in Pierce County

$

2079
25,000 10,000 50,000 15,000 10,000 15,000 10,000 10,000
25,000
15,000 10,000 20,000
30,000 5,000 10,000 10,000 5,000
5,000 5,000 5,000 2,000 10,000 5,000 15,000

2080
Brantley County
City of Patterson City of Offerman Bacon County City of Madison
City of Watkinsville
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Board of Education Douglas County
City of LaFayette Walker County Board of Education
Walker County City of Ft. Oglethorpe
City of Chickamauga City of LaFayette
City of LaFayette Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County City of Mount Zion Board of Education
Carroll County

JOURNAL OF THE HOUSE

Operating expenses for Dept. of

Intergovernmental Relations in

Brantley County

$

Operating funds for the Patterson

Recreation Department in Patterson

$

Purchase equipment for City of Offerman

$

Purchase equipment for Bacon County

Extension Service

$

Construct wheelchair accessible paved

area for the J.E. Owen Memorial

Arboretum, Inc. in the City of Madison

$

Renovate the old school building into

arts facility for the Oconee Co Arts

Foundation, Inc. in the City of

Watkinsville

$

Operating funds for Two Thousand

Opportunities, Inc. in Columbus/

Muscogee County

$

Operating funds for Project

Rebound/Family Institute in Columbus/

Muscogee County

$

Renovate Memorial Stadium and

maintenance and operation of Adahalia

Mack Park Community Center

$

Purchase/install integrated information

systems technology lab at Alexander

High School in Douglas County

$

Purchase/install playground equipment

for the LaFayette Housing Authority

$

Preservation projects for Walker County

Historic

$

Purchase equipment for LaFayette High

School in Walker County

$

Improve sidewalk and road improvements

and Calvary museum in City of Ft.

Oglethorpe

$

Purchase filtration equipment for City

of Chickamauga water treatment plant

$

Purchase additional playground equipment

at the Linwood Memorial park in

LaFayette

$

Improvements to the walking trail at the

City of LaFayette Recreation Center

$

Purchase of educational material and gym

enhancements for Rockbridge Elementary

School in Gwinnett County

$

Purchase communications and electronic

equipment for Nesbit Elementary School

in Gwinnett County

$

Operating funds for Meadowcreek High

School in Gwinnett County

$

Renovate of City of Mt. Zion Activity

Center

$

Improvements to Temple High School

Athletic facilities in Carroll

County

$

10,000 5,000 5,000 3,000
9,000
15,000
60,000
25,000
50,000
5,000 5,000 7,500 5,000
10,000 25,000
2,500 5,000
20,000
20,000 20,000 15,000
15,000

City of Villa Rica
Board of Education City of Carrollton
Board of Education City of Atlanta
City of Atlanta
DeKalb County
Fulton County
City of Atlanta
City of Bloomingdale
Newton County
Newton County
Board of Education Newton County
DeKalb County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
DeKalb County
DeKalb County
Glynn County
City of Darien
Liberty County
Board of Education City of Commerce
Jackson County
City of Gillsville
Fulton County

TUESDAY, MARCH 7, 2000

2081

Develop ballfields and soccer fields

for the City of Villa Rica

$ 15,000

Upgrading athletic facilities for

boys and girls in the City of

Carrollton

$ 15,000

Kennedy Middle School After School

Tutorial Program in Atlanta

$ 60,000

Washington Park Ballfield Improvements

in Atlanta

$ 10,000

Programs and services to assist youth

in DeKalb

$ 20,000

Provide for programs and services at the

Dogwood Senior Center in Fulton County $ 40,000

Operating funds for the Simpson Road

House of Hope in the City of Atlanta

$ 40,000

Purchase emergency equipment and a used

fire pumper truck for the City of

Bloomingdale

$ 65,000

Operating funds for a senior center in

Covington, Newton County

$ 25,000

Develop a park located in the City of

Covington, Newton County

$ 10,000

Operating funds for outdoor centers,

counseling project, and DARE program

in the City of Newton

$ 25,000

Construct a facility for Senior

Connections in DeKalb County

$ 60,000

Operation of summer tutorial program for

the Combined Communities of Southeast

Columbus

$ 20,000

Operations of the Health Center in South

Columbus

$ 25,000

Operation of the Play and Learn Together

program for Columbus Extension Service $ 20,000

Operation of the Urban League of Greater

Columbus for "Youth Alive 2000"

$ 25,000

Operation of the Push Push Theater in

DeKalb County

$ 40,000

Production costs for the DeKalb Council

for the Arts

$ 20,000

Purchase/install lights for the North

Glynn Recreation Park Ballfield

$ 25,000

Purchase sewer vacuum truck for the

City of Darien

$ 25,000

Construct an outdoor classroom and

restroom at the LeConte - Woodmanston

Foundation, Inc. Plantation

$ 25,000

Replace cabinets and purchase lab

equipment for Commerce High School

$ 15,000

Standardize and replace 10 SCBA's for

the North Jackson Fire Department

$ 10,000

Construct and rebuild sidewalks in the

City of Gillsville

$ 10,000

Purchase equipment for the Georgia

Association of Homes and Services for

Children for Information Management

Systems in Fulton County

$ 25,000

2082
DeKalb County DeKalb County City of Helen Union County City of Tiger City of Dillard Towns County Towns County City of Cleveland White County White County Board of Education
Gwinnett County Board of Education
Houston County City of Warner Robins City of Warner Robins Middle Georgia
Technical Institute Houston County
Library Board Board of Education
Walton County Board of Education
DeKalb County Board of Education
DeKalb County DeKalb County
City of Bowdon
Gilmer County City of East Ellijay

JOURNAL OF THE HOUSE

Development of Wonderland Gardens in

South DeKalb County

$ 25,000

Expand and renovate Exchange Park for

the Glenwood Hills Youth Association

$ 50,000

Operating funds for the River Walk in

the City of Helen

$ 20,000

Purchase a Fire and Rescue A.T.V.

vehicle in Union County

$ 10,000

Purchase fire and rescue equipment for

the City of Tiger

$ 10,000

Renovate and repair Dillard Farmer's

Market

$ 25,000

Construction and purchase equipment for

the new Towns County Jail

$ 50,000

Purchase fire vehicle for Towns County

$ 15,000

Extend the County Sewer Line to a new

school in the City of Cleveland

$ 10,000

Purchase equipment for Evening Star

Music Series in White County

$

5,000

Purchase equipment for Station 5 Shoal

Creek in White County

$

5,000

Renovate stadium at Central Gwinnett

High School

$ 50,000

Lighting and improvements to Perry High

School football field in Houston

County

$ 100,000

Operating expenses for Warner Robins

Convention and Visitors Bureau

$ 25,000

Acquisition and development of greenway

corridor in the City of Warner Robins

$ 25,000

Establishment of "Seamless" Education

program with Houston County Board of

Education and Macon State College

$ 50,000

Repair/replace roof at Perry Library and

Centerville Library in Houston County

$ 95,000

Purchase uniforms and equipment for the

Monroe Area Comprehensive High School

Band in Walton County

$ 13,000

Purchase of new band uniforms and

instruments for each of the high

schools in DeKalb County

$ 18,000

Assistance to elementary school PTA

organizations in DeKalb County

$

9,000

Renovate/repair entrances;

beautification and upkeep to community

common areas; landscaping including

flowers shrubs and sod in DeKalb

County

$ 28,000

Construct/improvements to a multi

purpose recreation facility,

auditorium and gymnasium in City of

Bowdon

$ 60,000

Renovation of Civic Center/ambulance

service quarters in Gilmer County

$ 25,000

Renovation and repairs to City Hall in

East Ellijay

$ 15,000

Fannin County
Augusta/Richmond County
Board of Education Augusta/Richmond County
Augusta/Richmond County
Augusta/Richmond County
Board of Education Cobb County
Cobb County
Chattahoochee Board of Education
Haralson County Pierce County Sumter County
City of Atlanta
Lowndes County
City of Hartwell
DeKalb County
Pulaski County
Cobb County City of Albany Forsyth County
Clayton County
Columbia County
Gwinnett County
Wayne County
Cobb County
Bibb County
Clayton County
City of Tifton
Banks County

TUESDAY, MARCH 7, 2000

2083

Repairs to county courthouse in Fannin County
Training for the Richmond County Marshal's Department
Purchase technology improvements for Tutt Middle School in Augusta/ Richmond County
Improvements to baseball field fence and dugout for girls softball team at Westside Comprehensive High School in Augusta/Richmond County
Operation of Augusta Arsenal and Carriage Works Museum
Expand Pebblebrook High School football stadium in Cobb County
Repair and renovate South Cobb Community Center
Renovate classrooms for the Chattahoochee Board of Education
Renovate Haralson County Courthouse Lee Street Resource Center Continue restoration effort at the
Rylander Theater in Americus Martin Luther King, Jr. Boulevard
revitalization Construct Valdosta/Lowndes County
Conference Center Hartwell Conference Center and necessary
wastewater treatment facilities Planning grant to DeKalb County
Convention and Visitor's Bureau for a cultural center Restoration of the Pulaski County Courthouse South Cobb redevelopment initiative Civil Rights Museums in Albany Feasibility study for Lake Lanier water quality council Preservation/renovation of first brick house in historic Jonesboro Provide funds for the planning and design of the Columbia County library Train and rehabilitate workers in Gwinnett County Provide funds for Historical Chattahoochee Commission Provide funds for the Cobb County Veterans Memorial Operating funds for Harriet Tubman Museum in Bibb County Operating funds for Clayton County Greenway Council Provide funds for an agricultural facility in Tifton Provide funds for construction of a multi-purpose agricultural building in Banks County

$ 25,000 $ 30,000
$ 20,000

$ 15,000 $ 10,000 $ 30,000 $ 30,000 $ 75,000 $ 50,000 $ 125,000 $ 450,000 $ 100,000
$ 750,000 $ 1,000,000

$ 50,000

$ 400,000 $ 1,000,000 $ 75,000

$ 32,000

$ 50,000

$ 50,000

$ 50,000

$

4,500

$ 250,000

$ 150,000

$ 68,000

$ 100,000

$ 200,000

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Stephens County

Provide funds for a high school cannery in Stephens County

$ 200,000

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 42. Provisions Relative to Section 8, Department of Community Health. There is hereby appropriated to the Department of Community Health 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 43. 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 mid-
dle school programs.

Section 44. Provisions Relative to Section 11, Employees' Retirement System. It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 45. 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 stan-
dards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

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2085

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 make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

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 46. Provisions Relative to Section 22, Merit System of Personnel Admin istration. The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SPY 2001 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 2001 shall not exceed 13.1%.

Section 47. 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.

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Section 48. Provisions Relative to Section 29, 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 $4,000 for the taxable year beginning January 1, 2000.
Section 49. Provisions Relative to Section 33, 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. 2001.
Section 50. Provisions Relative to Section 35, 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 DC, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts 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.

TUESDAY, MARCH 7, 2000

2087

Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 51. In addition to all other appropriations for the State fiscal year ending June 30, 2001, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,521,072) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

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Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2000 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 58. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

TUESDAY, MARCH 7, 2000

2089

For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 59. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 60. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $233,698,749 for the following purposes: 1.) As a cost-of-living adjustment generally for the class, to provide a general salary adjustment of 0% to 6% for individual employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000 (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, 2000 (proposed salary adjustments are contingent on an employee 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, 2000. 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, 2000. 5.) To provide for a cost of living adjustment of 3% for Executive Branch employees receiving at least "meets expectations" on their annual performance appraisal and are at, above or less than 3% below the maximum annual salary for their respective pay grades. 6.) To provide for a 3% 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, 2000. 7.) 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, 2000. 8.) In lieu of item 1 above, as a cost-of-living adjustment generally for the class, to provide for a 3% 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, 2000. 9.) In lieu of item 1 above, as a cost-of-living adjustment generally for the class, to provide a 3% 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 October 1, 2000 for non-academic personnel. 10.)In lieu of item 1 above, as a cost-of-living adjustment generally for employees of the Executive Branch earning below the GeorgiaGain target hire rate for their respective job classifications, excluding the job classifications specifically addressed in other provisions of this section, adjust the annual salaries by one-third of the difference between their current annual salary and the GeorgiaGain target hire rate for the applicable job classification, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Board of Pardons and Paroles employees earning below the Georgia Gain established target salary levels in the Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer, Chief Parole Officer and Parole Center Administrator job classifications or award a 3% salary adjustment, whichever is greater, with the amount of the appropriation for this

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purpose determined according to an effective date of October 1, 2000. 12.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Board of Pardons and Paroles employees earning at or above the Georgia Gain established target salary levels in the Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer, Chief Parole Officer and Parole Center Administrator job classifications with the amount of the appropriation for this purpose determined according to and effective date of October 1, 2000. 13.)In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, or award a 3% salary adjustment, whichever is greater with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 14.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Corrections employees earning at or above the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 15.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Human Resources employees earning below the GeorgiaGain target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 16.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Human Resources employees earning at or above the GeorgiaGain target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 17.)In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Natural Resources Peace Officer Standards Training certified personnel, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 18.)In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments 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, 2000.

Section 61. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2001

$

14,421,828,880

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1160, designating Representative Coleman of the 142nd as Chairman thereof.
The Speaker called the House to order.

TUESDAY, MARCH 7, 2000

2091

The Committee of the Whole arose and through its Chairman reported HB 1160 back to the House with the recommendation that the same Do Pass, hy the Appropriations Committee substitute.

The following amendment was read:

Representative Irvin of the 45th moves to amend the Committee substitute to HB 1160 by (removing from) state funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2001 the figure $2,282,820, and by (decreasing) the object classes as listed below:

Object Classes

Local Assistance Grants

2,282,820

Total Funds State Funds

2,282,820 2,282,820

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey
Bannister N Barnard Y 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 N Coan N Coleman, B N Coleman, T N Connell Y Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T Day
N Dean N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson
Dukes N Ehrhart N Epps Y Evans N Everett N Felton N Ployd Y Franklin N Golick N Graves N Greene Y Grindley N Hammontree N Manner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones Y Joyce Y Kaye N Lane N Lewis N Lord
Lucas N Maddox Y Mann Y Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley
Morris N Mosley Y Mueller E O'Neal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense N Turnquest N Twiggs N Unterman N Walker, L
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 38, nays 134.

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JOURNAL OF THE HOUSE

The amendment was lost.

Representative Barnes of the 97th 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:

Representative Sanders of the 107th moves to amend the Committee substitute to HB 1160 by (removing from) state funds for the Office of the Governor, Section 15, relating to State Fiscal Year 2001 the figure $50,000, and by (decreasing) the object classes as
listed below:

Object Classes

Regular Operating Expenses
Total Funds State Funds

50,000
50,000 50,000

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Alien N Anderson N Ashe N Bailey N Bannister Y Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders N Bridges N Brooks Y Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper N Cox N Crawford N Cummings Y Davis, M

N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene Y Grindley N Hammontree N Hanner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston
Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley Y Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings
Jones Y 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 N McClinton N McKinney N Millar Y Mills N Mobley
Morris N Mosley Y Mueller E OTSFeal 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 Y Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

N Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert N Trense
Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

TUESDAY, MARCH 7, 2000

2093

On the adoption of the amendment, the ayes were 39, nays 134. The amendment was lost.

Representative Barnard of the 154th stated that he inadvertently voted "aye" on the preceding roll call. He 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 Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Y Buck N Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Clark N Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford
Cummings N Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Manner Y Harbin Y Harrell 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 Y 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 Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller E CWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster YPoag 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 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 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 TUlman Y Tblbert 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 passage of the Bill, by substitute, the ayes were 157, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Buckner of the 95th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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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.
Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 1492. By Representatives Purcell of the 147th, Hudson of the 156th, Powell of the 23rd, Murphy of the 18th and Bailey of the 93rd: A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities, so as to provide that it shall be unlawful for telephone solicitors to make calls from unlisted telephone numbers.
The following Committee substitute was read and adopted: A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding telephone service, so as to define certain terms; to direct the Public Service Commission to promulgate rules regarding the display of identification codes of telephone solicitors who contact residential subscribers and the blocking of such identification codes; to provide for enforcement by the administrator of consumer affairs; to provide for a civil penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions regarding telephone service, is amended by adding at the end thereof a new Code Section 46-5-28 to read as follows:
"46-5-28.
(a) As used in this Code section, the term:
(1) 'Commission' means the Public Service Commission.
(2) 'Telephone solicitation' means a call made by a telephone solicitor to a consumer for the purpose of soliciting a sale of any consumer goods or services, or for the purpose of soliciting an extension of credit for consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes, or for the purpose of soliciting contributions for or on behalf of a charitable organization as defined in Code Section 43-17-2.
(3) Telephone solicitor" means any natural person, firm, organization, partnership, association, or corporation, or a subsidiary or affiliate thereof, doing business in this state, who makes or causes to be made a telephone solicitation, including but not limited to calls made by use of automated dialing or recorded message devices.

TUESDAY, MARCH 7, 2000

2095

(b)(l)(A) The commission shall promulgate rules and regulations to ensure that any telephone solicitor who contacts any residential subscriber for the purpose of making a telephone solicitation shall possess an identification code that will appear on a caller identification unit. The identification code will correctly identify the name of the telephone solicitor and a phone number where the solicitor can be reached during normal business hours.
(B) In the event the telephone solicitor originates calls from a private branch exchange, as defined by the commission, and such private branch exchange does not pass the identifying telephone number to the telecommunications service provider, as defined by the commission, the telecommunications service provider delivering the call will be required to transmit a private branch exchange trunk number which would identify the telephone solicitor. The telecommunications service provider will be exempt from this requirement in the event such telephone trunk number delivery is not technically feasible via a signaling system seven, as defined by the commission, or other comparable network capable of transmitting calling party number information.
(C) Any telecommunications service provider that cannot currently deliver calling party number identification must file with the commission upon the commission's request a detailed explanation of why its network is not capable of providing such information.
(2) The commission shall promulgate rules and regulations to ensure that no telephone solicitor may use any device which blocks a caller identification unit or otherwise conceals or misrepresents the identity of the telephone solicitor or the phone number where the solicitor can be reached during normal business hours.
(3) A telephone solicitor who makes telephone calls on behalf of an organization which has nonprofit status under Section 501(c)(3) of the Internal Revenue Code, and who makes such calls from a location other than the principal place of business of such organization, shall comply with all the provisions of this Code section, except that the identification code used by such solicitor need not correctly identify the name of the organization and a phone number where the organization can be reached during normal business hours.
(c) The administrator appointed pursuant to subsection (a) of Code Section 10-1-395 shall investigate any complaints received concerning violations of this Code section. If, after investigating any complaint, such administrator finds that there has been a violation of this Code section, such administrator may impose a civil penalty not to exceed $500.00 for each violation against the telephone solicitor."
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

2096
Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings
Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

JOURNAL OF THE HOUSE

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 E Jenkins Y Jennings Y Jones N Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas

Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller E CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Eagas 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 Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre

Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 166, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 584. By Representatives Mobley of the 69th, Ragas of the 64th, Brooks of the 54th and Epps of the 131st:
A bill to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on the status of a resident alien or naturalized citizen.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty, the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on the status of a resident alien or naturalized citizen; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 7, 2000

2097

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, is amended by adding at its end a new subsection (c) to read as follows:
"(c) In addition to any other inquiry by the court prior to acceptance of a plea of guilty, the court shall determine whether the defendant is freely entering the plea with an understanding that if he or she is not a natural citizen of the United States, then the plea may have an impact on his or her status as a temporary resident, permanent resident, or naturalized citizen of the United States. This subsection shall apply with respect to acceptance of any plea of guilty to any state offense in any court of this state or any political subdivision of this state."
SECTION 2.
This Act shall become effective July 1, 2000, and shall apply with respect to pleas accepted on or after that date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn
Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
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
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 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
Morris Y Mosley Y Mueller E (Weal 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 N Snow Y Squires Y Stallings
Y Stancil Y Stanley, P Y Stanley-Turner
Y Stephens Y Stokes Y Stuckey Y Taylor

2098
Y Teague Y Teper Y Tillman Y Tblbert

JOURNAL OF THE HOUSE

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 passage of the Bill, by substitute, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Greene of the 158th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.
HB 1413. By Representatives Hanner of the 159th, Coleman of the 142nd, Royal of the 164th, Shaw of the 176th, Skipper of the 137th and others:
A bill to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to revise and change certain provisions regarding grants and other disbursements of funds; to provide for procedures, conditions, and limitations with respect to certain loans; to create the state community development program.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson 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
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
Ehrhart Y Epps Y Evans Y Everett Y Pelton Y Floyd Y Franklin Y Golick Y Graves Y Greene N Grindley

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson 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
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 E CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag
Ponder

Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Y Reaves Y Reece Y Reed Y Heese Y Heichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper

Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.H Y Smith, P
Y Smith, T Y Smith, V

TUESDAY, MARCH 7, 2000

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
West

2099
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 165, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 1654. By Representative Skipper of the 137th: A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to provide for the Southwest Georgia Railroad Excursion Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson 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
Burkhalter YByrd
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
N Davis, M

Y Davis, T Y Day
Dean
Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart
Y Epps Y Evans Y Everett Y Felton Y Floyd
N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Y Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson
E Jenkins Y Jennings
N Jones Y Joyce Y Kaye Y Lane Y Lewis
Y Lord Lucas
Y Maddox
N Mann Y Manning Y Martin, J Y Martin, J.L
Y Massey Y McBee Y McCall Y McClinton
Y McKinney
Y Millar Y Mills Y Mobley
Morris
Y Mosley Y Mueller E CWeal
Y Orrock
Y Parham Y Parrish
Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Reaves Y Reece Y Reed Y Reese
Reichert Y Rice
Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan Y Shaw
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings
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, H.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 5.

2100

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HR 260 was postponed until Wednesday, March 8, 2000.
HB 1577. By Representatives Buck of the 135th, Royal of the 164th and Smith of the 175th:
A bill to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to authorize the state revenue commissioner to allow certain access to certain confidential materials, documents, and information for certain research purposes.

Representative Callaway of the 81st moved that HB 1577 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

N Alien N Anderson
N Ashe N Bailey Y Bannister N Barnard N Barnes N Benefield N Birdsong Y Bohannon N Bordeaux N Borders Y Bridges
N Brooks N Brown
N Buck N Buckner N Bulloch
Y Bunn 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 N Cox N Crawford N Cummings Y Davis, M

N Davis, T Y Day
Dean N DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart
Epps Y Evans N Everett Y Pelton N Floyd Y Franklin N Golick N Graves N Greene Y Grindley Y Hammontree N Manner N Harbin N Harrell N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Houston N Howard N Hudgens N Hudson, H N Hudson, N

N Hugley Irvin
Y Jackson, B N Jackson, L N James N Jamieson N Jenkins N Jennings Y Jones Y Joyce N Kaye N Lane Y Lewis N Lord
Lucas Y Maddox Y Mann N Manning N Martin, J N Martin, J.L Y Massey
McBee N McCall N McClinton N McKinney Y Millar Y Mills N Mobley
Morris N Mosley N Mueller E OTSIeal N Orrock N Parham N Parrish N Parsons

N Pelote Y Pinholster N Poag
Ponder N Porter N Powell N Purcell N Ragas N Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert N Rice N Richardson
Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett
Scheid N Scott N Shanahan N Shaw N Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C N Smith, C.W N Smith, L

Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor
Teague N Teper N Tilhnan Y Tolbert N Trense N Turnquest
Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 40, nays 123. The motion was lost.
The previous question was ordered.

TUESDAY, MARCH 7, 2000

2101

Representative Callaway of the 81st objected to the previous question.

On the objection to the previous question, 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 N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch N Bunn
Burkhalter
Y Byrd N Callaway Y Campbell N Cash Y Channell Y Childers N Clark N Coan Y Coleman, B
Coleman, T
Connell N Cooper Y Cox Y Crawford Y Cummings N Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G N 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
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
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson
Y Jenkins
Y Jennings N Jones N Joyce Y Kaye Y 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
Y McKinney Y Millar N Mills Y Mobley
Morris Y Mosley N Mueller E O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster YPoag
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
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
Sinkfield
Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.H Y Smith, P Y Smith, T N Smith, V Y Smyre
N Snelling
Y Snow Y Squires Y Stallings N Stand) 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
N Walker, R.L Y Watson
West N Westmoreland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

The ayes were 129, nays 31.

The report of the Committee, which was favorable to the 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 N Bohannon
Y Bordeaux
Y Borders N Bridges Y Brooks

Y Brown Y Buck Y Buckner Y Bulloch N Bunn
Burkhalter
Y Byrd N Callaway Y Campbell N Cash Y Channell
Y Childers
N Clark N Coan

Y Coleman, B Y Coleman, T
Connell N Cooper Y Cox Y Crawford Y Cummings
N Davis, M
Y Davis, T N Day
Dean Y DeLoach, B N DeLoach, G N Dix

Y Dixon Y Dodson
Y Dukes Y Ehrhart
Y Epps N Evans Y Everett Y Felton
Y Floyd N Franklin Y Golick N 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
Y Holmes Y Houston Y Howard N Hudgens

2102
Y Hudson, H Y Hudson, N Y Hugley
Irvin N Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings N Jones N Joyce N Kaye Y Lane N Lewis Y Lord
Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L

JOURNAL OF THE HOUSE

N Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar N Mills Y Mobley
Morris Y Mosley N Mueller E OTsTeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster Y Poag Y Ponder Y Porter Y Powell

Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett N Scheid Y Scott Y Shanahan Y Shaw Y Shipp

Y Sholar Y Sims
Sinkfield Y Skipper N Smith, B Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner N Stephens Y Stokes

Y Stuckey Y Taylor Y Teague Y Teper Y Tillman N Tolbert Y Trense Y Tumquest
Twiggs Y Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmorland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spin-

On the passage of the Bill, the ayes were 128, nays 42.
The Bill, having received the requisite constitutional majority, was passed.
Representative Stancil of the 16th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 1576. By Representatives Stokes of the 92nd, Manning of the 32nd, Wix of the 33rd, Stuckey of the 67th, Golick of the 30th and others: A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to change certain provisions relating to interception of wire, oral, and electronic communications.
The following Committee substitute was read: A BILL
To amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to change certain provisions relating to interception of wire, oral, and electronic communications; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by striking in its entirety Code Section 16-11-66, relating to the interception of wire, oral, and electronic communications and related matters, and inserting in lieu thereof the following:

TUESDAY, MARCH 7, 2000

2103

"16-11-66.

(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

(b) After obtaining the consent required by this subsection, the telephonic conversations to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone shall be given only by order of a judge of a superior court upon written application. Said recording shall not be used in any prosecution of the eeaacnting child in any delinquency or criminal proceeding. Such application need not comply with the procedures set out in Code Section 16-11-64.
(c) The judge shall issue the order provided by subsection (b) of this Code section only:

(1) Upon finding probable cause that a crime has been committed; (2)Upon finding thefe

(A) That the child understands that the conversation is to be recorded and that such child agrees to participate; aad or

(B) That the application is being made by the parent or guardian of the child, the child is under the age of 16 years, and the criminal conduct involves statutory rape as prohibited by Code Section 16-6-3, child molestation or aggravated child molestation as prohibited by Code Section 16-6-4, or enticing a child for indecent purposes as prohibited by Code Section 16-6-5; and
(3) Upon determining that participation is not harmful to such child.

A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order and such copy of the recording shall be kept under seal until further order of the court."

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 previous question was ordered.

Representative McKinney of the 51st moved to reconsider the previous question.

2104

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 N Bannister N Barnard Y Barnes Y Benefield N Birdsong N Bohannon N Bordeaux N Borders N Bridges Y Brooks N Brown Y Buck Y Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N 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

N Davis, T N Day Y Dean N DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson Y Dukes N Ehrhart Y Epps N Evans N Everett Y Felton Y Floyd N Franklin Y Golick N Graves Y Greene
Grindley N Hammontree Y Banner N Harbin N Harrell N Heard Y Heckstall N Hegstrom N Hembree N Henson Y Holland N Holmes Y Houston Y Howard N Hudgens N Hudson, H Y Hudson, N

Y Hugley N Irvin N Jackson, B
Jackson, L Y James N Jamieson Y Jenkins N Jennings Y Jones Y Joyce Y Kaye Y Lane N Lewis N Lord
Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L N Massey Y McBee N McCall N McClinton Y McKinney Y Millar Y Mills N Mobley
Morris N Mosley N Mueller E O'Neal N Orrock
Par ham Y Parrish N Parsons

N Pelote N Pinholster N Poag N Ponder
Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves N Reece Y Reed N Reese Y Reichert Y Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid N Scott N Shanahan N Shaw N Shipp Y Sholar N Sims
Sinkfield Y 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 Y Smyre N Snelling Y Snow N Squires N Stallings Y Stancil Y Stanley, P Y Stanley-Turner N Stephens N Stokes N Stuckey Y Taylor
Teague Y Teper Y Tillman N Tolbert Y Trense N Turnquest N Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson N West
Westmoreland N Whitaker N Wiles N Williams, J N Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 81, nays 86.
The motion was lost.
The following amendment was read:
Representative Campbell of the 42nd moves to amend the Committee substitute to HB 1576 by striking lines 1 through 33 of page 1 and lines 1 through 25 of page 2 and inserting in lieu thereof the following:
"To amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to provide that a parent or guardian of a minor child may monitor or intercept certain communications between such child and another person for the purpose of ensuring the welfare of such child; to provide conditions for such monitoring or interception; to authorize disclosure of such communications to a district attorney or law enforcement officer under certain circumstances; to provide for admission of evidence of such communications; to provide for other matters relative to the foregoing; 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.
Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, is amended by striking in its entirety Code Section 16-11-66, relating to the interception of wire, oral, and electronic communications and related matters, and inserting in lieu thereof the following:
'16-11-66.

(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
(b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d) of this Code section. Said recording shall not be used in any prosecution of the eonaonting child in any delinquency or criminal proceeding. Such An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64.
(c) The A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only:
(1) Upon finding probable cause that a crime has been committed;
(2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and
(3) Upon determining that participation is not harmful to such child.
A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order and such copy of the recording shall be kept under seal until further order of the court.
(d) The provisions of this article shall not be construed to prohibit a parent or guardian of a child under 18 years of age, with or without the consent of such minor child, from monitoring or intercepting telephonic conversations of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent or guardian has a reasonable or good faith belief that such conversation or communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent or guardian may disclose the content of such telephonic conversation or electronic communication to the district attorney or a law enforcement officer. A parent or guardian may consent to the monitoring or interception of communications of a minor child by a law enforcement officer. A recording or other record of

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any such conversation or communication made by a parent or guardian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section.'"

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
Barnes N Benefield
Birdsong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown
Buck N Buckner N Bulloch Y Bum Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash N Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Connell Y Cooper Y Cox Y Crawford N Curamings Y Davis, M

Y Davis, T N Day N Dean N DeLoach, B Y DeLoach, G
Dix N Dixon Y Dodson Y Dukes Y Ehrhart N Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree Y Banner Y Harbin N Harrell N Heard Y Heckstall N Hegstrom Y Hembree Y Henson N Holland N Holmes N Houston Y Howard Y Hudgens
Hudson, H N Hudson, N

N Hugley Y Irvin Y Jackson, B
Jackson, L Y James N Jamieson N Jenkins Y Jennings Y Jones Y Joyce Y Kaye N Lane Y Lewis N Lord
Lucas N Maddox Y Mann Y Manning N Martin, J Y Martin, J.L Y Massey N McBee Y McCall N McClinton Y McKinney Y Millar Y Mills N Mobley
Morris Y Mosley Y Mueller E O'Neal N Orrock
Parham N Parrish Y Parsons

N Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell N Purcell N Ragas Y Randall N Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice Y Richardson Y Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid N Scott N Shanahan Y Shaw Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C Y Smith, C.W N Smith, L

Y Smith, L.R N Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling N Snow N Squires N Stallings Y Stancil Y Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor Y Teague N Teper Y Tillman Y Tolbert Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J
Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 98, nays 67. The amendment was adopted.

Representative Stokes of the 92nd moved that the House reconsider its action in adopting the Campbell amendment.

On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson N Ashe Y Bailey N Bannister N Barnard Y Barnes Y Benefield

Birdsong N Bohannon Y Bordeaux
Borders N Bridges N Brooks
Brown Buck

Y Buckner Y Bulloch N Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash

Y Channell Y Childers N Clark N Coan N Coleman, B
Coleman, T Connell Y Cooper

Y Cox Crawford
Y Cummings N Davis, M Y Davis, T Y Day N Dean N DeLoach, B

N DeLoach, G N Dix Y Dixon Y Dodson N Dukes N Bhrhart Y Epps N Evans N Everett Y Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley N Hammontree N Hanner Y Harbin Y Harrell Y Heard N Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston

TUESDAY, MARCH 7, 2000

N Howard N Hudgens
Hudson, H Y Hudson, N Y Hugley N Irvin N Jackson, B
Jackson, L Y James N Jamieson Y Jenkins N Jennings N Jones N Joyce N Kaye Y Lane N Lewis Y Lord
Lucas Y Maddox N Mann Y Manning Y Martin, J N Martin, J.L N Massey Y McBee N McCall N McClinton

N McKinney N Millar N Mills Y Mobley
Morris
Y Mosley
N Mueller E O'Neal
Y Orrock Parham
Y Parrish N Parsons Y Pelote N Pinholster N Poag N Ponder
Porter N Powell Y Purcell Y Eagas N Randall N Ray Y Reaves Y Reece N Reed
Reese Y Reichert N Rice

N Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder N Scarlett N Scheid Y Scott N Shanahan
Shaw N Shipp Y Sholar Y Sims Y Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L N Smith, L.R Y Smith, P N Smith, T N Smith, V Y Smyre N Snelling Y Snow
Y Squires

2107
Y Stallings N Stancil N Stanley, P N Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor N Teague Y Teper N Tillman N Tolbert N Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
Walker, R.L N Watson N West N Westmoreland N Whitaker N Wiles N Williams, J
Williams, R Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 73, nays 88. The motion was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell

Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T YDay N Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart

Y Epps Y Evans
Y Everett
Y Felton Y Floyd Y Franklin 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 Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning N Martin, J
Y Martin, J.L

Y Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller E O'Neal
Y Orrock Parham
Y Parrish Y Parsons Y Pelote Y Pinholster YPoag Y Ponder
Porter Y Powell
Y Purcell

2108
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

JOURNAL OF THE HOUSE

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil

Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes N Stuckey Y Taylor Y Teague N 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 165, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
March 7, 2000
Mr. Robert E. Rivers Clerk of House of Representatives Georgia General Assembly
Dear Mr. Rivers:
This letter is written pursuant to Rule 137 in explanation of my vote on H.B. 1576. I voted against H.B. 1576 in its amended form. I had supported the bill as it came out of Judiciary Committee. As chairman of the House Judiciary Committee I had worked with the author of the bill to attempt to protect children by allowing parents to wiretap their children's phone conversations in certain limited situations. I believe the bill as passed by the committee addressed the problem that was called to our attention in a recent appellate court decision. Unfortunately in adopting the Campbell floor amendment, which I believe was intended to overturn the decision in that case as it applied to the facts of that case, we may have made the bill unconstitutionationally retroactive and unconstitutionally broad. For that reason alone I voted against the bill.
/s/ Jim Martin House District 47
HB 1275. By Representatives Byrd of the 170th, Mosley of the 171st and Stephens of the 150th: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to define certain terms; to provide that an employer whose employee has suffered unlawful violence or a credible threat of violence that has been carried out at the employer's workplace may seek a temporary restraining order and an injunction prohibiting further violence or threats of violence.
The following Committee substitute was read and adopted:

TUESDAY, MARCH 7, 2000

2109

A BILL
To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to define certain terms; to provide that an employer whose employee has suffered unlawful violence or a credible threat of violence that has been carried out at the employee's workplace may seek a temporary restraining order and an injunction prohibiting further violence or threats of violence at the workplace or while the employee is acting within the course and scope of employment; to provide for the jurisdiction of the superior courts over petitions for such temporary restraining orders and injunctions; to provide for the filing of petitions, affidavits, hearings, service, and notification of law enforcement agencies; 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 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, is amended by adding at the end thereof a new Code section, to be designated as Code Section 34-1-7, to read as follows:
"34-1-7.

(a) As used in this Code section, the term:
(1) 'Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose including following or stalking an employee to or from the place of work; entering the workplace of an employee; following an employee during hours of employment; telephone calls to an employee; and correspondence with an employee including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer e-mail.
(2) 'Credible threat of violence' means a knowing and willful statement or course of conduct which would cause a reasonable person to believe that he or she is under threat of death or serious bodily injury, and which is intended to, and which actually causes, a person to believe that he or she is under threat of death or serious bodily injury, and which serves no legitimate purpose.
(3) 'Employer' means any person or entity that employs one or more employees and shall include the State of Georgia and its political subdivisions and instrumentalities.
(4) 'Unlawful violence' means assault, battery, or stalking, as prohibited by Code Section 16-5-20, 16-5-21, 16-5-23, 16-5-23.1, 16-5-24, 16-5-90, or 16-5-91, but shall not include lawful acts of self-defense or defense of others.
(b) Any employer whose employee has suffered unlawful violence or a credible threat of violence from any individual, which can reasonably be construed to have been carried out at the employee's workplace, may seek a temporary restraining order and an injunction on behalf of the employer prohibiting further unlawful violence or threats of violence by that individual at the employee's workplace or while the employee is acting within the course and scope of employment with the employer. Nothing in this Code section shall be construed as authorizing a court to issue a temporary restraining order or injunction prohibiting speech or other activities that are protected by the Constitution of this state or the United States.

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(c)(l) Except for proceedings involving a nonresident respondent, the superior court of the county where the respondent resides shall have jurisdiction over all proceedings under this Code section.
(2) For proceedings under this Code section involving a nonresident respondent, the superior court where the petitioner's workplace is located shall have jurisdiction, where the act involving unlawful violence or a credible threat of unlawful violence meets the elements for personal jurisdiction provided for under paragraph (2) or (3) of Code Section 9-10-91.
(d) Upon filing a petition with the court for an injunction pursuant to this Code section, the petitioner may obtain a temporary restraining order if the petitioner also files an affidavit which, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent and that great or irreparable harm shall result to an employee if such an injunction is not granted. The affidavit shall further show that the petitioner has conducted a reasonable investigation into the underlying facts which are the subject of the petition. A temporary restraining order granted under this Code section shall remain in effect, at the court's discretion, for a period not to exceed 15 days, unless otherwise modified or terminated by the court.
(e) Within ten days of filing of the petition under this Code section or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held on the petition for the injunction. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period, the same shall be scheduled and heard within any other county of the circuit. The respondent may file a response which explains, excuses, justifies, or denies the alleged unlawful violence or credible threat of violence or may file a cross-complaint under this Code section. At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an injunction shall issue prohibiting further unlawful violence or threats of violence at the employee's workplace or while the employee is acting within the course and scope of employment with the employer. An injunction issued pursuant to this Code section shall have a duration of not more than three years. At any time within the three months before the expiration of the injunction, the petitioner may apply for a renewal of the injunction by filing a new petition for an injunction pursuant to this Code section.
(f) Upon the filing of a petition for an injunction pursuant to this Code section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing on the petition.
(g) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of each temporary restraining order or injunction, or modification or termination thereof, granted under this Code section, by the close of the business day on which the order was granted, to the law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(h) Nothing in this Code section shall be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons."

TUESDAY, MARCH 7, 2000

2111

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, 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 Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps 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 Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Ylrvin
Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jenningg Y Jones Y Joyce YKaye Y Lane Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee YMcCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller E CVNeal Y Orrock
Parham Y Parrish Y Parsons

YPelote Y Pinholster YPoag Y Ponder Y Porter Y Powell YPurcell Y Ragas
Y Randall YRay Y Reaves Y Reece Y Reed Y Reese YReichert YRice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw YShipp Y Sholar YSims 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 league Y Teper Y Tillman Y Tolbert YTrense Y Turnquest YTwiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1574. By Representative Bordeaux of the 151st: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to revise and clarify provisions relating to compensation and expenses for certain senior judges, certain retired judges, and certain judges emeritus.

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The following Committee substitute was read:
A BILL
To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to revise and clarify provisions relating to compensation and expenses for certain senior judges, certain retired judges, and certain judges emeritus; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, is amended in Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, by striking subsection (i) in its entirety and inserting in its place the following:
"(i) Senior judges of the superior courts, senior judges of the state courts, senior judges of the juvenile courts, part-time judges, and retired judges or judges emeritus of the state courts shall receive the amount of compensation and payment for expenses as provided by Code Section 15-1-9.2. In accordance with subsection (h) of thia Code acction, part-time judgca ahull receive from atatc funds appropriated by the General Assembly for the operation of the superior courts for each day of acrviec, the otatc 30! ary of a superior court judge divided by 336. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance."
SECTION 2.
Said chapter is further amended in Code Section 15-1-9.2, relating to senior judges of the superior courts, by striking subsection (d) in its entirety and inserting in lieu thereof the following:
"(dXl) Senior judges serving as judges of an appellate or superior court under this Code section or any other provision of law shall receive compensation from state funds for each day of service, in the amount of the annual state salary of a judge of the applicable court, divided by 235. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the appellate or superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge.
(2) Senior judges serving as judges of any court other than an appellate or superior court under this Code section or any other provision of law shall receive compensation for each day of service, in the amount of the annual salary of a judge of the applicable court, divided by 235. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same

TUESDAY, MARCH 7, 2000

2113

rate as state employees for such services. Such compensation, expenses, and mileage shall be paid from funds appropriated or otherwise available for the operation of the applicable court, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge."

SECTION 3.

Said chapter is further amended in Code Section 15-1-9.3, relating to senior judges of the state courts or juvenile courts, by striking subsection (f) in its entirety and inserting in lieu thereof the following:

"(f) A senior judge acrving aa a judge of a superior court, juvenile court, or any appcl late court under thia Code acetion shall be compensated in the amount of $166.00 per day for auch service, and auch compensation shall be paid from atatc fundo appropriated or available for the operation of the court on which the ocnior judge 3crvca. Fee service aa a judge of any other court, the compensation of a senior judge under this Code acetion ahall be that which ia normally paid to a aubatitutc judge of the court in which the senior judge ia acrving, and auch compcnaation shall be paid from any funds available for the operation of such court. In addition to ouch compensation, a senior judge ahall receive actual cxpcnaca or, at the judgc'a option, in the event of oorviec outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the aamc rate aa state employees for such services. Such cxponac3 and mileage ahall be paid from the aamc source of funda which paya the compensation of a senior judge aa provided in thia subsection upon a certificate by the acnior judge aa to the number of daya acrvcd or the expenses and mileage. Such compcnaation and cxpcnoca ahall not affect, diminiah, or otherwise impair the payment or receipt of any retirement or pension bonofita, when applicable, of auch judge, shall receive compensation and expenses as provided in subsection (d) of Code Section 15-1-9.2."

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Bordeaux of the 151st, Martin of the 47th, Davis of the 60th, Jenkins of the 110th and Stuckey of the 67th move to amend the Committee substitute to HB 1574 as follows:
On page 1, by deleting line 16 in its entirety and inserting in lieu thereof the following:
"appointed pursuant to Code section 15-1-9.3,"

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.

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On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges 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 Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
YDay Dean
Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon Y Dodson
Dukes Ehrhart YEpps 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
Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce YKaye 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
Morris Y Mosley Y Mueller E CTOeal YOrrock
Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randal! 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 YShaw YShipp 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 leper Y Tillman
Y Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HB 703. By Representative Holland of the 157th: A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide for an exemption in the event of spouses filing jointly.
The following Committee substitute was read and adopted: A BILL
To amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to change the exemption; to provide for an exemption in the event of spouses filing jointly; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 7, 2000

2115

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, is amended by striking in its entirety paragraph (6) of subsection (a) and inserting in lieu thereof the following:
"(6) The debtor's aggregate interest, not to exceed $400.00 $5,000.00 in value plus any unused amount of the exemption provided under paragraph (1) of this subsection, in any property; provided, however, that in the event title to property used for the exemption under paragraph (1) of this subsection is in one of two spouses filing jointly, the unused portion of the exemption provided by such paragraph as if such property had been owned jointly by both spouses shall also be allowed;
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
N Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
YBulloch Y Bunn Y Burkhalter YByrd
Y Callaway Campbell
Y Cash Y Channell Y Childers
Y Clark Y Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cummings
Davis, M

Y Davis, T YDay Y Dean Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps
Y Evans N Everett
Felton Y Floyd N Franklin Y Golick
Y Graves Y Greene Y Grindley Y Hammontree Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Houston
Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
Y Jackson, B 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
Morris Y Mosley Y Mueller E O'Neal Y Orrock
Parham Y Parrish
Y Parsons

Y Pelote Y Pinholster YPoag Y Ponder Y Porter
Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Heaves 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 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 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 N 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

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JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 164, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, SB 307 was postponed until Monday, March 13, 2000.
HB 712. By Representatives Cox of the 105th, Smith of the 103rd, Sauder of the 29th, Walker of the 141st, Smyre of the 136th and others: A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation, so as to change the conditions relating to what conduct constitutes such offense.

The following Committee substitute was read and adopted: A BILL
To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, regarding certain obscenity offenses related to minors, so as to provide for the offense of obscene telephone contact with a child; to provide for definitions and 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, regarding certain obscenity offenses related to minors, is amended by adding after Code Section 16-12-100.2 a new Code section to read as follows:
"16-12-100.3.
(a) As used in this Code section, the terms 'sexual conduct,' 'sexual excitement,' and 'sadomasochistic abuse' have the same meanings as provided for those terms in Code Section 16-12-100.1, relating to electronically furnishing obscene materials to minors; the term 'sexually explicit nudity" has the same meaning as provided for that term in Code Section 16-12-102, relating to distributing harmful materials to minors; and the term 'child' means a person under 14 years of age.
(b) A person 17 years of age or over commits the offense of obscene telephone contact with a child if that person has telephone contact with an individual whom that person knows or should have known is a child, and that contact involves any aural matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse which is intended to arouse or satisfy the sexual desire of either the child or the person, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(c)(l) Except as otherwise provided in other paragraphs of this subsection, a person convicted of the offense of obscene telephone contact with a child shall be guilty of a misdemeanor of a high and aggravated nature.
(2) Upon the first conviction of the offense of obscene telephone contact with a child:
(A) If the person convicted is less than 21 years of age, such person shall be guilty of a misdemeanor; or

TUESDAY, MARCH 7, 2000

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(B) The judge may probate the sentence without regard to the age of the convicted person, and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, the judge shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the place of incarceration shall provide counseling to such defendant.
(3) Upon a second or subsequent conviction of such offense, the defendant shall be guilty of a felony and punished by imprisonment for not less than one nor more than five years."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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
Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway
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 N 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 N 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
Morris Y Mosley Y Mueller E OTSTeal N 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
Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 3.

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JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Jenkins of the 110th and Orrock of the 56th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
The Speaker Pro Tern 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.